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[W] Malone v. Capital Correctional Resources8/23/2001
DATE OF JUDGMENT: 08/02/1999
TRIAL JUDGE: HON. W. SWAN YERGER
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - PERSONAL INJURY
DISPOSITION: AFFIRMED - 08/23/2001
. Appellants Robert M. Malone, Robert Ray Malone, Annette Michelle Clark Malone and Ashley Carter (hereafter the Malones) filed suit in Hinds County Circuit Court, First Judicial District, seeking $4,900,000 in actual damages and $2,000,000 in punitive damages for personal injuries and other damages resulting from a gear-up landing of a Piper Aztec in which they were passengers. The suit was filed against the pilot, Todd Jones (Jones); the owner of the airplane, Capital Correctional Resources, Inc. (CCRI) and the vice-president and sole stockholder of CCRI, James Brewer (Brewer).
. A motion for summary judgment filed by CCRI and Brewer contended that Jones was solely liable. The Malones responded to the motion and also filed a cross-motion for summary judgment against Brewer, CCRI and Jones, contending that Brewer and CCI were liable under the provisions of Miss. Code Ann. § § 61-1-3 and 61-11-1, (1996), and acknowledging that Jones's negligent acts and/or omissions solely caused the accident. Based on analysis and study of the pleadings, excerpts of depositions, various submissions by both parties and arguments and briefs of counsel, the circuit court found no genuine issue of material fact and granted summary judgment in favor of Brewer and CCRI and denied the Malones' cross-motion.
. Aggrieved by the judgment of the trial court, the Malones timely filed their notice of appeal raising three issues:
I. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF BREWER AND CCRI ON THE ISSUE OF WHETHER OR NOT SECTIONS 61-1-3 AND 61-11-1 OF THE MISSISSIPPI CODE OF 1972, ANNOTATED, RENDER THE OWNER OF AN AIRCRAFT VICARIOUSLY LIABLE AND/OR NEGLIGENT PER SE FOR THE NEGLIGENT ACTS AND OMISSIONS OF THE PILOT THEREOF?
II. WHETHER THE TRIAL COURT ERRED IN DENYING SUMMARY JUDGMENT IN FAVOR OF ROBERT MALONE, INDIVIDUALLY AND AS GUARDIAN AND NEXT FRIEND OF ROBERT RAY MALONE, A MINOR, ANNETTE MICHELLE CLARK AND ASHLEY CARTER ON THE ISSUE OF WHETHER OR NOT 61-1-3 AND 61-11-1 OF THE MISSISSIPPI CODE OF 1972, ANNOTATED, RENDERS THE OWNER OF AN AIRCRAFT VICARIOUSLY LIABLE AND/OR NEGLIGENT PER SE FOR THE NEGLIGENT ACTS AND OMISSIONS OF THE PILOT THEREOF?
III. WHETHER THE TRIAL COURT ERRED IN GRANTING SUMMARY JUDGMENT IN FAVOR OF JAMES BREWER AND CCRI ON THE ISSUE OF PUNITIVE DAMAGES?
. Finding no error in the trial court's judgment, we affirm.
FACTS
. In early November 1995, the Malones asked Jones to fly them from Jackson, Mississippi, to Knoxville, Tennessee, for a football game. The night prior to the game, Jones called Brewer to request permission to borrow the aircraft owned by CCRI, a Texas corporation engaged in the business of managing correctional facilities, for the flight to Tennessee since the plane Jones had planned to use was unavailable. Brewer told him to "go ahead and use it." Jones was a licensed pilot who occasionally piloted the airplane for CCRI on a contract basis but who was not employed by CCRI at the time of the flight. The trip was safely made to Knoxville where Jones and the Malones attended the football game, and afterward Jones flew them back to Jackson.
. Upon the return to Jackson, after being cleared to land at Hawkins Field, Jones put the landing gear down in preparation for the landing.
The control tower informed Jones that a single engine plane was to land first and he was to land
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