 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Arnold v. McDonnell Douglas Corp.5/18/1999
d States government under which it was directed to perform acceptance test flights of F-15 and F-18 aircraft and to prepare flight plans for the conduct of these flights. The contract required contractor to prepare and provide to the government detailed acceptance test procedures ("ATP"). Contractor presented affidavits of its employees stating the ATP are reviewed and approved by the government. The contract also instructed that contractor's flight test activities are governed by the Manual, the Report, and the Directive.
The Manual provided for a Government Flight Representative ("GFR") who had responsibility for approval of flights, procedures, and crew, and for ensuring contractor's compliance with the Manual. The Manual required contractor to obtain GFR approval for all flights; including crew members and flight area, route, or course.
Contractor also produced a Letter of Agreement between it and Federal Aviation Administration representatives at Kansas City's and St. Louis's air traffic control centers ("Letter"). The Letter outlined the procedures contractor must use when operating flights on random routes. Under the Letter, contractor was required, prior to departure, to file flight plans with the appropriate air traffic controller.
The ATP, the Directive, and the Report all provide detailed procedures for contractor's test flights from preflight checks through shutdown. Under these provisions, all supersonic flights of F-15 and F-18 aircraft were to be flown to approximately Mach 2.0 and an indicated air speed of 700 knots at an altitude greater than 30,000 feet. The ATP delineated specific tasks which contractor's pilots must accomplish.
We find contractor presented sufficient evidence of precise specifications and government approval thereof.
2. Contractor's Conformance to Procedures
To demonstrate the second Boyle condition, contractor must show the procedures it actually employed conformed to those specifications. A contractor may show conformity through evidence that the government was present and actively involved throughout the process. Gray, 125 F.3d at 1378. Where the procurement process involves a continuous exchange between the contractor and the government, the process becomes persuasive evidence of the contractor's conformity to precise specifications. Id.
Contractor produced evidence of the United States' involvement in every stage of flight test planning. The contract required governmental review and approval of the ATP. The Manual established the GFR to personally supervise contractor and ensure compliance with the contract and ATP. The Letter demonstrated supervision by the FAA with regard to submission and approval of flight plans.
In addition to this evidence of government involvement in the test flight process, contractor presented affidavits of several of its employees providing that all test flights were flown in strict compliance with the procedures set out in the ATP and the Manual.
We conclude contractor presented sufficient evidence of its compliance with precise government specifications.
3. Government's Knowledge of Adverse Consequences
Boyle's third prong of the government contractor defense requires that contractor warn the United States about the dangers in the flight procedures that were known to contractor but not to the United States. Gray, 125 F.3d at 1379.
Contractor presented U.S. Air Force Fact Sheet 96-03 regarding sonic booms. The Fact Sheet described sonic booms, their origin, their characteristics, and the common effects of their impact. It also outlined the government's knowledge of sonic booms, and spe
Page 1 2 3 4 5 6 Missouri Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|