Tuesday, July 7, 2009

CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY,

CHARLES MOYER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATES OF RONALD MOYER AND JUDY MOYER, DECEASED, DONNA MOYER, INDIVIDUALLY, AND AS PERSONAL 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 2007 2009 PA Super 124 Atlantic: n/a Filed: 7/7/2009

Appeal from the Order entered May 29, 2007
In the Court of Common Pleas of Philadelphia County
Civil at No(s): January Term, 2005, No. 02577
Before: FORD ELLIOTT, P.J., STEVENS, ORIE MELVIN, LALLY-GREEN, KLEIN, BOWES, PANELLA, DONOHUE and SHOGAN, JJ.
Opinion by: STEVENS, J.
Dissenting Opinion by: PANELLA, J.
The instant matter is an action based on claims of negligence, breach of warranty and strict liability stemming from a single engine aircraft crash. Appellants, the adult children of decedents Ronald Moyer and Judy Moyer, appeal from the trial court’s Orders granting summary judgment in favor of Appellee Teledyne Continental Motors, Inc. (hereinafter “TCM”), and Appellee Piedmont Hawthorne Aviation, Inc., (hereinafter “Piedmont”) and from the Order sustaining the preliminary objections of Appellee DivCo, Inc. (hereinafter DivCo). Upon a review of the record, we affirm and find inapplicable the exceptions to the eighteen (18) year statute of repose established by the governing federal statute, the 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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