Estate Of Virgil Victor Becker, Jr., App. v. Forward Technology Industries, Inc., Res.

Verellen, A.C.J.

¶1 The scope of implied field preemption in aviation law is evolving and elusive. But under recent Ninth Circuit case law, the key consideration is whether the area at issue is pervasively regulated.

¶2 This action arises from a fatal airplane crash linked to a defective carburetor float. The primary question on appeal concerns implied field preemption of state tort standards of care applicable to the contractor that assembled the float.

¶3 The federal aviation act (FAA) broadly regulates the area of aviation safety. The FAA’s regulatory scheme requires manufacturers of airplane…