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Sheesley v. Cessna Aircraft Co.

Sheesley v. Cessna Aircraft Co.

United States District Court for the District of South Dakota, Southern Division

April 20, 2006, Decided ; April 20, 2006, Filed

CIV. 02-4185-KES, CIV. 03-5011-KES, CIV. 03-5063-KES

Opinion

MEMORANDUM OPINION AND ORDER

TABLE OF CONTENTS

I. Introduction

II. Facts

III. Summary Judgment Standard of Review

IV. GARA

A. Cessna

1. GARA Trigger Date

2. Knowing Misrepresentation, Concealment, or Withholding Exception

B. Teledyne

 [*4]  1. Rolling Provision

2. Knowing Misrepresentation, Concealment, or Withholding Exception

V. Textron's Liability for Torts of Its Subsidiary

VI. FlightSafety's Motion to Dismiss for Lack of Personal Jurisdiction

VII. FlightSafety's Negligence

A. Educational Malpractice

B. Federal Preemption

1. Field Preemption

2. Conflict Preemption

VIII. Wrongful Death Remedies

A. Survival Claim

B. Punitive Damages

C. Shane Sheesley's Stock Price

IX. FlightSafety's Breach of Contract

A. Robert Bielstein

B. Shane Sheesley and Thomas Vermeulen

X. Plaintiffs' Motions in Limine

A. Under the Influence of Diphenhydramine

1. Reliability

2. Relevance and Rule 403 Balancing Test

B. Chronic Sinusitis and Self-Medication

C. Ethanol in Bielstein's Tissue

D. NTSB Accident Report and NTSB Factual Report

1. NTSB Accident Report

2. NTSB Factual Report

a. Toxicology Report

b. Teledyne Motor Engine Tear Down

c. Honeywell's Turbocharger Tear Down  [*5]   Analysis

d. NTSB Metallurgy Report of Left Wastegate Elbow

e. Witness Statements

XI. Motion to Strike Defendants' Designation of Plaintiffs' Experts

I. Introduction

This case involves an airplane crash that occurred on August 23, 2000. Shane Sheesley, Thomas Vermeulen, and Robert Bielstein were all killed in the crash. The decedents' estates (collectively referred to as plaintiffs) filed three separate lawsuits in the United States District Court for the District of South Dakota. In these suits, plaintiffs asserted claims against: The Cessna Aircraft Company and Textron, Inc. (collectively referred to as Cessna); RAM Aircraft Corporation (RAM Corp); Teledyne, Inc., TDY Holding, LLC, Teledyne Industries, Inc., TDY Industries Incorporated, Teledyne Technologies Incorporated, Allegheny Teledyne, Inc., Allegheny Technologies Incorporated, Teledyne Continental Motors, and Teledyne Continental Motors, Inc. (collectively referred to as Teledyne); and FlightSafety International, Inc. (FlightSafety). Additionally, Cessna, Teledyne, and FlightSafety have filed cross-claims against RAM Corp, and third-party claims against Capital City Air [*6]  Carriers, Inc. (Capital City).

The court has consolidated the three federal cases, and this order rules on the following pending motions:

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2006 U.S. Dist. LEXIS 27133 *; 2006 DSD 6; CCH Prod. Liab. Rep. P17,432

STACIE A. SHEESLEY, as personal representative of Shane D. Sheesley, deceased; and DEEANN VERMEULEN, as personal representative of Thomas J. Vermeulen, deceased, Plaintiffs v. THE CESSNA AIRCRAFT COMPANY; TEXTRON, INC.; TELEDYNE, INC.; TDY HOLDINGS, LLC; TELEDYNE INDUSTRIES, INC.; TDY INDUSTRIES INCORPORATED; TELEDYNE TECHNOLOGIES INCORPORATED; ALLEGHENY TELEDYNE, INC.; ALLEGHENY TECHNOLOGIES INCORPORATED; TELEDYNE CONTINENTAL MOTORS; TELEDYNE CONTINENTAL MOTORS, INC., Defendants and Third-Party Plaintiffs and RAM AIRCRAFT CORPORATION and JOHN DOES 1 THROUGH 10 INCLUSIVE, Defendants and CAPITAL CITY AIR CARRIERS, INC., Third-Party Defendant; GREAT WESTERN BANK, as Personal Representative of the Estate of Robert Bielstein, Plaintiff v. THE CESSNA AIRCRAFT COMPANY; TEXTRON, INC.; TELEDYNE, INC.; TDY HOLDINGS, LLC; TELEDYNE INDUSTRIES, INC.; TDY INDUSTRIES INCORPORATED; TELEDYNE TECHNOLOGIES INCORPORATED; ALLEGHENY TELEDYNE, INC.; ALLEGHENY TECHNOLOGIES INCORPORATED; TELEDYNE CONTINENTAL MOTORS; TELEDYNE CONTINENTAL MOTORS, INC., Defendants and Third-Party Plaintiffs and RAM AIRCRAFT CORPORATION and JOHN DOES 1 THROUGH 10 INCLUSIVE, Defendants and CAPITAL CITY AIR CARRIERS, INC., Third-Party Defendant; STACIE A. SHEESLEY, as Personal Representative of Shane D. Sheesley, deceased; DEEANN VERMEULEN, as Personal Representative of Thomas J. Vermeulen, deceased; and GREAT WESTERN BANK, as Personal Representative of the estate of Robert Bielstein, Plaintiffs v. FLIGHTSAFETY INTERNATIONAL, INC., a New York corporation, Defendant

Subsequent History: Motion granted by, Motion denied by Sheesley v. Cessna Aircraft Co., 2006 U.S. Dist. LEXIS 77919 (D.S.D., Oct. 24, 2006)

CORE TERMS

plaintiffs', aircraft, manufacturer, diphenhydramine, wastegate, elbow, aviation, training, rolling, engine, punitive damages, preempt, pilot, crash, malpractice, concealed, repose, regulations, summary judgment motion, replacement, curriculum, argues, exhaust system, damages, wrongful death action, certificate, personal jurisdiction, accident report, recoverable, exhaust

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Burdens of Proof, Movant Persuasion & Proof, Nonmovant Persuasion & Proof, Governments, Legislation, Statute of Repose, Torts, Products Liability, General Overview, Transportation Law, Air & Space Transportation, Vicarious Liability, Corporations, Subsidiary Corporations, In Rem & Personal Jurisdiction, In Personam Actions, Challenges, Elements, Duty, Proof, Violations of Law, Education Law, Civil Liability, Educational Malpractice, Family Law, Family Relationships & Torts, Wrongful Death & Survival, Wrongful Death & Survival Actions, Survival Actions, Punitive Damages, Availability, Remedies, Damages, Types of Damages, Punitive Damages, Compensatory Damages, Interpretation, Evidence, Admissibility, Expert Witnesses, Financial Contributions, Business & Corporate Compliance, Breach, Breach of Contract Actions, Elements of Contract Claims, Contracts Law, Types of Contracts, Contracts Implied in Fact, Express Contracts, Contracts Law, Third Parties, Beneficiaries, Claims & Enforcement, Expert Witnesses, Daubert Standard, Helpfulness, Relevance, Exclusion of Relevant Evidence, Confusion, Prejudice & Waste of Time, Types of Evidence, Documentary Evidence, Allocation, Exceptions, Public Records, Investigative Reports, Statements as Evidence, Hearsay, Hearsay Within Hearsay, Procedural Matters, Multiple Defendants, Contribution, Settlements, Multiple Party Settlements, Partial Settlements, Trials, Separate Trials