Robinson v. Hartzell Propeller Inc.
| Decision Date | 21 July 2004 |
| Docket Number | Civil Action No. 01-5240. |
| Parties | Michael ROBINSON and Wendy Robinson, Plaintiffs, v. HARTZELL PROPELLER INC. and New England Propeller Service, Inc., Defendants. |
| Court | U.S. District Court — Eastern District of Pennsylvania |
Arthur Alan Wolk, Bradley J. Stoll, Catherine B. Slavin, Christopher J. Cerski, Wolk, Genter & Harrington, Philadelphia, PA, for Plaintiff.
Ann T. Field, James E. Robinson, Patrick J. O'Connor, Paul K. Leary, Jr., Cozen & O'Connor, Philadelphia, PA, Robert P. Dennison, Reger & Rizzo, LLP, Prussia, PA, Geraldine D. Zidow, Mckissock & Hoffman, PC, J. Bruce McKissock, McKissock & Hoffman, P.C., Philadelphia, PA, for Defendant.
This civil action arises out of claims by plaintiffs, Michael and Wendy Robinson, against defendants Hartzell Propeller Inc. ("Hartzell") and New England Propeller Service, Inc. ("NEPS") for damages stemming from injuries they suffered in a 1999 plane crash. In the Complaint, plaintiffs allege that the accident occurred when one of the propeller blades on their aircraft failed. Hartzell designed and manufactured the propeller. It is alleged that NEPS performed maintenance on the propeller.
Plaintiffs claim, inter alia, that the propeller failure was caused by Hartzell's negligent design of the propeller. Plaintiffs also contend that Hartzell was aware of the propeller's defective design and misrepresented the design problems to the Federal Aviation Administration ("FAA") when the propeller was certified for use and concealed the propeller's propensity for failure from the FAA after certification. With respect to NEPS, plaintiffs allege negligence in the performance of maintenance on the propeller. Based on these allegations, plaintiffs asserted claims against Hartzell for negligence (Count I), strict liability (Count II), and fraud (Count III) and against NEPS for negligence (Count IV).
Presently before the Court are Hartzell's Motion for Summary Judgment Pursuant to the General Aviation Revitalization Act of 1994 ("GARA"), Pub.L. No. 103-298, 108 Stat. 1552 (), Hartzell's Motion in Limine to Preclude the Testimony of William Ray Twa, Hartzell's Motion in Limine to Preclude the Testimony of Richard H. McSwain, Ph.D., P.E., Hartzell's Motion in Limine to Preclude Expert Testimony Relating to the Insufficiency of Hartzell Manuals, NEPS's Motion for Summary Judgment, and NEPS's Motion to Exclude Plaintiffs' Expert Richard H. McSwain From Testifying Regarding Propeller Overhaul.
In its Motion for Summary Judgment, Hartzell argues that GARA's eighteen year statute of repose bars plaintiffs' claims because the propeller at issue was installed on the aircraft more than eighteen years before the accident. In response, plaintiffs claim that (1) based on Hartzell's alleged misrepresentations and concealment, their claims are subject to GARA's "knowing misrepresentation or concealment or withholding" exception and the statute of repose does not apply; or, in the alternative, (2) under GARA's "new part" provision, the eighteen year period began when Hartzell issued an overhaul manual in 1984 or when the propeller was overhauled in 1989.
In its Motion for Summary Judgment, NEPS argues that plaintiffs have produced no evidence that it performed any maintenance on plaintiffs' aircraft. In the alternative, NEPS contends that, even if it performed maintenance on the aircraft, there is no admissible evidence that the maintenance was performed negligently.
Hartzell argues in its Motions in Limine that Mr. Twa and Dr. McSwain should not be permitted to testify about Hartzell's state of mind or scienter. In the Motion in Limine concerning Hartzell manuals, Hartzell contends that the testimony of Dr. McSwain, Jerry D. Foster, A.J. Fielder, and Donald E. Sommer on the sufficiency of the overhaul manuals and procedures should be excluded because these experts base their conclusions on facts not in evidence. NEPS claims in its in limine motion that Dr. McSwain is not qualified to offer testimony on propeller overhaul.
For the reasons set forth in this Memorandum, both Hartzell's Motion for Summary Judgment Pursuant to GARA and NEPS's Motion for Summary Judgment are denied. Hartzell's motions to preclude the testimony of Mr. Twa and Dr. McSwain are granted with respect to the opinions on the issue of Hartzell's state of mind or scienter. The motions in limine are denied in all other respects. Hartzell's Motion in Limine to preclude testimony on the sufficiency of its manuals is denied without prejudice. NEPS's motion in limine to exclude Dr. McSwain's testimony is denied. These rulings in limine are without prejudice to defendants' right to object to testimony and other evidence presented by all such experts at trial.
On August 15, 1999, Michael and Wendy Robinson were injured when they were forced to make an emergency crash landing in their Mooney M20E aircraft near Prattsburg, New York. Compl. 13, 14, 16; Hartzell's Motion for Summary Judgment Pursuant to the General Aviation Revitalization Act of 1994 ("Hartzell's Mot.") at 2 & Ex. 1 (National Transportation Safety Board Factual Report Aviation, ID No. NYC99LA 202 ("NTSB Report")). Plaintiffs allege that, as a result of the crash, Wendy Robinson fractured her spine, breast bone, and left foot; Michael Robinson's injuries resulted in permanent paraplegia. Compl. 17-20.
Plaintiffs aver in the Complaint that a propeller blade fractured during the flight, causing the crash landing. Id. 16. According to an investigation conducted by the National Transportation Safety Board, the fracture occurred in the "mid-blade" region of the propeller. Hartzell's Mot. at 2 & Ex. 1 (NTSB Report). The plane was equipped with a propeller manufactured by Hartzell, model number HC-C2YK-17666-2, made of 2025-T6 aluminum. Compl. 16, 27, Hartzell's Mot. at 2. According to Hartzell, the propeller blade was manufactured on August 8, 1974 and installed on plaintiffs' aircraft on or about October 17, 1974. Hartzell's Mot. at 3, Ex. 4 (Aff. of Thomas McCreary, Hartzell's Safety Investigation Manager) 3, 6. Plaintiffs claim that it was "inspected, repaired, maintained, serviced, overhauled, certified, and returned to service" by NEPS in 1989, prior to the accident. Id. 26.
The plane was equipped with a IO-360-A1A engine manufactured by Lycoming. Compl. 24, Hartzell's Mot. at 2. Plaintiffs state in the Complaint that "[t]his particular aircraft and engine combination was known to create a harmonic between the blade and the engine, which could and did result in the development of stress corrosion and cracks within the blade." Compl. 31. On this issue, plaintiffs claim that the Id. 33. It is plaintiffs' position that "high damaging vibration stresses generated by the engine/propeller system caused a fatigue crack in the...
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