Jones v. Hawker Beechcraft Corp.

994 F. Supp. 2d 1309, 2014 WL 260640, 2014 U.S. Dist. LEXIS 8683
CourtDistrict Court, N.D. Georgia
DecidedJanuary 22, 2014
DocketCivil Action No. 3:11-cv-79-TCB
StatusPublished

This text of 994 F. Supp. 2d 1309 (Jones v. Hawker Beechcraft Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jones v. Hawker Beechcraft Corp., 994 F. Supp. 2d 1309, 2014 WL 260640, 2014 U.S. Dist. LEXIS 8683 (N.D. Ga. 2014).

Opinion

ORDER

TIMOTHY C. BATTEN, SR., District Judge.

Before the Court is Defendant Hawker Beechcraft Corporation’s motion for summary judgment [43].

I. Background

On May 15, 2009, Sanford Jones piloted a Hawker Beechcraft Bonanza plane from Newnan, Georgia, to Destín, Florida; on the return flight to Newnan, the plane ran out of fuel and crashed during an emergency landing near Auburn, Alabama. Plaintiffs Sarah Conklin and Joshua Rumohr were passengers on the plane and were injured in the crash. Plaintiff Donald Fisk represents the estate of Alexander Medina, who was sitting in the copilot’s seat and was killed in the crash. Plaintiff Clifford Jones represents the estate of his father, Sanford Jones, who died as a result of the crash.

Thirty minutes before the crash, Conklin took a photograph of the plane’s control panel. In the picture, the fuel gauge for the left main tank indicates that the tank is five-eighths full, and the right gauge indicates that the right main tank is one-quarter full. The plane also had tip tanks, each of which contained approximately ten gallons of fuel. Shortly after Conklin took the photograph, Jones reported that he was having engine problems, and the engines then quit. The plane subsequently crashed when Jones attempted an emergency landing.

On May 13, 2011, Plaintiffs filed this products-liability action against Hawker Beechcraft, seeking to recover damages [1311]*1311for wrongful death and personal injury based on theories of strict liability and negligence. Plaintiffs contend that the left main fuel bladder was attached to the interior of the wing with diamond-shaped snaps and that some of those snaps had become unfastened, causing the left fuel bladder to droop. Plaintiffs aver that the drooping fuel bladder interfered with the fuel-level transmitters in the left wing, and as a result the left fuel gauge in the cockpit showed more fuel than the tank actually contained.

After the plane’s annual inspection on April 2, 2009, John Hickman, who performed all maintenance on the plane in the year preceding the accident, certified that the plane was airworthy as of that date. In making his inspection, Hickman used his own checklist instead of the Hawker Beecheraft checklist for the Bonanza aircraft. During his inspection, Hickman inspected the seal of the fuel cap and looked at the top of the wing to see if fuel was venting around the cap. Hickman also used a flashlight and mirror to inspect the tank and ensure that it was not wrinkled or collapsed; he was not aware of any problems with the fuel bladders. Finally, even though this was not on his checklist, Hickman checked the fuel level in the tanks with the cockpit fuel gauges to see if the gauges were “about right.” According to Hickman, the indicators “aren’t perfect,” and “the only time they have to be correct is when the tank is empty.” By signing the annual inspection, Hickman certified that to the best of his knowledge, everything was operating properly.

Although Jones was piloting the plane the day of the crash, Robert Haver was the plane’s principal pilot. Before the plane was purchased by Louis Levenson in 2008, Haver reviewed its maintenance records. He did not see any problems with the fuel gauge noted in the records, and he never had any problems with the fuel gauges. During his preflight inspections, Haver would remove the fuel caps and check to see if the main fuel tanks still appeared full, i.e., that fuel had not been stolen or leaked out.

On September 9, 2013, Hawker Beech-craft filed motions for summary judgment [43] and to exclude Plaintiffs’ experts, Lee Coffman and Mark Hood [44], On December 16, the Court issued an order granting Hawker Beecheraft’s motion to exclude Coffman’s and Hood’s testimony. Plaintiffs’ remaining expert is Lyle Schaefer, a qualified engineering test phot who offers normal-piloting expert opinions, but Plaintiffs do not cite his testimony in their brief in opposition to Hawker Beecheraft’s motion for summary judgment. Hawker Beech-craft’s expert is Dale E. Alexander, Ph.D., P.E., who opines that the snaps were engaged when the plane left Hawker Beech-craft’s manufacturing facility.

The Court now addresses Hawker Beecheraft’s motion for summary judgment.

II. Legal Standard

Summary judgment is appropriate when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R.CivP. 56(a). There is a “genuine” dispute as to a material fact if “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” FindWhat Investor Grp. v. FindWhat.com, 658 F.3d 1282, 1307 (11th Cir.2011) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)). In making this determination, however, “a court may not weigh conflicting evidence or make credibility determinations of its own.” Id. Instead, the court must “view all of the evidence in the light most favorable to the nonmoving party and [1312]*1312draw all reasonable inferences in that party’s favor.” Id.

“The moving party bears the initial burden of demonstrating the absence of a genuine dispute of material fact.” Id. (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)). If the nonmoving party would have the burden of proof at trial, there are two ways for the moving party to satisfy this initial burden. United States v. Four Parcels of Real Prop., 941 F.2d 1428, 1437-38 (11th Cir.1991). The first is to produce “affirmative evidence demonstrating that the nonmoving party will be unable to prove its case at trial.” Id. at 1438 (citing Celotex, 477 U.S. at 324, 106 S.Ct. 2548). The second is to show that “there is an absence of evidence to support the non-moving party’s case.” Id. (quoting Celotex, 477 U.S. at 323, 106 S.Ct. 2548).

If the moving party satisfies its burden by either method, the burden shifts to the nonmoving party to show that a genuine issue remains for trial. Id. At this point, the nonmoving party must “ ‘go beyond the pleadings,’ and by its own affidavits, or by ‘depositions, answers to interrogatories, and admissions on file,’ designate specific facts showing that there is a genuine issue for trial.” Jeffery v. Sarasota White Sox, Inc., 64 F.3d 590, 593-94 (11th Cir.1995) (quoting Celotex, 477 U.S. at 324, 106 S.Ct. 2548).

III. Analysis

As stated above, Plaintiffs assert products-liability claims sounding in strict liability and negligence, and the parties agree that Alabama state law governs the claims. However, “strict liability” is not the appropriate label. Under Alabama law, a plaintiff injured by a defective product may recover under one of three legal theories: (1) breach of implied warranty of merchantability; (2) common-law negligence; and (3) liability under the Alabama extended manufacturer’s liability doctrine (“AEMLD”). Ford Motor Co. v. Burdeshaw, 661 So.2d 236, 237 (Ala.1995). Plaintiffs’ claims are based on the latter two theories.

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Bluebook (online)
994 F. Supp. 2d 1309, 2014 WL 260640, 2014 U.S. Dist. LEXIS 8683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-hawker-beechcraft-corp-gand-2014.