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Coleman v. Windham Aviation Inc.8/18/2005
DECISION
Pursuant to Rule 56 of the Superior Court Rules of Civil Procedure, this matter comes before the Court on a motion for partial summary judgment filed by Plaintiff Christine Coleman ("Plaintiff"). The Plaintiff's motion requires the Court to determine whether the applicable statutory law imposes vicarious liability on the owner of an aircraft for any negligence attributed to an authorized lessee of said aircraft. Specifically, the Plaintiff asks the Court to declare that -- in the event a jury finds Brooks Kay negligent -- Windham Aviation ("Defendant" or "Defendant Windham") is vicariously liable for said negligence. Invoking the doctrine of federal preemption, Defendant Windham has filed a timely objection advancing the argument that 49 U.S.C. ยง 44112 negates the imposition of vicarious liability solely on the basis of ownership. Although there are numerous defendants, the current motion deals only with Defendant Windham. On June 13, 2005, the parties presented oral arguments to the Court on this motion. For the reasons set forth below, the Plaintiff's motion for partial summary judgment is granted.
Facts and Travel
Given that the issue before the Court is strictly a matter of law, the Court will confine the recitation of facts to only those relevant to the resolution of the Plaintiff's motion for partial summary judgment. For purposes of this motion, the Court will adopt the narrative set forth in the National Transport Safety Board's Factual Report ("NTS Report") concerning the events of November 16, 2003.
On November 16, 2003, Stephen Coleman ("Coleman") and Hardy Lebel ("Lebel") were operating a Cessna 180, FAA Registration N34AG, Aircraft Serial Number N32561 ("Cessna").
Coleman and Lebel were practicing take-off and landing procedures at Westerly State Airport. Both Coleman and Lebel had decades of flying experience including time spent in the employment of New England Aviation, Inc. as commercial pilots.
On even date, Co-Defendant Brooks Kay ('Kay") who held a single-engine land airplane rating, rented a Piper PA-28-181, FAA Registration N2885D ("Piper") from Defendant Windham. Kay obtained $50,000 in liability insurance coverage through Defendant Windham. Additionally, Defendant Windham had liability insurance coverage for the corporation in the amount of $1,000,000.
Kay took off from Windham Airport in Connecticut with the intent to land at Westerly State Airport in Rhode Island. After he reached Westerly State Airport, Kay made his first attempt to land on Runway 32; however, he determined he was high on final approach. Consequently, he was forced to abort the landing. Upon the second final approach to land the Piper on Runway 32, Kay observed the Cessna "about to get on Runway 32." NTS Report at 1. According to Kay, he thought the Cessna would remain on the displaced threshold portion of the runway until after he landed the Piper. For this reason, Kay continued his approach and attempted to land on Runway 32. Tragically, the Cessna did not remain on the displaced threshold, and the Piper and Cessna collided as the Cessna attempted to take off from Runway 32. The force of the collision caused the Cessna to turn perpendicular to the runway and impact the ground. Both Coleman and Lebel suffered fatal injuries. Despite the severity of the collision, Kay managed to ground the Piper. Neither Kay nor his two passengers sustained injuries.
As a result of the fatal collision between the Cessna and the Piper, the Plaintiff filed the underlying wrongful death action to recover losses allegedly caused by the collective negligence of the various defendants. In filing the instant motion, the Plaintiff
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