Wells et al v. Robinson Helicopter Co., Inc.

Filing 202

ORDER granting 153 Motion to Strike NTSB Probable Cause Report and Related References. Signed by District Judge Carlton W. Reeves on 03/12/2015. (AC)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
LARRY WELLS; DONNA WELLS; and
CONNIE FARMER, individually and as
personal representative of Charles Farmer

PLAINTIFFS

V.

CAUSE NO. 3:12-CV-564-CWR-FKB

ROBINSON HELICOPTER CO., INC.

DEFENDANT

consolidated with
WEBB GROUP, L.P.

PLAINTIFF

V.

CAUSE NO. 3:12-CV-613-CWR-FKB

ROBINSON HELICOPTER CO., INC.

DEFENDANT
ORDER

Before the Court is a motion filed by the Wells plaintiffs which seeks to strike the
NTSB’s probable cause report, and references to that report, from the record. Docket No. 153.
The motion contends that the defendant’s filings inappropriately attach and reference the NTSB
report in violation of 49 U.S.C. § 1154(b) and 49 C.F.R. § 835.2. Id.
The defendant concedes that the NTSB report is inadmissible at trial, but says that the
references were for the Court’s background and that the Court can disregard the report in
adjudicating the pending motions. Docket No. 160.
Federal law provides that “[n]o part of a report of the [National Transportation Safety]
Board, related to an accident or an investigation of an accident, may be admitted into evidence or
used in a civil action for damages resulting from a matter mentioned in the report.” 49 U.S.C. §
1154(b). This law “flatly prohibits the NTSB accident report from being admitted into evidence

in any suit for damages arising out of accidents investigated by the NTSB.” Campbell v.
Keystone Aerial Surveys, Inc., 138 F.3d 996, 1001 (5th Cir. 1998) (citation omitted).
The simple truth here is that NTSB investigatory procedures are not designed to
facilitate litigation, and Congress has made it clear that the Board and its reports
should not be used to the advantage or disadvantage of any party in a civil
lawsuit. In our view, this congressional mandate could not be clearer.
Chiron Corp. & PerSeptive Biosystems v. Nat’l Transp. Safety Bd., 198 F.3d 935, 940 (D.C. Cir.
1999). “A ‘factual accident report,’ on the other hand, is ‘an investigator’s report of his
investigation of the accident.’ Because this report is not a ‘report of the Board,’ it is not barred
by the statute and is therefore admissible.” Id. (citation omitted).
Given the statute, regulation, and case law, the motion must be granted. As the plaintiffs
suggest, moreover, the fact that the statute prohibits both the admission of NTSB reports into
evidence and their “use[] in a civil action” suggests that the reports should not be referenced in
filings at all, even if the jury will never see them. The Court trusts the parties will not reference
the NTSB probable cause report again.
SO ORDERED, this the 12th day of March, 2015.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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