Fletcher v. Cessna Aircraft Co.

991 A.2d 859, 412 N.J. Super. 530
CourtNew Jersey Superior Court Appellate Division
DecidedApril 20, 2010
DocketA-4596-08T2
StatusPublished
Cited by4 cases

This text of 991 A.2d 859 (Fletcher v. Cessna Aircraft Co.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fletcher v. Cessna Aircraft Co., 991 A.2d 859, 412 N.J. Super. 530 (N.J. Ct. App. 2010).

Opinion

991 A.2d 859 (2010)
412 N.J. Super. 530

Janet FLETCHER, Individually and as the Executrix of the Estate of Lynn T. Fletcher, Plaintiff-Respondent,
v.
CESSNA AIRCRAFT COMPANY, Defendant-Appellant, and
State of New Jersey Department of Transportation, Defendant.

No. A-4596-08T2

Superior Court of New Jersey, Appellate Division.

Argued November 10, 2009.
Decided April 20, 2010.

*860 Jeffrey W. Moryan, Roseland, argued the cause for appellant (Connell Foley, attorneys; Mr. Moryan, of counsel and on the brief; Christine I. Gannon, Roseland and Neha Bansal, Short Hills, on the brief).

James Fitzgerald, Rutherford, argued the cause for respondent (Friedman, Kates, Pearlman & Fitzgerald, attorneys; Mr. Fitzgerald, on the brief).

Before Judges WEFING, GRALL and MESSANO.

The opinion of the court was delivered by

*861 GRALL, J.A.D.

On February 25, 2005, Lynn T. Fletcher was piloting his Cessna Model 182P and died in a crash on takeoff from Greenwood Lake Airport in West Milford, New Jersey. The National Transportation Safety Board has determined that the probable cause was an inadequate preflight inspection resulting in a total loss of engine power due to ice in the fuel system. The plane was manufactured in 1975 and delivered to its initial owner on April 11, 1975. This accident occurred nearly thirty years later. There is no evidence that defendant Cessna Aircraft Company (Cessna) serviced the aircraft, supplied a new part of any kind after delivery of the plane to the initial owner or provided any information to Fletcher after he purchased the aircraft from a prior owner in 1992.

Plaintiff Janet Fletcher, individually and as the executrix of her husband's estate, filed this suit alleging, among other things, that Cessna failed to warn about measures to prevent, correct and avoid a crash caused by ice in the aircraft's fuel system.[1] The trial judge denied Cessna's motion for dismissal on summary judgment, and we granted Cessna leave to appeal.

Cessna claims that this action against it is barred by the General Aviation Revitalization Act of 1994, 49 U.S.C.A. § 40101 note (GARA). GARA is "a statute of repose that generally bars suits against airplane manufacturers brought more than eighteen years after the delivery date to an initial purchaser of the aircraft." Robinson v. Hartzell Propeller, Inc., 454 F.3d 163, 165 (3d Cir.2006). GARA does not apply unless the action against the manufacturer is one "in its capacity as a manufacturer." GARA Section 2(a).

This appeal raises one question: Whether an action for damages based on Cessna's failure to warn about the potential for ice in the fuel system or to advise about measures available to avoid the condition and its catastrophic consequences is brought against Cessna "in its capacity as a manufacturer." We conclude that it is and reverse.

The question presented is one of statutory interpretation that is subject to de novo review. In re Liquidation of Integrity Ins. Co., 193 N.J. 86, 94, 935 A.2d 1184 (2007). A court's primary goal when interpreting a statute is to determine the Legislature's intent. Higgins v. Pascack Valley Hosp., 158 N.J. 404, 418, 730 A.2d 327 (1999). The inquiry begins with the language of the statute, which generally controls when the meaning is clear. Ibid. When the statutory language is susceptible of different meanings, courts "seek to effectuate the fundamental purpose for which the legislation was enacted" and may look to legislative history to identify the intended goals. Klumb v. Bd. of Educ. of Manalapan-Englishtown Reg'l High Sch. Dist., 199 N.J. 14, 24-25, 970 A.2d 354 (2009) (internal quotations omitted); Daidone v. Buterick Bulkheading, 191 N.J. 557, 565-66, 924 A.2d 1193 (2007). Where the statute is a federal law, the interest of comity and the benefits of uniform application require us to consider and give due deference to decisions of federal and state courts interpreting the statute. See Glukowsky v. Equity One, Inc., 180 N.J. 49, 64, 848 A.2d 747 (2004), cert. denied, 543 U.S. 1049, 125 S.Ct. 864, 160 L.Ed.2d 770 (2005); S & R Assocs. v. Lynn Realty Corp., 338 N.J.Super. 350, 356, 769 A.2d 413 (App.Div.2001); Blecker v. State, 323 N.J.Super. 434, 442, 733 A.2d 540 (App. *862 Div.1999); see also Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 43, 109 S.Ct. 1597, 1605-06, 104 L.Ed.2d 29, 43 (1989).

GARA is an amendment to the Federal Aviation Act of 1958. Its first substantive provision, Section 2, provides in pertinent part:

(a) Except as provided in subsection (b), no civil action for damages for death or injury to persons or damage to property arising out of an accident involving a general aviation aircraft may be brought against the manufacturer of the aircraft or the manufacturer of any new component, system, subassembly, or other part of the aircraft, in its capacity as a manufacturer if the accident occurred—
(1) after the applicable limitation period [eighteen years[2]] beginning on—
(A) the date of delivery of the aircraft to its first purchaser or lessee, if delivered directly from the manufacturer; or
(B) the date of first delivery of the aircraft to a person engaged in the business of selling or leasing such aircraft; or
(2) with respect to any new component, system, subassembly, or other part which replaced another component, system, subassembly, or other part originally in, or which was added to, the aircraft, and which is alleged to have caused such death, injury, or damage, after the applicable limitation period beginning on the date of the completion of the replacement or addition.
[(Emphasis added).]

There is no question that this civil action for damages for death and personal injury is one arising out of an accident involving a general aviation aircraft and brought against the manufacturer. And, there is no dispute that the accident occurred long after the eighteen-year period following delivery of the aircraft to its initial owner and that no new part manufactured by Cessna is alleged to have caused Fletcher's death.

The question in this case, as noted above, is whether plaintiff's claim is brought against Cessna "in its capacity as a manufacturer." Plaintiff's argument, as we understand it, is that a manufacturer acts in its capacity as such only while manufacturing the aircraft or part. Therefore, in plaintiff's view, an action for failure to warn or advise about proper servicing, storage and use of a properly manufactured aircraft is not an action against Cessna "in its capacity as a manufacturer" but in a capacity better characterized as "servicing" or "publishing instructional materials."

Section 2 suggests that plaintiff is mistaken. Subsection (b) of Section 2 includes four exceptions to GARA's grant of repose. One of the exceptions indicates that Congress considered claims that might arise from a manufacturer's failure to provide information about performance, operation, service and maintenance and concluded that such claims would fall within the class that are pursued against a manufacturer "in its capacity as a manufacturer." Subsection (b)(1) permits an action if a plaintiff

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991 A.2d 859, 412 N.J. Super. 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-cessna-aircraft-co-njsuperctappdiv-2010.