In re Air Crash at Schenley Golf Course

510 F. Supp. 1228, 1979 U.S. Dist. LEXIS 8568
CourtUnited States Judicial Panel on Multidistrict Litigation
DecidedNovember 14, 1979
DocketNo. 390
StatusPublished

This text of 510 F. Supp. 1228 (In re Air Crash at Schenley Golf Course) is published on Counsel Stack Legal Research, covering United States Judicial Panel on Multidistrict Litigation primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Air Crash at Schenley Golf Course, 510 F. Supp. 1228, 1979 U.S. Dist. LEXIS 8568 (jpml 1979).

Opinion

OPINION AND ORDER

PER CURIAM..

I. BACKGROUND

This litigation consists of six actions pending in four districts: three actions in the Western District of Pennsylvania, and one action each in the District of Delaware, the Northern District of Indiana, and the District of Utah.

On August 21, 1977, a Beechcraft Bonanza airplane crashed on Schenley Park Golf Course in Pittsburgh, Pennsylvania. Glen Shaw (Shaw), the pilot of the aircraft; Richard J. Heckel (Heckel) and Heckel’s wife were the only people aboard the airplane at the time of the crash, and Heckel’s wife was the only fatality.

In August, 1978, Heckel initiated a wrongful death and survival action in the Western District of Pennsylvania (Heckel). Named as defendants in Heckel were Beech Aircraft Corporation (Beech), manufacturer of the aircraft that crashed; Poorman Aircraft Service (Poorman), an Ohio business alleged to have inspected and repaired the aircraft’s engine “approximately one year prior to the accident”; Nichels Engineering Co. Inc. (Nichels) and G. N. Aircraft, Inc. [1230]*1230(G. N.), both Indiana businesses alleged to have inspected and repaired the aircraft’s engine “approximately one year prior to the accident”; Thompson Flying Service, Inc. (Thompson), a Utah business alleged to have repaired, rebuilt and sold the engine on the aircraft “at some time prior to the accident”; Leon Lamp and Lamp Aircraft Service (the Lamp defendants), Ohio residents alleged to have repaired, rebuilt, inspected and installed the engine on the aircraft “at some time prior to the accident”; and M. J. Corbi Aircraft Sales, Inc. (Corbi), an Ohio business alleged to have sold the aircraft to its owner at the time of the crash. Separate wrongful death and survival counts for negligence, strict liability and breach of warranty were alleged against each defendant.

On October 13, 1978, Shaw filed the second Pennsylvania action (Shaw) against the same defendants originally named in Heckel Plaintiff sought to recover damages based upon theories of liability substantially similar to those in Heckel.

In February, 1979, Nichels, G. N. and Thompson were dismissed from both Shaw and Heckel for lack of personal jurisdiction.

The third Pennsylvania action was originally brought in August, 1978, in the Northern District of Ohio by Heckel against Poor-man, the Lamp defendants and Corbi. In November, 1978, this action was transferred to the Western District of Pennsylvania pursuant to 28 U.S.C. § 1404(a). The allegations against the defendants in this action are identical to those raised against them in Heckel.

The remaining three actions were also brought by Heckel in August, 1978. Beech is the sole defendant in the Delaware action, Thompson is the sole defendant in the Utah action, and Nichels and G. N. are the defendants in the Indiana action. Again, the allegations against each defendant are identical to those originally raised against each defendant in Heckel.

Heckel moves the Panel to centralize, pursuant to 28 U.S.C. § 1407, all actions in this docket in the Western District of Pennsylvania for coordinated or consolidated pretrial proceedings. Shaw joins in this motion. Beech, G. N. and Thompson oppose transfer.

We find that these actions involve common questions of fact and that, with the exception of the Utah action, transfer of the non-Pennsylvania actions to the Western District of Pennsylvania for coordinated or consolidated pretrial proceedings under Section 1407 with the actions pending there will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation.

Opponents argue that centralization of the actions should be denied because they involve no substantial common questions of fact. Opponents contend that each defendant is alleged to have acted or failed to act in different ways and at different times over a period of fifteen years, that none of the actions raises an allegation that any of the defendants were acting in concert, and that the proof of liability of each defendant will thus turn upon a unique set of circumstances. Any common questions that may be found to exist, opponents urge, are not sufficiently complex to justify transfer. Opponents further contend that because this litigation involves only two plaintiffs, with actions pending in only four districts, cooperation among involved parties, counsel and courts will avoid any duplicative discovery and is a preferable alternative to centralization.

Finally, opponents stress that the three defendants in the non-Pennsylvania actions were previously dismissed from two of the Pennsylvania actions for lack of in person-am jurisdiction. Opponents contend that movant is thus attempting to misuse Section 1407 by vesting jurisdiction over all defendants in the district court for the Western District of Pennsylvania where jurisdiction would otherwise not be available.

We find these arguments unpersuasive. The Indiana, Pennsylvania and Delaware actions arise from the same accident and factual questions concerning the cause or causes of the accident will be com[1231]*1231mon to each action. The presence of different legal theories in some of these actions with regard to the alleged liability of each defendant does not negate the existence of common questions of fact regarding the cause or causes of the crash and the attendant circumstances. See In re Air Crash Disaster in the Ionian Sea on September 8, 1974, 438 F.Supp. 932, 934 (Jud.Pan.Mult. Lit.1977). Because the factual questions in each of these actions focus on what caused the accident, it is likely that all defendants will be involved with discovery in each action either as parties or non-parties. Transfer under Section 1407 is thus necessary in order to avoid duplicative discovery, prevent inconsistent pretrial rulings and conserve judicial resources. While voluntary coordination of discovery efforts among parties and their counsel is always commendable, transfer of these actions to a single district under Section 1407 will ensure the streamlining of discovery and all other pretrial proceedings as well. See In re Gas Meter Antitrust Litigation, 464 F.Supp. 391, 393 (Jud.Pan.Mult.Lit.1979). The transferee judge, of course, has the authority to schedule any pretrial proceedings that are unique to particular parties, claims or actions to proceed concurrently with the common pretrial proceedings, thereby permitting the litigation to proceed expeditiously in all areas. See In re Multi-Piece Rim Products Liability Litigation, 464 F.Supp. 969, 974 (Jud.Pan.Mult.Lit.1979). Moreover, the transferee judge has power to provide that no party need participate in pretrial proceedings unrelated to that party’s interests. See, e. g., Parts I & II, §§ 2.31, Manual for Complex Litigation (rev. ed. 1977).

Opponents’ argument that plaintiffs’ motion for transfer under Section 1407 constitutes an abuse of the statute is without merit. In essence, opponents’ argument is that plaintiffs should not be able to secure from the Panel, under 28 U.S.C. § 1407

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Related

In Re Air Crash Disaster Near Upperville, Virginia
393 F. Supp. 1089 (Judicial Panel on Multidistrict Litigation, 1975)
In Re Air Crash Disaster in Ionian Sea
438 F. Supp. 932 (Judicial Panel on Multidistrict Litigation, 1977)
In Re Kauffman Mutual Fund Actions
337 F. Supp. 1337 (Judicial Panel on Multidistrict Litigation, 1972)
In Re Multi-Piece Rim Products Liability Litigation
464 F. Supp. 969 (Judicial Panel on Multidistrict Litigation, 1979)
In Re Gas Meter Antitrust Litigation
464 F. Supp. 391 (Judicial Panel on Multidistrict Litigation, 1979)

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