Defunct Airline Blames Inadequate Design Of 58-Year-Old Airframe

The General Aviation Revitalization Act of 1994, which limited tort claims against manufacturers of aircraft older than 18 years, allowed a renaissance among general aviation manufacturers. But there are still attorneys trying to find ways around it.

The Miami Herald reports Northrop Grumman faces two lawsuits over the December 2005 crash of a 58-year-old Grumman Turbo Mallard seaplane in passenger service with Chalk's Ocean Airways. Chalk's was the last operator using the type in commercial passenger service, and billed itself as the world's oldest airline, with a history of flying famous Hollywood stars and infamous Prohibition-era bootleggers to the Bahamas.

As ANN reported, the plane in question suffered a right-wing separation, burst into flames, and crashed into the ocean off Miami in view of crowds on the beach. The NTSB ruled the wing separated due to fatigue cracks, and blamed inadequate aircraft inspection by Chalk's, and lax maintenance oversight by the FAA.

Chalk's went out of business, and the FAA grounded the remaining Mallards and pulled Chalk's operating certificate.

Now, attorneys for Chalk's, its leasing companies, and AIG Insurance have filed two suits in federal court in Miami and New York, claiming the antique plane was "not adequately designed for its intended purpose."

John Eversole, at attorney for Chalk's says the NTSB was wrong to blame the airline.

"Our allegations are that there was a weak area where the wings are attached to the fuselage," he said "...This area is enclosed and cannot be inspected. The metal is built around the area where this wing sheared off... You can't inspect it, you can't perform maintenance on it. There is nothing you can do short of rebuilding the airplane."

AIG is trying to recover 50-million dollars it paid out in claims. Also named in both lawsuits is Frakes Aviation of Cleburne, TX... which is unlucky enough to be the current holder of the STC that allowed the retrofit of twin Pratt & Whitney Canada PT-6 turboprop engines, in the place of the Mallard's original radial motors.

AOPA Air Safety Foundation Executive Director Bruce Landsberg, commenting in his current blog, calls the case both amusing and infuriating.

"We agree that manufacturers need to be responsible for their products but is it only in aviation that companies can be held liable indefinitely?" Landsberg writes "It will be interesting to see if the legal system has the integrity to seriously question what I believe is an unjustified suit -- without running up a huge tab."

FMI: www.ntsb.gov, www.aopa.org/asf/