BURTON v. TWIN COMMANDER AIRCRAFT, LLC

No. 60163-6-I.

221 P.3d 290 (2009)

148 Wash.App. 606

Kenneth C. BURTON, as Personal Representative of the Estate of Ulises Desposorios Santiago, and on behalf of Erika Barajasa Vasquez, Virginia Desposorios Barajas, Ulises Desposorios Barajas, Teofilo Uvaldo Desposorios Cabrera, and Irene Santiago Nava, Kenneth C. Burton, as Personal Representative of the Estate of Marcelino Gonzalez Alcantara, and on behalf of Rosario Flores Alvarado, Eduardo Gonzalez Flores, Daniel Gonzalez Flores and Christian Nanyeli Gonzalez Flores, Kenneth C. Burton, as Personal Representative of the Estate of Juan Galindo Herrera, and on behalf of Rebeca Escamilla Magallanes, Erick Galindo Escamilla and Lillian Itze Galindo Escamilla, Kenneth C. Burton, as Personal Representative of the Estate of Pablo Lozada Legorreta, and on behalf of Maria De Lourdes Esquivel Avalos, Gerson Fabric10 Lozada Esquivel, Diana Paola Lozada Esquivel and Priscilla Lozada Esquivel, Kenneth C. Burton, as Personal Representative of the Estate of Cesar Gabriel Maya, and on behalf of Stephanie Guadalupe Maya Triujeque and Diego Hanniel Maya Triujeque, Kenneth C. Burton, as Personal Representative of the Estate of Jesus Arciniega Nieto, and on behalf of Angelica Margarita Arizmendi Guadarrama, Estefania Arciniega Arizmendi, Jose Francisco Arciniega Perez and Consuelo Nieto Tapia, and Kenneth C. Burton, as Personal Representative of the Estate Of Marianela Elizardi Rios, and on behalf of Marianela Aida Quezada Elizardi and Aida Magdalena Rios De Elizardi, Appellants, v. TWIN COMMANDER AIRCRAFT, LLC, Respondent.

Court of Appeals of Washington, Division 1.

February 9, 2009.


Attorney(s) appearing for the Case

Thomas William Bingham, Jeffrey Carl Jones, Krutch Lindell, Seattle, WA, Gene Hagood, Hagood & Neumann, LLP, Alvin, TX, for Appellants.

Clark Reed Nichols, Perkins Coie LLP, Bellevue, WA, Mary Pedersen Gaston, Perkins Coie LLP, Seattle, WA, Michael Justin Teter, Georgetown Law Center, Washington, DC, for Respondent.


SCHINDLER, C.J.

¶ 1 In May 2004, a Twin Commander Model 690C twin engine airplane crashed, killing all seven people aboard. The personal representative of the decedents' estates, Kenneth C. Burton, filed wrongful death actions against Twin Commander Aircraft, LLC, as the current type certificate holder of the Twin Commander Model 690C aircraft. The "General Aviation Revitalization Act of 1994" (GARA)1 bars civil actions against the...

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