Four Corners Helicopters, Inc. v. Turbomeca, S.A.

979 F.2d 1434, 1992 U.S. App. LEXIS 30124, 1992 WL 336066
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 17, 1992
DocketNo. 91-1295
StatusPublished
Cited by44 cases

This text of 979 F.2d 1434 (Four Corners Helicopters, Inc. v. Turbomeca, S.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Four Corners Helicopters, Inc. v. Turbomeca, S.A., 979 F.2d 1434, 1992 U.S. App. LEXIS 30124, 1992 WL 336066 (10th Cir. 1992).

Opinion

BARRETT, Senior Circuit Judge.

Turbomeca, S.A. (Turbomeca) appeals from a judgment entered in favor of plaintiffs Jenny Patón and Four Corners Helicopters, Inc. (Four Corners).

Factual Background

This case arises from a helicopter crash which resulted in the death of pilot William Patón (Patón), husband of Jenny Patón. At the time of the accident, Patón was operating an Aerospatiale SA 315 B “Lama” helicopter for his employer, Four Corners. The helicopter was powered by an Artouste IIIB turbine engine, designed and manufactured by defendant Turbome-ca.

[1436]*1436The Artouste IIIB is a constant-speed engine which maintains the same revolutions per minute (RPMs) during operational maneuvers by sensing deviations in RPMs and adjusting the amount of fuel delivered to the engine. This process produces additional heat, and if the engine temperature limits are exceeded, the engine will burn itself up.

At the time of the accident, Patón was using the helicopter to transport a compressor by long-line. Although this maneuver placed substantial demands on the engine, it was within the engine’s limits. Pri- or to the accident, this helicopter had been used extensively for this type of mission and, in fact, following the accident, was replaced by a similar aircraft. In the instant case, it is undisputed that the helicopter engine overheated, causing the aircraft to crash. The issue at trial was the cause of overheating.

The National Transportation Safety Board (NTSB) investigated the accident at the scene, during engine dismantling, and at Turbomeca’s facility in France. The NTSB discovered that a loose labyrinth screw had backed out of position and contacted the compressor impeller. In its report, the NTSB noted that an abnormal squeal, caused by the screw rubbing the diffuser-holder plate, had been witnessed prior to the crash of the aircraft. The NTSB’s report also documented twenty-one previously reported instances where, during the course of engine repair or maintenance, it was discovered that the labyrinth screw had rubbed the impeller. In each instance, the engine was removed either because of abnormal noise which occurred during engine rundown, later discovered to be the screeching of the screw on the impeller, or because of a slightly slower rundown-time.

Turbomeea also participated in the investigation, conducting loose screw tests upon a similar engine and then transmitting the results to the NTSB and the Federal Aviation Administration (FAA). In its report, Turbomeea reviewed the same twenty-one prior loose screw incidents but concluded that the friction between the screw and the impeller was a minor anomaly which had no effect on the correct operation of the engine; Turbomeea had previously issued Service Bulletin TU133, labelled “URGENT,” which outlined a modification procedure to “improve locking of front labyrinth fastening screws on diffuser cover.” The company recommended that the modification be performed as soon as possible on both the production line and when repairing engines. The modification consisted of “staking” the screw heads to the surrounding metal, and was performed on the subject engine in 1979 at Turbomeca’s factory in France. During Turbomeca’s final testing of the engine in question, the engine “seized” during rundown. This seizure was the subject of a second report by Tur-bomeca which was never provided to the NTSB, the FAA, or Four Corners.

Plaintiffs proceeded to trial on strict liability in tort and negligence theories. They asserted that the helicopter engine failed when a loose labyrinth housing screw backed out of position and contacted the rear face of the compressor impeller. They claimed that this contact reduced the engine’s RPMs, causing additional amounts of fuel to be injected into the engine. The additional fuel produced an increase in temperature beyond the engine’s limits, resulting in the engine’s destruction.

Turbomeea asserted that the loose labyrinth screw could not have caused the engine failure. Turbomeea presented evidence that when a helicopter is required to hover and place a load in a confined area, a collective pitch change results, increasing the engine’s temperature, over which the pilot has control. Turbomeea argued that in the instant case, the pilot’s demands on the aircraft, namely pulling up too much on the collective pitch control, caused the engine to overheat and ultimately fail. Although Turbomeca’s accident reconstruc-tionist opined that no mechanical failure caused the accident, he nevertheless conceded that if there had been a mechanical problem, his theory on pilot error would not be appropriate.

The jury found Turbomeea liable under strict liability only. The district court en[1437]*1437tered judgment on the jury’s verdict, including interest and costs, in favor of Pa-ton in the amount of $959,926.20 and in favor of Four Corners in the amount of $306,204.37.

On appeal, Turbomeca contends that the district court erred in: (1) instructing the jury on a rebuttable presumption that the decedent acted with reasonable care at the time of the accident which caused his death; (2) admitting evidence of sixteen incidents involving labyrinth seal screw backouts; (3) excluding evidence of an experiment conducted by Turbomeca’s expert; (4) permitting recovery of economic, damages under a strict liability theory; and (5) awarding prejudgment interest on future damages, discounted to the date of trial rather than the date of the decedent’s death.

Discussion

I. PRESUMPTION OF REASONABLE CARE INSTRUCTION

Turbomeca contends that the district court erred in instructing the jury on a rebuttable presumption that the decedent acted with reasonable care at the time of the accident which caused his death.

In instructing the jury, the district court directed the jurors to “consider only evidence admitted in the trial,’’ which included, among other things, “all presumptions stated in [the] instructions.” The court indicated that “[pjresumptions are rules based on experience or public policy and are established om [sic] the law to assist the jury in ascertaining the truth.” Then, over Turbomeca’s objection, the court instructed that “[w]hen a person is dead and cannot testify concerning his actions, the law presumes, unless there is evidence to the contrary, that the decedent acted with reasonable care.”

A.

Citing Simpson v. Anderson, 33 Colo.App. 134, 517 P.2d 416, 417 (1973), rev’d on other grounds, 186 Colo. 163, 526 P.2d 298 (1974), Turbomeca asserts that under Colorado’s comparative fault law, the decedent in a wrongful death action is not presumed to have acted with reasonable care. In Simpson, the Colorado Court of Appeals noted that the presumption of due care was “created primarily to ameliorate the harsh effect of a complete denial of recovery resulting from a finding of contributory negligence_” Id. Because under comparative negligence a plaintiff’s fault will not entirely defeat his recovery, “the rationale behind [the] presumption is therefore no longer persuasive.” Simpson, 517 P.2d at 417. The Simpson court concluded “that a rule that presumes exercise of due care by a decedent is inapplicable in wrongful death actions tried under [the] comparative negligence statute.” Id.

Simpson

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Cite This Page — Counsel Stack

Bluebook (online)
979 F.2d 1434, 1992 U.S. App. LEXIS 30124, 1992 WL 336066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/four-corners-helicopters-inc-v-turbomeca-sa-ca10-1992.