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Keywords

statuteappealsummary judgmentstatute of limitationsappellant

statutestatute of limitationsappellant

Related Cases

Tomlin v. Boeing Co., 650 F.2d 1065

Facts

Two servicemen, Barry Tomlin and Samuel Harrell, were killed in a helicopter crash in South Vietnam on May 10, 1972. The helicopter, built by Vetrol, a division of Boeing, crashed due to a rotor blade failure. Both men were survived by their wives and children, who lived in different states at the time of the accident. The widows filed a wrongful death action in the Federal District Court for the Western District of Washington on May 9, 1975, just before the expiration of Washington's three-year statute of limitations. Boeing moved for summary judgment, claiming the action was time-barred under the statutes of other states.

The relevant facts are not disputed. Two servicemen, Barry Tomlin and Samuel Harrell, were killed in a helicopter crash in South Vietnam on May 10, 1972. The helicopter which they were piloting crashed because an aft rotor blade developed a crack and separated in mid-flight.

Issue

Whether the appellants' wrongful death action against the Boeing Company is time-barred, depending on which statute of limitations governs.

The issue is whether the appellants' wrongful death action against the Boeing Company is time-barred.

Rule

Washington applies the law of the state with the most significant contacts and interest in having its law applied, rather than the doctrine of lex loci delicti. The statute of limitations is considered substantive if it bars a right, and procedural if it only bars a remedy.

Washington has rejected the doctrine of lex loci delicti which requires a forum state to apply the substantive law of the place of the injury. Instead it applies the law of the state with the most significant contacts and interest in having its law applied.

Analysis

The court determined that a Washington court would apply its own three-year statute of limitations based on the significant contacts and interests involved. The district court's reliance on modified interest analysis was found to be incorrect; instead, direct interest analysis should be applied to both the wrongful death act and the statute of limitations. The court emphasized that Washington's policy of allowing wrongful death actions for three years aligns with its interest in compensating victims and deterring wrongful conduct.

Despite the deference granted to district court judges in interpreting questions of local law, our reading of Washington law convinces us that a Washington court would apply direct interest analysis to both aspects of the conflicts issue, rather than a modified interest analysis.

Conclusion

The Court of Appeals reversed the district court's decision, holding that Washington's three-year statute of limitations applied, and thus the wrongful death action was not time-barred.

We therefore conclude that Washington would apply its three year statute of limitation and reverse the decision of the district court.

Who won?

The appellants (the widows) prevailed in the case because the court concluded that Washington's statute of limitations applied, allowing their wrongful death action to proceed.

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