Clark v PHI, Inc et al

Filing 60

ORDER granting 52 Motion for Summary Judgment. Signed by Judge Helen G. Berrigan on 12/21/2012. (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

FERRIS CLARK SR.

CIVIL ACTION

VERSUS

NO. 12-411

PHI, INC., BELL HELICOPTER
TEXTRON INC., and ALLIANZ
GLOBAL CORPORATE & SPECIALTY AG

SECTION “C” (5)

ORDER
Before the Court is Bell Helicopter Textron Inc.’s Re-Urged Motion for Summary Judgment.
Rec. Doc. 52. Plaintiff does not oppose this motion. On July 27, 2012, this Court determined that
only the written warranty exception to the General Aviation Revitalization Act of 1994 (“GARA”)
could evoke an exception to GARA’s Statute of Repose, creating potential liability for defendant Bell
Helicopter. Rec. Doc. 44, p. 10-12. The parties have now completed discovery and found that “No
contracts or warranties identified by any party could possibly be construed as extending a written
warranty from Bell to plaintiff for purposes of providing an exception to GARA’s Statute of
Repose.” Rec. Doc. 52. Because plaintiff will not be able to make a case for a successful written
warranty exception, Summary Judgment is now appropriate under Rule 56. FED.R.CIV.P. 56.
Accordingly,
IT IS ORDERED that Bell Helicopter Textron Inc.’s Re-Urged Motion for Summary
Judgement is GRANTED.
New Orleans, Louisiana, this 21st day of December, 2012.

______________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE
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