CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY, AND AS REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED AND LEISURECRAFT, INC., v. TELEDYNE CONTINENTAL MOTORS, INC., TELEDYNE, INC. SUPERIOR AIR PARTS, INC., PIEDMONT HAWTHORNE AVIATION, INC., A/K/A AND/OR F/K/A PIEDMONT AVIATION SERVICES, INC., PIEDMONT/HAWTHORNE AVIATION, INC., AND/OR PIEDMONT HAWTHORNE AVIATION, LLC AND DIVCO, INC.
No. 1402 EDA 2006 2008 PA Super 194 Atlantic: n/a Filed: 8/20/2008
Appeal from the Order entered May 7, 2007 In the Court of Common Pleas of Philadelphia County Civil No. January Term, 2005, No. 02577
Before: FORD ELLIOTT, PJ, PANELLA and KELLY, JJ.
Opinion by: KELLY, J.
Dissenting Opinion by: PANELLA, J.
This is an appeal from an order rendering final the judgments in favor of Appellees/defendants below in an action based on claims of strict liability, negligence and breach of warranty stemming from an aviation accident. The first decision sustains the preliminary objections of DivCo, Inc., and the second and third enter summary judgment in favor of, respectively, Piedmont Hawthorne Aviation, Inc., and its affiliates (Piedmont), and Teledyne Technologies and its affiliates (TCM). We affirm, finding inapplicable the exceptions to the 18 year statute of repose established by the governing statute in this matter, the federal General Aviation Revitalization Act of 1994 (GARA), Pub.L. No 103-298, 108 Stat. 1552 (codified as amended at 49 U.S.C.S. §40101, Note) .
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