Aviation Law Firm Wins Appeal on Behalf of 3 Paramedics Killed in 1998 Los Angeles Helicopter Crash; Trial Against Bell Helicopter Can Now Proceed.

Business Editors/Legal Writers

LOS ANGELES--(BUSINESS WIRE)--June 16, 2003

Aviation Attorney Robert E. Guilford won an appeal on June 13, 2003, for the widows of the three paramedics killed in the 1998 Bell helicopter crash in Griffith Park, Los Angeles. The helicopter was airlifting an injured child when the tail rotor yoke failed and caused the aircraft to crash.

Mr. Guilford filed a wrongful death lawsuit against Bell on behalf of the widows but Bell succeeded in having the case dismissed based on a federal statute called the General Aviation Revitalization Act of 1994 (GARA) which bars legal action against manufacturers of general aviation aircraft if the part that allegedly caused the accident is more than 18 years old. Mr. Guilford appealed.

Bob Guilford is a partner in the Los Angeles-based national law firm Baum, Hedlund, Aristei, Guilford & Schiavo which represents the three widows. Guilford was very pleased with the decision and stated: "In a decision of nationwide significance, the appellate court in Los Angeles interpreted a hotly debated law immunizing the general aviation industry from accident litigation, with respect to aircraft older than 18 years. The court applied the `fraud' exception to the application of GARA, which otherwise would have completely shielded Bell from accountability."

Judge Paul Boland of the 2nd District Court of Appeal in Los Angeles ruled that the law does not apply to Bell in this case. He concluded that Bell, within the 18-year period of repose, withheld information from the Federal Aviation Administration (FAA) about five prior military aircraft accidents Bell knew were caused by the failure of identical tail rotor yokes installed on those aircraft, which caused the Griffith Park helicopter crash. The court further agreed with Mr. Guilford's argument that FAA regulations required Bell to report those failures; and that its withholding of that information falls squarely within the statutory exception to the time limitations on civil actions that would otherwise apply. Therefore the Court reversed the judgment of the trial court and remanded the cause for further proceedings.

Mr. Guilford also pointed out that in 1992, instead of shortening the flight time for civilian helicopters as they did for the military at 2,400 hours, Bell increased their flight time from 4,000 to 5,000 hours. The helicopter in this crash had logged 4,117 hours.

Baum, Hedlund is now preparing this case for trial.

Note: The ruling can be accessed at http://www.courtinfo.ca.gov/opinions/documents/B152609.PDF