Novick v. Textron, Inc.

375 So. 2d 730, 1979 La. App. LEXIS 3011
CourtLouisiana Court of Appeal
DecidedSeptember 11, 1979
DocketNo. 9892
StatusPublished
Cited by3 cases

This text of 375 So. 2d 730 (Novick v. Textron, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Novick v. Textron, Inc., 375 So. 2d 730, 1979 La. App. LEXIS 3011 (La. Ct. App. 1979).

Opinion

SAMUEL, Judge.

Plaintiff filed this suit against various defendants seeking damages for personal injuries sustained by him when a Bell helicopter owned by his employer crashed. The present appellant answered, denying liability and pleading contributory negligence.

After a trial on the merits, judgment was rendered in favor of plaintiff and against only one of the original defendants, Bell Helicopter Company, in the amount of $147,500. Bell has appealed from that judgment. The issues presented on appeal are liability, including contributory negligence, and alternatively, quantum.

On November 7, 1973, while working for Chem-Air, an agricultural spraying organization, plaintiff flew a Model 47G-5A Bell helicopter to Callender Field in Belle Chasse. On arrival at Callender he began spraying grassy areas of the airfield. The [731]*731helicopter had been performing properly prior to November 8,1973 but on that date, while plaintiff was hovering 5 to 10 feet above the ground and moving slowly down the runway, it began to spin. The centrifugal force of the spinning caused plaintiff to lose control, the helicopter went straight up into the air while spinning and, although plaintiff manipulated the controls in an effort to bring it safely back to a landing, it crashed to the ground and bounced before coming to a stop. Plaintiff was pinned in the wreckage, which began to burn, and was unable to extricate himself. In the meantime, his superior, Max Edwards, was screaming at him to get out of the helicopter because of the fire. Plaintiff eventually managed to free himself, crawled out of the wreckage and was able to get a short distance away. A fire crash truck arrived, and a fireman jumped off the truck and covered plaintiff’s body with his own because of an expected explosion. Plaintiff apparently fainted and woke up ten hours later in a motel room.

Plaintiff blames the crash on the failure of the helicopter’s tail rotor system. As explained in the record, a helicopter possesses a propeller on its tail, known as a tail rotor blade, the function of which is to keep the aircraft from spinning in the direction opposite from the torque created by its main engine. The helicopter in suit had been certified originally on April 20, 1972 and again on August 13, 1973 as airworthy by the FAA. At the time of the crash it had 537.6 hours of engine time, which did not require or justify the 600 hour inspection recommended by defendant’s maintenance manual.

The voluminous record is replete with contradicting statements by the parties involved, and this is especially true of the testimony of the expert witnesses presented by them. In addition, the testimony and briefs are replete with contradictions and accusations, plaintiff attempting to discredit appellant’s experts because they were its employees, and defendant attempting to discredit plaintiff because of alleged defects in his character and personality. We confine ourselves to a determination of the central issues presented on liability. Those issues are whether the crash of the helicopter was caused by a failure of the tail rotor system and, if so, whether the trial court was justified in concluding that failure was caused by a defect in the manufacturing process.

The record reveals Chem-Air had purchased the helicopter in suit on August 6, 1973. At the time of purchase it had logged only 237 hours on its engine and airframe. The craft was rigged with a spraying apparatus by Campbell Air Service and was given a certificate of airworthiness by the FAA on August 13, 1973. Plaintiff is not a licensed aviation mechanic, although he is regarded as a highly experienced helicopter pilot. He enlisted in the Marine Corps on November 1, 1945. After his discharge he was reinducted in January of 1953 and assigned to the Army Aviation School at Fort Sill, Oklahoma. His formal training in helicopter flying began at that time, together with training in helicopter maintenance. This training included “fuel maintenance procedures” which were rather extensive in nature. Plaintiff then was assigned to a helicopter company at Fort Raleigh, Kansas as a crew chief, in which function he maintained army helicopters. He worked on Sikorsky H-19’s, Bell H-13’s, and other types. In 1954 he was transferred to Fort Eustace, and was sent to the aircraft maintenance officers school for the purpose of becoming a maintenance officer to supervise mechanics working on aircrafts and helicopters.

In 1957 plaintiff returned to commercial aviation, flying helicopters for Petroleum Helicopters in the oil industry. He flew Bell Model 47’s, which he also later flew while spraying banana trees in Central America. In 1960 he returned to the United States and worked for Rotor Aids at Grand Isle, Louisiana, transporting personnel to oil rigs in the Gulf of Mexico. In January, 1964, he was recalled to active military service, flying helicopters in Vietnam. He was shot down four times, and received two Purple Hearts. On three of these four occasions he was able to repair [732]*732the helicopter himself and fly it from its crash site.

Upon discharge in January, 1967, plaintiff returned to his former employer, Rotor Aids. He flew Bell Model 47’s, Sikorsky S-55’s, Sikorsky S-62’s, and French built Allouette helicopters, in which he transported men and equipment to offshore platforms. In 1972 he left Rotor Aids to work for Chem-Weed. This company dissolved, but two partners engaged him to work for their new company, Chem-Air, flying Bell Model 47G-5A helicopters to spray chemicals.

While employed with Chem-Air, plaintiff was rated as a commercial pilot for single engine airplanes and helicopters. As stated above, he was not a licensed mechanic, but he was required, in the course of his duties, to perform inspections, maintenance, and some repair work which included changing the oil when scheduled, removing oil filter screens, inspecting, replacing and lubricating bearings, and otherwise handling oil changes on a day-by-day basis in accordance with manufacturers’ manuals. He testified this type work was in line with his former military duties and schooling as a maintenance supervisor.

Thus, there is sufficient evidence in the record for the trial judge to conclude that plaintiff was a well experienced helicopter pilot and possessed substantial schooling and experience as a helicopter mechanic.

The events leading to the crash are related in the record as follows: At Magnolia, Arkansas, plaintiff began to hear a sound or pitch of tone not common to a Bell Model 47G-5A helicopter. He related this to his superior, Edwards, and to S. B. Brown, a helper and truck driver for Chem-Air. Plaintiff did a visual inspection of the helicopter but could find nothing wrong. He instructed Brown to lubricate the helicopter, and he later flew Edwards to Vivian, Louisiana, where Campbell Air Service is located. The owner, Buster Campbell, was told about the suspected trouble and was requested to check it out. Campbell performed a complete exterior visual examination, but could only hear or feel a possible “high frequency” vibration which resulted from excessive lubrication in a grease boat along the tail rotor shaft. Campbell squeezed the excess out of the grease boat, and eliminated the high frequency vibration. Plaintiff insists Campbell stated he could not hear the unusual noise of which plaintiff complained. Campbell stated the helicopter was in satisfactory condition and suitable to go on the job scheduled in Belle Chasse. It should be noted Campbell Air Service is a Bell helicopter authorized repair station.

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Bluebook (online)
375 So. 2d 730, 1979 La. App. LEXIS 3011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/novick-v-textron-inc-lactapp-1979.