Tillman v. Raytheon Co.
430 S.W.3d 698
Ark.2013Background
- Appellant Davis Tillman, as special administrator of the estates of Rodney Nickle Tillman and Rebecca Ann Tillman, sued Beech defendants after a fatal Beech Baron crash in 2008.
- The Beech Baron crash occurred when a Beech Baron’s left engine lost power, causing a flat spin and a crash in Tennessee, killing three aboard.
- Plaintiffs alleged negligence and products liability, including design defects and misrepresentation/withholding of information from the FAA about flat-spin characteristics.
- The Beech defendants moved for summary judgment arguing GARA’s 18-year repose barred the suit; plaintiff contended exceptions or rolling could toll the statute.
- The circuit court granted summary judgment, holding GARA barred and that the fraud exception and new-part rolling provision did not apply; improper defendants were dismissed.
- Appellant appeals the summary judgment, arguing (i) fraud exception applies, (ii) rolling provision applies via a defective flight manual, and (iii) GARA unconstitutional; circuit court did not rule on the constitutional issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the fraud exception toll GARA's repose? | Tillman: fraud exception applies for knowingly withholding material FAA information. | Beech: no knowing misrepresentation/causation proven; no tolling facts. | No genuine issue; fraud exception not established. |
| Does the new-part rolling provision restart the repose period? | POH revisions/Safety Communiques show a substantive change triggering rolling. | No substantive change; omission does not trigger rolling. | No rolling triggered; repose not restarted. |
| Is GARA unconstitutional under due process or equal protection? | GARA arbitrarily deprives compensation rights. | GARA upheld as rational; constitutionality sustained. | Court does not reach constitutional issue; not ruled below. |
| Should the judgment named correct defendants and rely on GARA as a bar? | Raytheon/HBC/Beech misnamed; GARA applies to Beech defects. | Appellees properly named; other entities not liable. | GARA applied; Beech defendants correctly positioned; other claims dismissed. |
Key Cases Cited
- Lyon v. Agusta S.P.A., 252 F.3d 1078 (9th Cir. 2001) (GARA is a classic statute of repose starting at first transfer)
- Wright v. Bond-Air, Ltd., 930 F. Supp. 300 (E.D. Mich. 1996) (GARA supersedes state law absent exceptions)
- Caldwell v. Enstrom Helicopter Corp., 230 F.3d 1155 (9th Cir. 2000) (rolling provision triggered by substantive change to manual)
- Crouch v. Honeywell International, Inc., 720 F.3d 333 (6th Cir. 2013) (failure-to-warn claims must show timely, specific facts under GARA)