BERGERON V. AERO SALES, INC. 134 P.3d 964 (2006) CASE BRIEF

BERGERON V. AERO SALES, INC.

134 P.3d 964 (2006)

NATURE OF THE CASE: Kasper purchased the fuel and stored it in the tank. Praegitzer owned the hangar and the fuel tank at the time that Kasper placed the fuel in the tank, but did not know that Kasper had placed the fuel in the tank. Praegitzer subsequently sold the hangar and the fuel tank to Curtright. When Kasper learned that the hangar had been sold and he sought to remove the fuel, Curtright refused to allow him to do so, insisting that he had purchased the fuel along with the hangar and the fuel tank.

FACTS: Praegitzer (P) brought a trespass action against Kasper (D) for using P's hangar without permission. Kasper (D) filed a counterclaim against Praegitzer (P) for conversion of the jet fuel. Kasper (D) also filed a third-party claim against Curtright (D) for conversion of the jet fuel. Curtright (D) counterclaimed against Kasper (D) for trespass and conversion and filed cross-claims against Praegitzer (P) for indemnity and breach of contract. Everybody filed cross-motions for summary judgment on Kasper's (D) conversion claims. The trial court granted the motions of Praegitzer (P) and Curtright (D) and denied Kasper's (D) motion. The court then entered a judgment reflecting that outcome and dismissing Praegitzer's (P) claim against Kasper (D) as well as Curtright's (D) counterclaims against Kasper (D) and cross-claims against Praegitzer (P). Kasper (D) appealed, arguing that the trial court erred in denying his motion for summary judgment on his conversion claims and in granting Praegitzer's (P) and Curtright's (D) summary judgment motions.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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