Justia Aviation Opinion Summaries

Several individuals died in a 2015 small aircraft accident in Georgia, including the pilot and three passengers. The plaintiffs, representing the victims and their estates, brought claims in 2017 against Avco Corporation and its division, Lycoming Engines, which manufactured the aircraft’s engine, as well as against companies that performed maintenance on the engine. The claims included strict liability, negligence, fraud, breach of warranties, and other theories. Over time, all defendants except Avco were voluntarily dismissed from the suit.The Superior Court in Buncombe County was assigned the case as exceptional. In 2022, the court granted Avco summary judgment on all claims except negligent failure to warn, finding a genuine issue of material fact as to whether Avco had misrepresented or withheld information from the Federal Aviation Administration, which could trigger an exception to the statute of repose under the General Aviation Revitalization Act of 1994 (GARA). Avco moved for reconsideration, which the trial court denied in 2024, reaffirming that the question of whether Avco knowingly concealed required information should go to the jury.Avco appealed this interlocutory order to the North Carolina Court of Appeals. The Court of Appeals dismissed the appeal, presumably for lack of appellate jurisdiction over an interlocutory order. Avco then sought review in the Supreme Court of North Carolina.The Supreme Court of North Carolina held that the Court of Appeals erred in dismissing the appeal. The Supreme Court clarified that an interlocutory order denying a statute of repose defense, such as GARA, affects a substantial right because it grants immunity from suit—not merely from liability—and thus is immediately appealable. The Court overruled contrary Court of Appeals precedent and reversed and remanded for the Court of Appeals to address the merits of Avco’s claim to statutory immunity. View "Byrd v. Avco Corp" on Justia Law