Garuda Indonesia Flight 152 is wholly owned by the Indonesian government, could be held liable under two exceptions to the Foreign Sovereign Immunities Act. She contended that because Garuda was authorized to operate in the United States at the time, the immunity had been explicitly waived under the rules of the Department of Transportation, which requires foreign air carriers to open themselves to suit in the United States as a condition of being allowed to fly to, from, or within this country. The waiver is limited to actions arising under treaties. Coyle also claimed that by selling tickets in the United States, Garuda waived
Garuda Indonesia Flight 865 involved was the fifth of the six, PK-GIE. The aircraft involved was a McDonnell Douglas DC-10-30, registration PK-GIE. One of six (PK-GIA to PK-GIF) in the Garuda fleet at the time of the accident, it had its first flight on 24 April 1979 and was delivered to Garuda Indonesia on 27 July 1979. Eighteen years and eleven months old at the time of the accident, it was the 284th DC-10 built; its MSN number was 46685. The aircraft had three General Electric CF6-50C2 turbofan engines for propulsion. The cause of the engine failure leading to the crash was that the