VREELAND V. FERRER
71 So.3d 70 (2012)
NATURE OF THE CASE: Vreeland (P) who sued Ferrer (D) seeking damages for the death of the
decedent in an airplane crash appealed the reversal of summary judgment. The court had found
federal preemption and that, D. as the lessor, was not liable and reversed the summary
judgment.
FACTS: D entered into an agreement to lease an airplane from Aerolease for a period of
one year. After taking off from an airport the plane crashed. The pilot, Donald Palas, and
his passenger, Jose Martinez, were killed in the crash. P, as administrator ad litem for
Martinez, filed a wrongful death action against Aerolease. Aerolease moved for summary final
judgment, in that 49 U.S.C. 44112 (1994), preempted Florida law. The court entered a
summary final judgment in favor of Aerolease. Under Florida's 'dangerous instrumentality'
doctrine, the owner or lessor of an aircraft is vicariously liable for the negligent conduct
of a pilot. However, the court concluded that 49 U.S.C. 44112 preempted Florida law and,
because Aerolease was not in actual possession or control of the aircraft at the time of the
crash, the company was not responsible under the provisions of the federal statute. D
appealed and the appellate court upheld the claim with respect to vicarious liability but
overturned the summary judgment on the negligent inspection and maintenance claim. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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