Supreme Court of Arkansas

Davis Tillman, Special Administrator of the Estates of Rodney Nickle Tillman and Rebecca Ann Tillman, Deceased…

November 21, 20132013 Ark. LEXIS 571

Summary

The court affirmed summary judgment for the aircraft defendants because the federal statute of repose barred the wrongful-death and products-liability claims. The fraud exception did not apply because the record showed disagreements and extensive communications with the FAA, but no knowing misrepresentation, concealment, or withholding of causally related material information. The alleged failure to update the flight manual did not trigger the statute's new-part rolling provision, and the constitutional challenge was not reviewed because it was not ruled on below.