C & B AIRWAYS CO., OPERATING AS LEASE-A-PLANE OF MIAMI, INC., AND NATIONAL INDEMNITY CO., AND PIPER AIRCRAFT CORPORATION, APPELLANTS,
v.
CARALEE ASHURST, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN ASHURST, DECEASED, APPELLEE
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The court affirmed judgment against C & B Airways and National Indemnity but reversed against Piper Aircraft because the plaintiff failed to present evidence that the aircraft had a defect causing the accident.
A plaintiff must present evidence establishing a structural or design defect in an aircraft to sustain a cause of action for breach of implied warranty or negligence, and the absence of such evidence requires reversal and entry of directed verdict.
[1] In a products liability action based on breach of implied warranty or negligence, evidence that an accident was caused by anti-symmetrical flutter does not establish a de…
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Join FLexlaw to unlock all legal intelligenceAn aircraft accident occurred that was caused by anti-symmetrical flutter. Caralee Ashurst, individually and as personal representative of John Ashurs…
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PER CURIAM.
The judgments appealed from are affirmed as to the appellants C & B Airways Company and National Indemnity Company without prejudice to the appellant National Indemnity Company to properly raise the insurance coverage issue in a subsequent proceeding. In our view, no error has been demonstrated on this record as to these appellants. American District Electric Protective Co. v. Seaboard Air Line Railway Co., 139 Fla. 451, 190 So. 820 (1939) (syllabus no. 3); Williams v. Banning, 259 So. 2d 725 (Fla. 2d DCA 1972).
The judgments appealed from are reversed as to the appellant Piper Aircraft Corporation on the ground that the plaintiff Caralee Ashurst failed to present evidence at trial to establish that the subject aircraft •herein had a defect sufficient to sustain a cause of action for breach of implied warranty or negligence. Although there was evidence in the record that the accident sued upon was caused by anti-symmetrical flutter, there is no evidence that such flutter was caused by a structural or design defect in the aircraft. The trial court, accordingly, erred in denying Piper Aircraft’s motion for a directed verdict as such motion should have been granted. Hormovitis v. Mutual Lumber Co., 120 So. 2d 42, 46 (Fla. 2d DCA 1960); Stolmaker v. Bowerman, 100 So. 2d 659, 660 (Fla. 3d DCA 1958).
Affirmed in.part; reversed in part.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hormovitis v. Mut. Lumber Co., 120 So. 2d 42 (Fla. 2d DCA 1960)
- Stolmaker v. Bowerman, 100 So. 2d 659 (Fla. 3d DCA 1958)
- Am. Dist. Elec. Protective Co. v. Seaboard Air Line Ry. Co., 139 Fla. 451 (Fla. 1939)
- Williams v. Banning, 259 So. 2d 725 (Fla. 2d DCA 1972)