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Mason v. Schweizer Aircraft Corp.11/14/2002
e, however, that Schweizer was aware of previous problems with the air filter housing and that Hughes Tool had made design changes. On the other hand, Schweizer had no knowledge that the helicopter involved in this case did not have the modified housing.
The record reveals the City's director of maintenance had inspected the air filter housing and other parts of the helicopter in question on August 16, 1996, three days before the crash. He was aware at the time of his inspection that a cracked housing presents a safety issue and that a helicopter with a cracked air filter housing would not be airworthy. The director did not identify any cracks in the housing at the time of his inspection.
On May 5, 1998, Mason filed suit against Schweizer, alleging claims based on strict liability, implied warranties of merchantability and fitness for a particular purpose, and negligence. Schweizer raised the GARA statute of repose as an affirmative defense. This statute imposes a cutoff on all civil actions against a manufacturer for death, injury or property damage caused by general aviation aircraft and their component parts eighteen years from the date of initial delivery of the aircraft. See 49 U.S.C. § 40101 note, §§ 2(a), 3(4).
After discovery, Schweizer filed a motion for summary judgment, asserting that the plaintiff's claims were barred by the statute of repose as a matter of law. It argued it was being sued in its capacity as a manufacturer of the helicopter and its components and, since the helicopter had been delivered to the initial purchaser more than eighteen years ago, suit was barred.
Mason resisted Schweizer's motion, asserting his claim against Schweizer was not based upon a products liability theory, or on any relationship between Schweizer and the actual manufacturer. Rather, contended Mason, his suit was based on Restatement (Second) of Torts section 324A, liability to a third person for negligent performance of an undertaking, based on Schweizer's provision of maintenance materials to the City of Cedar Rapids that omitted "information regarding the existence, nature, and extent of the risk caused by plastic cracks in the air filter housing." Mason argued that Schweizer was not a "manufacturer" of the helicopter within the meaning of GARA, nor was Schweizer being sued "in its capacity as a manufacturer" as required by the statute of repose.
The district court held that Schweizer, by virtue of its purchase of the type certificate, was the successor in interest of the original manufacturer and entitled to the protection of the statute of repose as a manufacturer. It also concluded that the actions Mason alleged Schweizer failed to take were based upon Schweizer's status as a manufacturer. The court ruled, therefore, that suit was barred.
Mason has now appealed. He claims the district court erred in concluding that the GARA statute of repose applied here. First, Mason contends Schweizer is not the "manufacturer" of the helicopter within the meaning of the statute. Second, he argues that even if Schweizer is the manufacturer, his theory of recovery is not based upon Schweizer's status as the manufacturer, but rather upon Schweizer's negligence in the performance of an independent undertaking pursuant to Restatement section 324A. Finally, he asserts that GARA does not bar his suit against Schweizer because Schweizer's negligent acts and omissions occurred within the past eighteen years, thereby falling within the "rolling provision" of the statute of repose. See 49 U.S.C. § 40101 note, § 2(a)(2).
II. Scope of Review.
We review a district court's summary judgment ruling for correction of errors of law. See Cato
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