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Arnold v. McDonnell Douglas Corp.5/18/1999
Ralph C. Arnhold ("landowner") appeals from the trial court's grant of summary judgment to McDonnell Douglas Corporation ("contractor") in an action for property damage to his property allegedly caused by contractor's conducting of supersonic aircraft test flights. The trial court found contractor was immune from liability by virtue of the government contractor defense. Landowner, however, argues: 1) the government contractor defense is inapplicable to the performance aspect of contractor's contract; and 2) contractor's motion for summary judgment did not present evidence sufficient to show material facts that were free from genuine dispute supporting the elements of the defense. We affirm.
I. Factual Background
Landowner owns property in Gasconade County near Hermann which he uses for both business and residential purposes. In January 1997, he filed suit against contractor claiming that sonic booms from military aircraft owned by or under the control of contractor caused severe damage to the structure of his building. Landowner alleged contractor's employees were negligent in operating aircraft at supersonic speeds and at unreasonably low altitudes in the vicinity of his property. He sought damages and injunctive relief.
Contractor moved for summary judgment asserting that under the government contractor defense, its contract with the United States Government for the production of military aircraft entitled it to an extension of governmental immunity from state law claims. Contractor filed several affidavits in support of its motion for summary judgment. Landowner did not file affidavits in opposition to contractor's motion. The trial court granted contractor's motion for summary judgment on all counts. Landowner now appeals.
II. Applicability of the Government Contractor Defense
Contractor's motion for summary judgment asserted it was entitled to immunity for the actions alleged in landowner's petition under the government contractor defense. In Boyle v. United Technologies Corp., 487 U.S. 500, 504-07 (1988), the United States Supreme Court held the government contractor defense was applicable to product liability claims asserted against manufacturers of military equipment.
Landowner does not dispute that contractor is a party to a military procurement contract who would be protected from product liability claims arising thereunder. Landowner, however, contends the defense does not apply to this claim for property damage based on contractor's negligence in operating the aircraft.
The Court in Boyle held that where (1) a "uniquely federal" interest is involved and (2) a significant conflict exists between an identifiable federal policy or interest and the operation of state law, then state law is preempted and replaced by federal law prescribed by the courts, "federal common law."
The Boyle opinion, in recognizing the government contractor defense, relied heavily on Yearsley v. W. A. Ross Construction Co., 309 U.S. 18 (1940). Boyle, 487 U.S. at 506.
In Yearsley, riparian landowners sued a construction company for property damages the company caused while constructing dikes pursuant to a contract with the United States government. The construction project was authorized by an act of Congress and supervised by federal officials. Yearsley, 309 U.S. at 20. The Court held the contractor could not be held liable for damages under state law, explaining that "if authority to carry out the project was validly conferred, that is, if what was done was within the constitutional power of Congress, there is no liability on the part of the contractor for executing its will." Id. at 20-21. The Boyle
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