CoA: No jurisdiction in crash suit

A divided Indiana Court of Appeals (CoA) panel ruled for three aerospace defendants in a negligence case brought by victims of a fatal helicopter crash that took place March 30, 2015, in Saucier, Miss. The court found that Indiana had no personal jurisdiction in the matter. Following the helicopter crash that killed two passengers and severely injured one, Colleen Ricks, Cynthia Cobb, and Brendan Mullen sued Cadorath Aerospace Lafayette, Cadorath Aerospace, and H-S Tool & Parts. At the time of the crash, the helicopter’s Rolls-Royce Model 250 engine allegedly failed. All three defendants had previously entered into an Authorized Repair Facility agreement with Rolls-Royce to develop repair processes and off-manual repairs at these facilities. The accident victims claimed the defendants performed negligent repair work in the outer combustion case of the engine sometime after an overhaul that took place years before. The court had denied Cadorath and H-S Tool’s motions to dismiss the case for lack of jurisdiction. In an appeal, the defendants argued insufficient minimum contacts between the Cadorath, H-S Tool, and the state of Indiana to establish specific personal jurisdiction. The divided Indiana CoA agreed Oct. 17 by dismissing the case. The court’s majority noted that no repairs took place in Indiana. Cadorath conducts its services at a repair facility in Broussard, La., and is organized under the laws of Louisiana. Cadorath and H-S Tool and Canadian companies. The court ruled Indiana “does not have personal jurisdiction over this matter,” Judge John Baker wrote. In a minority opinion, Judge James Kirsch dissented: Both companies consented to jurisdiction because they are Rolls-Royce Authorized Repair Facilities. “Those agreements stated that all suits relating to the agreements shall be brought and tried in Marion County, Indiana,” Kirsch wrote. [Rolls Royce-Indianapolis, Ind., businesses include Defense, LibertyWorks, Civil Small & Medium Engines, and Marine and Helicopters. Cynthia Cobb was executrix of the estate of Steven Cobb, who died in the helicopter accident. They were from Mississippi.] Source: Indiana Lawyer 10/18/19) https://www.theindianalawyer.com/articles/divided-coa-dismisses-negligence-suit-in-fatal-helicopter-crash