PASS V. SHELBY AVIATION, INC.
2000 WL 388775 (2000)
NATURE OF THE CASE: Shelby (D) filed an appeal from the denial of D's motion to dismiss
Pass' (P) action for breach of warranties under U.C.C. art. 2 and breach of common law
warranty.
FACTS: P and his wife, Martha departed in the aircraft inspected by D and lost control of
the aircraft, and the plane crashed. Approximately four and a half months prior to the
flight P took his airplane to D for inspection and service. In servicing the aircraft, D
replaced both rear wing attach point brackets on the plane. The administratrix of the
estate, filed suit against D alleging that the rear wing attach point brackets sold and
installed were defective because they lacked the bolts necessary to secure them to the
airplane. P asserted claims for breach of common law warranty, and for breach of express and
implied warranties under UCC Article 2. D filed a motion to dismiss, contending that the
transaction with P had been primarily for the sale of services, rather than of goods, and
that consequently the transaction was not covered by UCC Article 2. D claims that all parts
replaced on the plane were installed pursuant to the requirements of the annual inspection;
and that the parts sold had not come from stock maintained by D but instead had been ordered
specifically for P's airplane. The trial court denied D's motion to dismiss. D filed a
motion for permission to file an interlocutory appeal of the trial court's denial of its
motion to dismiss and it was granted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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