Mark Berry v. Beech Aircraft Corp‪.‬

Lorna J. Berry filed this wrongful death action on behalf of herself and her children for the death of her husband and the father of her children, Alan Berry, who died in an airplane crash. The defendant, Beech Aircraft Corporation, was the manufacturer of the airplane; the defendant, Hercules Flyers, Inc., owned the airplane at the time of the crash; and one of its employees was the pilot of the plane. The action charges Beech with negligence, strict liability, and breach of warranty. The trial court awarded Beech summary judgment on all theories of liability on the ground that section 3 of the Utah Product Liability Act ("Act"), U.C.A., 1953, § 78-15-1, et seq., barred all actions against Beech. Section 3 of the Act, commonly called a statute of repose, provides: