Longobardo v. Avco Corporation

Filed 7/11/23

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

ANTHONY LONGOBARDO,

Plaintiff and Respondent, G062374

v. (Super. Ct. No. 30-2018-00970710)

AVCO CORPORATION, OPINION

Defendant and Appellant.

Appeal from an order of the Superior Court of Orange County, Nick A. Dourbetas, Judge. Dismissed. Horvitz & Levy, Jason R. Litt, Curt Cutting, Scott P. Dixler; Yukevich Cavanaugh, Todd A. Cavanaugh, and Steven D. Smelser for Defendant and Appellant. KP Law, Aghavni Kasparian, and Zareh A. Jaltorossian for Plaintiff and Respondent. Defendant Avco Corporation, a manufacturer of airplane components, appeals from denial of its summary judgment motion, which was based on the statute of repose enacted by Congress as part of the General Aviation Revitalization Act (“GARA,”

49 U.S.C. § 40101 note). Defendant contends a denial of summary judgment in this context constitutes an appealable collateral order under California’s collateral order doctrine. We conclude it does not and dismiss the appeal.

FACTS AND PROCEDURAL HISTORY Defendant is a manufacturer of airplane components. Plaintiff, a pilot, was injured when his plane crashed after its engine failed. Plaintiff sued defendant, alleging causes of action for strict products liability, negligence, and breach of the implied warranty. Defendant moved for summary judgment, citing GARA’s 18-year statute of repose. The trial court denied the motion for summary judgment, and defendant timely appealed. Shortly after the case reached this court, we issued an order requesting briefing on whether the trial court’s order was appealable. Both parties filed letter briefs addressing this issue. We subsequently conducted a hearing, giving the parties an opportunity for oral argument.