Richard Wolf
In Sikkelee, the widow of a pilot sued the manufacturer of an aircraft engine which she alleged was improperly designed, resulting in the plane’s crash and her husband’s death. Id. at 685-86. The United States Court for the Middle District of Pennsylvania granted summary judgment in favor of the engine manufacturer on the question of defective design. Id. at 686. It held that the standard of care was a “type certificate,” a certification from the Federal Aviation Administration that the design of an aircraft or aircraft part meets the safety standards imposed by Federal Aviation Administration (“FAA”) regulations. Id. at 684, 686. Since the subject engine was granted a type certificate, the standard of care had been satisfied as a matter of law. Id. at 686. Critical to the District Court’s decision was its finding that it must apply some federal standard of care pursuant to Abdullah v. American Airlines, Inc., 181 F.3d 363 (3d Cir. 1999). Id. at 686. Continue reading “Third Circuit Affirms That State Products Liability Law Can Apply to Plane Crashes”