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Davis v. Cessna Aircraft Corp.5/16/1991
The plaintiffs appeal from the dismissal of their strict liability claim against The Cessna Aircraft Corporation. The trial court certified the dismissal under Rule 54(b), A.R.Civ.P. We hold that the dismissal order was not a final judgment and therefore that we lack subject-matter jurisdiction to decide this appeal.
FACTS AND PROCEDURAL HISTORY
An airplane manufactured by Cessna crashed near Camp Verde, Arizona, on November 22, 1987. The plane was piloted by Marlin E. Davis, Jr.; his passengers were Herbert E. and Matthew A. Davis, his brothers, and Robert H. Hensley II. The four men died in the crash.
The parents of the deceased men filed two actions in Maricopa County Superior Court, No. CV 87-38359 (Cause No. 59) and No. CV 87-38360 (Cause No. 60). Cause No. 59, filed by Mr. and Mrs. Davis, contained a strict liability count against Cessna, Teledyne Industries, Inc. and Superstition Air Service, Inc. for alleged defects in the design, manufacture and labeling of the aircraft, and negligence counts against other defendants. Cause No. 60, filed by Mr. and Mrs. Davis and Mr. and Mrs. Hensley, also contained a strict liability count against Cessna, Teledyne and Superstition Air Service, and negligence counts against other defendants. In addition to the defendants in Cause No. 59, the Davises and Hensleys named the personal representative of the estate of Marlin Davis, Jr., as a defendant in Cause No. 60.
Cessna filed motions to dismiss both complaints, arguing that because it first sold the aircraft in 1972, the strict liability actions were barred by the twelve-year limitations period of A.R.S. § 12-551, Arizona's "statute of repose" for product liability cases. The plaintiffs responded that the plane's fuel delivery system did not adequately manage "vapor lock." They argued that Cessna had continually modified the fuel system into the early 1980s as an attempt to correct perceived design flaws. The modifications consisted of repair directives, inserts into the owner's manual and a placard on procedures for restarting a stalled engine. The plaintiffs contended that these revisions constituted a "new design" of the product and that the crash therefore occurred within the twelve-year period set forth in A.R.S. § 12-551. They alternatively argued that A.R.S. § 12-551 unconstitutionally denied individuals equal protection.
The plaintiffs also filed motions to amend their complaints. They sought to add a negligence count against Cessna and Teledyne "that arose out of the same conduct or occurrence set forth in the original complaint."
The trial court heard oral argument on Cessna's motion to dismiss and the plaintiffs' motion to amend the complaint in Cause No. 60. The court granted both motions. The trial court later heard oral arguments on Teledyne's motion to consolidate the two actions, in which motion Cessna joined, and on Cessna's motion to dismiss in Cause No. 59 It granted both of those motions.
Cessna submitted a form of judgment dismissing the plaintiffs' strict liability claim. While the plaintiffs objected to the inclusion of Rule 54(b), A.R.Civ.P., language in the judgment because they were proceeding against Cessna on other counts, an order with that certification was entered. The plaintiffs filed a timely notice of appeal.
LACK OF JURISDICTION
This court has the duty to review its jurisdiction and, if jurisdiction is lacking, to dismiss the appeal. E.g., Musa v. Adrian, 130 Ariz. 311, 312, 6
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