The Ninth Circuit has upheld the dismissal of a lawsuit over the 2022 crash of a Huntington Beach Police Department helicopter, ruling that Boeing is protected by the General Aviation Revitalization Act’s 18-year statute of repose. The panel rejected the argument that the aircraft’s government use or public-aircraft status placed the case outside the law’s scope.
The decision, issued on 9 September, leaves in place a district court ruling that threw out the product-liability claims as time-barred. The helicopter involved was an MD520N manufactured by Boeing, which held the type certificate later sold to MD Helicopters. The crash occurred off the coast near Newport Beach and killed tactical flight officer Nicholas Vella, while officer RJ Garwood was seriously injured.
In a published opinion, the court held that GARA’s definition of “general aviation aircraft” does not carve out government-owned aircraft. That reading extends the statute’s liability shield to older aircraft used by public agencies, a point likely to matter in future claims involving police, municipal or other government-operated helicopters.