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Mason v. Schweizer Aircraft Corp.11/14/2002
such law permits a civil action described in subsection (a) to be brought after the applicable limitation period for such civil action established by subsection (a)." Id. ยง 2(d).
In asserting that the federal statute of repose does not apply here, Mason claims Schweizer is not a "manufacturer" within the meaning of GARA because it did not make the helicopter that crashed. Schweizer argues that because it has acquired the type certificate and has the right to manufacture model 269 helicopters, it has stepped into the shoes of the manufacturer and is, therefore, within the group Congress intended to protect.
"A fundamental canon of statutory construction is that, unless otherwise defined, words will be interpreted as taking their ordinary, contemporary, common meaning." Perrin v. United States, 444 U.S. 37, 42, 100 S. Ct. 311, 314, 62 L. Ed. 2d 199, 204 (1979); accord Iowa Comprehensive Petroleum Underground Storage Tank Fund Bd. v. Mobil Oil Corp., 606 N.W.2d 359, 363 (Iowa 2000). "Only when the terms of a statute are ambiguous do we engage in an analysis of legislative intent by applying rules of statutory construction." Garwick v. Iowa Dep't of Transp., 611 N.W.2d 286, 289 (Iowa 2000). In attempting to ascertain legislative intent, we look not only to the words used, "but also to the context within which they appear." Top of Iowa Coop. v. Sime Farms, Inc., 608 N.W.2d 454, 460 (Iowa 2000). "The legislative history of the statute is also helpful in determining Congress's purpose in enacting a particular provision. Once we have determined Congress's intent, we interpret the statute so as to give effect to the purpose underlying the legislation." Id.
GARA does not define the term "manufacturer." Black's Law Dictionary defines this word as an "entity engaged in producing or assembling new products." Black's Law Dictionary 977 (7th ed. 1999). In this case, it is undisputed that Schweizer did not make or produce the helicopter or the air filter housing at issue. Nonetheless, it is part of the general aviation industry and, more importantly, is engaged in producing current models of the aircraft at issue here. We think, in the context of this statute, that the scope of the word "manufacturer" is uncertain. Therefore, it is appropriate to consider the legislative history and the purpose underlying the statute in determining whether an entity that acquires the type certificate from the original manufacturer is also entitled to the protection of the statute of repose.
We agree with the appellate court in Burroughs v. Precision Airmotive Corp., 93 Cal. Rptr. 2d 124, 132 (Ct. App. 2000), that it would be contrary to Congress's purpose to deny the protection of GARA to a manufacturer who steps into the shoes of the original manufacturer by acquiring the type certificate. In Burroughs, the plaintiffs suffered injuries in the crash of a light aircraft, allegedly due to a malfunction in the engine's carburetor. 93 Cal. Rptr. 2d at 126. The defendant was an aircraft parts manufacturer who had not sold the particular model of carburetor involved in the accident but had acquired the product line from a predecessor who had purchased it from the original manufacturer. Id. The trial court granted summary judgment to the defendant, "finding that the federal statute barred [the plaintiffs'] claims against defendant in its capacity as successor to the original manufacturer." Id. This decision was affirmed on appeal:
Although [the defendant] did not actually manufacture the particular carburetor in this case, it is a manufacturer of general aviation aircraft parts, including carburetors, and it took over the manufacturer's responsibilities for the Marvel- Schebler product line. [T
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