Green v. Industrial Helicopters, Inc.

This case was remanded to us with orders to hold an en banc hearing and determine whether the decision is in conflict with Duhon v. Petroleum Helicopters, Inc., 554 So.2d 1270 (La.App. 3d Cir.1989), writ denied, 559 So.2d 1360 (La.1990), and if so, determine which view is correct.

An en banc hearing has been held. The majority of this court concludes that the decisions are in conflict. The conflict lies in the views taken by the two panels re*1184garding the application of the strict liability remedy of La.C.C. art. 2317, to a claim for personal injuries to a helicopter passenger, brought against…