Bochetto v. Piper Aircraft Co.
94 A.3d 1044
| Pa. Super. Ct. | 2014Background
- Crash of Model PA 34-2023 Seneca V in Portugal on September 15, 2009; three occupants died (instructor and two student pilots).
- Aircraft manufactured by Piper Aircraft Co. in Florida (1998); ownership transferred through Belgium to Portugal as of 2009; maintained by AAE and CAE Global Academy in Portugal.
- Portuguese crash investigation conducted by GPIAA; involved expert participation from Piper, Continental Motors, and other U.S. entities.
- Estate of three decedents appointed Pennsylvania attorney Robert C. Daniels as administrator; after Daniels’ death, George Bochetto became administrator of the Estates.
- Plaintiffs filed wrongful death and survival action in Philadelphia County Court of Common Pleas on September 2, 2011 against fourteen U.S. corporations (no claims against AAE or CAE).
- Case removed to the U.S. District Court for the Eastern District of Pennsylvania; remanded back to state court for lack of diversity removal (January 6, 2012).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in deferring to forum choice by lowering deference to Appellants’ forum choice | Bochetto asserts greater weight should be given to Appellants’ forum choice as plaintiff’s choice. | Piper/American Capital/Dimeling contend private/public factors favor Portugal; burden properly shifts with weighty reasons. | Trial court abused discretion; reversed for complete Gilbert-factor analysis. |
| Whether the trial court misapplied Gilbert factors by focusing on Pennsylvania rather than United States connections | Appellants argue United States-wide contacts (witnesses, documents, prior owners, FAA/NTSB personnel) weigh in favor the U.S., not Pennsylvania alone. | Court should assess Pennsylvania-specific connections and Portugal forum due to location of witnesses and maintenance. | Court erred by not evaluating United States connections; remanded for full analysis of all Gilbert factors. |
Key Cases Cited
- Aerospace Finance Leasing, Inc. v. New Hampshire Ins. Co., 696 A.2d 810 (Pa. Super. Ct. 1997) (international forum non conveniens guiding standard; consider United States connections alongside forum-specific factors)
- Plum v. Tampax, Inc., 160 A.2d 549 (Pa. 1960) (weighty reasons require alternative forum availability and plaintiff’s forum choice protection)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (1947) (Gilbert factors govern private/public interests in forum non conveniens)
- Petty v. Suburban General Hospital, 525 A.2d 1230 (Pa. Super. Ct. 1987) (Gilbert factors applicable to private interests in forum selection)
- Reyno v. Piper Aircraft Co., 630 F.2d 149 (3d Cir. 1980) (federal guidance on international forum non conveniens and United States connections)