Walker v. Messerschmitt Bolkow Blohm GmBH

844 F.2d 237, 1988 U.S. App. LEXIS 6204, 1988 WL 35985
CourtCourt of Appeals for the Fifth Circuit
DecidedMay 10, 1988
DocketNos. 86-1472, 86-1689
StatusPublished
Cited by4 cases

This text of 844 F.2d 237 (Walker v. Messerschmitt Bolkow Blohm GmBH) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Messerschmitt Bolkow Blohm GmBH, 844 F.2d 237, 1988 U.S. App. LEXIS 6204, 1988 WL 35985 (5th Cir. 1988).

Opinion

W. EUGENE DAVIS, Circuit Judge:

This litigation arises out of the crash of a helicopter. The primary adversaries are the owner of the aircraft and its manufacturer. Following a jury verdict, the district court entered judgment in accordance with the verdict, apportioning twenty-five percent of the damages to the helicopter owner and seventy-five percent to the manufacturer. For reasons that follow, we conclude that the judgment against the owner cannot stand; we modify the judgment to require the aircraft manufacturer to pay one hundred percent of the aircraft owner’s hull loss and to exonerate the owner for the manufacturer’s contribution claim for settlement sums paid survivors of the crash victims.

I.

On April 2, 1982, a Messerschmitt helicopter model BO-105 crashed at McKinney Airport, Texas, killing its pilot, Bill Walker; co-pilot, Rick Fee; and passenger, Tom Brown. At the time of the accident, the helicopter, which was owned by North Central Texas Services (North Central), was on a training flight for Lone Star Helicopters (Lone Star) to familiarize the three Lone Star pilots with this newly retrofitted helicopter. North Central and Lone Star had a longstanding business relationship. North Central provided a helicopter ambulance service under the name CareFlight. Following the inauguration of the CareFlight system in 1979, Lone Star operated and maintained a Bell helicopter under a contract with North Central. Lone Star employees flew the specially equipped helicopter to locations designated by North Central and picked up injured or disabled individuals for emergency transport to a hospital.

Shortly before the accident, the Messer-schmitt helicopter involved in this case was purchased by North Central and retrofitted to serve as an Emergency Medical Service (EMS) vehicle. As part of the sale of the helicopter, Messerschmitt Bolkow Blohm Gmbh and MBB Helicopter Corporation (MBB) provided transition training for Lone Star pilots, including a “ground school” and in-flight training. Because of thunderstorms in the Dallas area on the morning of April 2, 1982, the MBB flight instructor cancelled the in-flight training planned for that day. Later in the day, however, the weather improved and Walker, Fee, and Brown, all employees of Lone Star, decided to conduct a training flight from Love Field to McKinney Airport, also located in Dallas. During flight maneuvers at McKinney, the helicopter was observed traveling south over one of the airport runways. Suddenly, according to witnesses, the helicopter began a sharp right bank, pitched downward, and crashed.

This suit was originally brought by the survivors of Walker, Fee, and Brown as a wrongful death action against MBB, as the manufacturer of the helicopter. Lone Star [239]*239and North Central intervened to recover for the total loss of the helicopter. MBB filed a third-party complaint against the estates of Walker and Fee, alleging that pilot negligence caused the crash. MBB also counterclaimed against Lone Star and North Central, seeking indemnity or contribution on grounds that pilot negligence or the negligence of the appellants caused the accident. Before trial, MBB settled with the wrongful death claimants for $3,000,-000; MBB amended its counterclaim to seek contribution from North Central for the amount paid in settlement. On their claim for loss of the helicopter, Lone Star and North Central contended primarily that MBB had defectively designed and manufactured the helicopter’s hydraulic flight control system. North Central and Lone Star specifically argued that the helicopter lost power and crashed because a defective hydraulic link in the helicopter prevented the helicopter’s secondary hydraulic system from activating after the primary system failed. MBB primarily argued at trial that the crash was caused by pilot error and that this negligence by Lone Star employees should be imputed to North Central based on its joint enterprise with Lone Star.

The jury made detailed findings of fact, including the following: (1) there was a manufacturing defect in the helicopter that was a producing cause of the accident; (2) MBB was negligent in designing and manufacturing the helicopter which negligence was a proximate cause of the accident; (3) Walker was negligent in the operation of the helicopter and that negligence was a proximate cause of the accident; (4) neither North Central nor Lone Star was negligent; (5) MBB was seventy-five percent at fault in the accident and Walker was twenty-five percent at fault; (6) North Central and Lone Star were engaged in a joint enterprise at the time of the accident; (7) the market value of the helicopter was $747,500. The district court entered judgment in favor of North Central and against MBB for $560,-625, representing seventy-five percent of their property damage claim and in favor of MBB and against North Central for approximately $750,000, representing twenty-five percent of MBB's settlement with the wrongful death claimants. The court awarded six percent prejudgment interest on all awards.

The parties raise numerous issues in this appeal. North Central argues that (1) the record evidence does not support the jury’s finding that it and Lone Star were engaged in a joint enterprise and therefore the district court had no basis for imputing the pilot’s negligence to North Central and (2) the district court erred in allowing it to recover only six percent prejudgment interest on its award against MBB.1 MBB cross-appeals, arguing that the jury’s findings that a defect in the hydraulic system of the aircraft and improper design of that system caused the crash were unsupported by the evidence. We consider first the arguments raised by North Central.

II.

The district court imputed the negligence of the pilot Walker to North Central on the basis of the jury’s finding that North Central and Lone Star were engaged in a joint enterprise in the operation of the BO-105 helicopter. Accordingly, the court reduced North Central’s property damage recovery against MBB by twenty-five percent and also entered judgment against North Central for twenty-five percent of the sum that MBB paid in settlement of the wrongful death claims. North Central contends that as a matter of law Lone Star was its independent contractor and the court should not have submitted the joint enterprise issue to the jury. Alternatively, North Central argues that the court should have instructed the jury to determine whether Lone Star was its independent contractor on the premise that such a finding precluded any joint enterprise between North Central and Lone Star. MBB argues, on the [240]*240other hand, that the joint enterprise instruction was correct, and when the jury found a joint enterprise between Lone Star and North Central, it necessarily concluded that Lone Star was not North Central’s independent contractor.

The argument of the parties requires us to examine the nature of the doctrine of joint enterprise and whether the record in this case supports the jury’s finding of a joint enterprise.

Before 1974, the typical Texas joint enterprise case arose out of an automobile accident in which the court found that the driver of an automobile and his passenger were on a joint enterprise. Several of these early cases affirmed a finding of joint enterprise in conveyance cases even where the trip was for pleasure so long as it was for a common purpose and the passenger had some control over the driver. See, e.g., Bonney v. San Antonio Transit Co., 160 Tex.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
844 F.2d 237, 1988 U.S. App. LEXIS 6204, 1988 WL 35985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-messerschmitt-bolkow-blohm-gmbh-ca5-1988.