The Washington Supreme Court recently granted review of a decision from the Washington Court of Appeals, affirming a trial court's dismissal of state strict product liability and negligence claims against a company that assembled and tested an aircraft component. The action arose from a June 2008 private aircraft crash in Washington in which the pilot and two passengers perished. Suit was filed in Washington State Court against the engine and carburetor manufacturers alleging claims of defective design and manufacturing of the engine and carburetor. Plaintiff also filed state law tort claims against FTI, a company that provided assembling and testing services for the carburetor float. FTI filed for summary judgment arguing that plaintiff's state law claims are preempted by the Federal Aviation Regulations establishing federal standards of care. The trial court agreed and dismissed the Complaint, which alleged only state law causes of action.
On appeal, the Washington Court of Appeals narrowly phrased the issue as: "whether the FAA and regulations adopted by the Federal Aviation Administration pervasively regulate the area of aircraft fuel systems, thereby preempting any state standard of care for defects in the assembly and welding of the carburetor float as to claims against FTI, a non-certificated contractor." Plaintiff attempted to distinguish claims against FAA-certificated contractors, such as the engine and carburetor manufacturers, from claims asserted against a non-certificated assembly and testing company such as FTI. The Court of Appeals rejected the argument, stating that the status of the defendant as a non—FAA certified manufacturer was of no import given the pervasive federal regulation of the area of aircraft fuel systems. The Court of Appeals concluded that because of this pervasive federal regulation, plaintiff's state law claims against FTI were preempted. The Court of Appeals subsequently denied plaintiff's request for reconsideration, but the Washington Supreme Court granted review last month.
Estate of Virgil Victor Becker Jr. v. Forward Technology Industries, Inc., 192 Wn. App. 65, 365 P.3d 1273 (Wash. App. 2015), review granted, 185 Wn. 2d 1040 (August 3, 2016).
Washington State Supreme Court Grants Review Of Aviation Product Liability Preemption Decision
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