Hiser v. Bell Helicopter Textron Inc.
| Decision Date | 22 August 2003 |
| Docket Number | No. G029637.,G029637. |
| Citation | 4 Cal.Rptr.3d 249,111 Cal.App.4th 640 |
| Parties | Sharon HISER, Plaintiff and Respondent, v. BELL HELICOPTER TEXTRON INC., Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
Stephen K. Brunk, La Jolla; Shea & Gardner and Frederick C. Schafrick for Defendant and Appellant.
Speiser Krause and Douglas W. Schroeder, Santa Ana, for Plaintiff and Respondent.
In this wrongful death action arising from a helicopter crash, the jury awarded the widow of the pilot $8,676,696 against the manufacturer of the helicopter. Defendant manufacturer asserts the causes of action for strict products liability and negligence are barred as a matter of law by an 18-year federal statute of repose, the General Aviation Revitalization Act of 1994 (GARA).1 Because breach of written warranty is an exception to GARA's statute of repose, defendant also contends the breach of warranty cause of action cannot be sustained as a matter of California law. Finally, defendant complains the court committed reversible error in making several evidentiary rulings.
Briefly, plaintiff's decedent, Floyd Hiser (Hiser), was killed when his helicopter crashed during a fire suppression mission. Shortly before the crash, Hiser reported by radio he had suffered a "flameout." Plaintiff argued the flameout was caused by fuel "starvation," i.e., although sufficient fuel was on board the helicopter, for reasons attributed to a defective fuel transfer system, fuel flow to the engine was disrupted. Defendant argued the flameout was caused by fuel "exhaustion," i.e., Hiser simply ran out of fuel.
As defendant concedes, the jury accepted plaintiff's version. But, defendant argues, plaintiff's action is nevertheless time barred by GARA because "[p]laintiff focused almost all of her criticism on ... aspects of the overall fuel system... which were not new" and which were part of the original design shielded from liability by GARA.
As we will explain, we agree with defendant's interpretation of GARA, but nevertheless conclude substantial evidence supports the judgment based on the cause of action for strict products liability. In light of this conclusion, we find it unnecessary to address the warranty arguments. The asserted evidentiary errors were either waived or did not, either singly or collectively, constitute a miscarriage of justice. Accordingly, we affirm the judgment.
Hiser was in semiretirement, working as a seasonal helicopter pilot for Rogers Helicopters, a company which, inter alia, did fire suppression work under contract with the United States Forest Service (forest service). On July 6, 1997, Hiser was called to assist in fighting a fire known as the "Hemlock fire" in the Sand Canyon area near San Bernardino. During the course of the day, the breakout of a spot fire was observed by Wayne Leitner, a helicopter pilot employed by another contractor for the forest service.
Leitner and Hiser were directed to make a water drop on the spot fire. They met at a pond west of the fire to pick up water. Because Leitner knew the location of the fire, Hiser followed him to the site. Leitner planned to make a water drop on one flank of the fire, and Hiser was to follow with a drop on the other flank. As Leitner dropped his load of water and was proceeding to the top of a ridge, he heard Hiser radio he had a "flameout." Leitner understood the term "flameout" to mean Hiser's engine had quit because the flame in the combustion chamber of the helicopter jet engine had been extinguished.
Leitner turned back to look for Hiser's helicopter and, as he looked down the canyon, he saw Hiser's helicopter hit the canyon wall and slide down the side of the canyon. Leitner returned to the helibase at Patton State Hospital and picked up some workers who were equipped to rappel from the helicopter to the crash site. The rappellers were dropped a short distance from the crash site and found Hiser deceased. The rappellers also detected the strong smell of "Jet A" (helicopter fuel) from as much as 100 feet away.
To understand the respective arguments of the parties, it is helpful to review the basic mechanics of a portion of the overall fuel system referred to during trial as the "fuel transfer system." We describe the fuel transfer system as configured by a 1982 retrofit, post, which, the parties agree, was installed on the accident helicopter sometime between 1982 and 1988.
Hiser was flying a helicopter known as the Bell 206L 1 "Long Ranger." This model has three fuel tanks or "cells." The rear tank holds 76 gallons of fuel. Two forward tanks hold 11 1/2 gallons each. The rear tank supplies the engine. The front tanks are used as a reservoir to replenish the rear tank as the engine burns the fuel. The fuel transfer system is the collection of components that transfers fuel from the front tanks to the rear tank.
Two electric "boost pumps" are fastened to the bottom of the rear tank. The boost pumps push fuel through a couple of hoses to a "manifold," also located inside the rear tank. The manifold is a device that distributes fuel delivered to it by the boost pumps in three separate directions. One outlet from the manifold delivers approximately two-thirds of the boost pumps' output to the engine. The other two outlets deliver the remaining one-third into two "motive flow" lines running toward the front tanks.
The flow of fuel in the motive flow lines is used eventually to pump fuel from the forward tanks, much as the flow of water in a garden hose is used to pump insecticide or herbicide from the jar of a hose-end garden sprayer. But first, as the fuel flows in each of the motive flow lines toward the front tanks, it passes through "in-line fuel filters," and then through "check valves." The purpose of the in-line fuel filters is to filter larger size contaminants from the fuel to prevent jamming or clogging of down-stream components. The check valves are one-way valves, allowing fuel to flow in the normal forward direction, but preventing any flow in the backward direction.
The flow of fuel in the motive flow lines next encounters the "fuel flow switches," one in each line. The fuel flow switches are devices designed to detect the rate at which fuel is flowing. If the rate of flow becomes too low, the switch turns on a light on the pilot's instrument panel indicating the failure of a boost pump.
Finally, the fuel in the motive flow lines reaches a "dual element ejector pump." The ejector pump has no moving parts. As noted, it operates much like two hose-end garden sprayers, side by side. The fuel flow from the motive flow lines is constricted through a tapered section, thereby increasing the velocity of the fluid. Because of a well-known law of fluid mechanics called Bernoulli's principle, the increased velocity results in a lower fluid pressure and a suction which draws fuel through lines dropped into the two forward tanks, much like the flow of water through a garden sprayer draws insecticide through a tube dropped into the insecticide jar. The original motive fuel flow, with the added fuel drawn from the forward tanks, is then delivered through a common line to the rear fuel tank.
Although not a part of the transfer mechanism described, another element of the fuel system plays a role in the process. A separate pipe, known as a standpipe, sits upright in the rear tank and is connected to the forward fuel tanks. When fuel is added to the helicopter, the rear tank fills first until the fuel reaches the level of the mouth of the standpipe. As additional fuel is added, it flows through the tube connected to the standpipe to the forward tanks until they are filled. As still additional fuel is added, the rear tank then fills to the top.
When the fuel transfer system is working properly, the sequence of fuel transfer between tanks is essentially reversed. As the engine burns fuel the motive flow lines entrain fuel from the forward tanks and deliver it to the rear tank. So long as the fuel level in the rear tank is above the mouth of the standpipe, fuel continually flows through the standpipe from the rear tank to the forward tanks replacing the fuel that was transferred, and, as a result, the forward tanks remain full. But when the fuel level in the rear tank falls to just below the level of the mouth of the standpipe, fuel can no longer enter the standpipe to flow to the forward tanks. The fuel in the forward tanks is then being transferred to the rear tank by the fuel transfer system, without replenishment by the standpipe, thereby maintaining the level of fuel in the rear tank at the standpipe level until, eventually, the forward tanks are depleted of fuel. At this point, fuel in the rear tank is the only remaining fuel on board. A low fuel warning light is configured to alert the pilot when approximately 10 gallons of useable fuel remains in the rear tank.
Plaintiff argued the fuel transfer system did not work as described above. Instead, fuel in the rear tank of Hiser's helicopter (the supply for the engine) was depleted while much fuel remained trapped, and unusable, in the forward tanks. The fuel gauge in the cockpit displays the total fuel on board without differentiating whether the fuel is in the forward tanks or the rear tank. Thus, while a low fuel warning light should come on when the rear tank falls below 10 gallons of useable fuel, a potential for confusion may exist when the fuel transfer system fails because the pilot may observe both a low fuel warning light and a gauge that indicates plenty of fuel is on board.
Defendant first delivered the helicopter involved in this case to Rogers Helicopters on June 29, 1979, 18 years and 7 days before the fatal accident. Before 1981, defendant had received reports of engine...
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