04-20-10 JANET FLETCHER V. CESSNA AIRCRAFT COMPANY
A-4596-08T2 4-20-10
The General Aviation Revitalization Act of 1994, 49
U.S.C.A. § 40101 note (GARA) is "a statute of repose that
generally bars suits against airplane manufacturers brought more
than eighteen years after the delivery date to an initial
purchaser of the aircraft." Robinson v. Hartzell Propeller,
Inc., 454 F.3d 163 (3d Cir. 2006). It does not apply unless the
action against the manufacturer is one "in its capacity as a
manufacturer." GARA Section 2(a).
The question raised on this appeal is whether an action for
damages based on Cessna's failure to warn of a potential
dangerous condition or to advise about measures available to
avoid the condition or its catastrophic results is one against
Cessna "in its capacity as a manufacturer." We conclude that it
is and reverse the denial of Cessna's motion for summary
judgment on these claims.
