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Mills v. Oberg2/1/2005
Appellant trustee challenges the district court's grant of summary judgment in favor of respondents City of Detroit Lakes, County of Becker, the Detroit Lakes Becker County Airport Commission (collectively Airport Commission), and Roger Oberg. We affirm summary judgment as to the Airport Commission but reverse and remand summary judgment as to the common-law-negligence claim against Oberg.
FACTS
Respondent Roger Oberg served as the manager of the Detroit Lakes/Becker County Airport. He also owned Detroit Lakes Aircraft, Inc., a repair shop that did business at the airport and leased property from the Airport Commission. In May 1999, Oberg conducted an annual inspection of the airplane in question, which had been in storage since 1995. The purpose of the inspection was to determine whether the airplane could be certified as airworthy and safe for operation under Federal Aviation Administration (FAA) regulations. Oberg completed the inspection and certified the plane.
After the inspection, the owner of the airplane sold the airplane to a buyer who hired Michael C. Stern to fly the airplane from Minnesota to Georgia. On July 29, 1999, Stern and the seller arrived at the Detroit Lakes/Becker County Airport. Stern prepared the airplane for flight and requested that the fuel tanks be filled. It took 43 gallons of fuel to fill the fuel tank of the airplane, which had a capacity of 60 gallons.
According to appellant's witnesses, the engine began to surge and sputter shortly after takeoff. An auto mechanic at a nearby truck stop testified that the engine did not sound like it was running right. According to this witness, the plane reached an altitude of approximately 150 feet and began to change direction as if looking for a place to land. The witness noticed smoke trailing behind the plane, heard the engine stop, saw the airplane take a nose dive and drop below the tree line, and then heard a loud thump followed by a roaring blast. Michael Stern was killed in this accident.
Appellant Laura Mills brought a wrongful-death claim as trustee for the heirs and next of kin of Michael C. Stern against Oberg, alleging that he negligently inspected and maintained the fuel system of the airplane. Appellant also sued the Airport Commission, claiming that its relationship with Oberg gave rise to vicarious and joint liability and that the Airport Commission was liable for Oberg's failure to obtain public-liability insurance. Oberg and the Airport Commission filed separate motions for summary judgment, and the district court granted both motions.
DECISION
On appeal from summary judgment, this court asks whether there are any genuine issues of material fact and whether the district court erred in its application of the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn. 1990). A district court properly grants summary judgment "when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that either party is entitled to a judgment as a matter of law." Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn. 1993). On appeal, this court views the evidence in the light most favorable to the party against whom summary judgment was granted. Id. No genuine issue of material fact exists if the nonmoving party relies on evidence that merely creates a metaphysical doubt as to a factual issue and that is not sufficiently probative to permit reasonable persons to draw different conclusions. DLH, Inc. v. Russ, 566 N.W.2d 60, 71 (Minn. 1997).
I.
Appellant sued the Airport Commission under theories of respondeat sup
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