Arceneaux v. Daggett

594 So. 2d 1001, 1992 La. App. LEXIS 4365, 1992 WL 25633
Louisiana Court of Appeal·Decided February 12, 1992·No. No. 90-767·Published·Cited by 5 cases

Opinion

FORET, Judge.

This is a personal injury action arising out of a plane crash. On June 7, 1981, John Arceneaux, Francis Arceneaux, and Adrian Arceneaux were injured when the Grumman American AA-5A Cheetah aircraft in which they were passengers, crashed upon takeoff. Three separate lawsuits were filed: Francis Arceneaux and Adrian Arceneaux brought suit against Charles Daggett, Jr., Lyon Flying Service, and their insurers; Francis Arceneaux, Adrian Arceneaux, and Charles Daggett, Jr. brought suit against Gulfstream American Corporation, Grumman American Aviation Corporation, and Lyon Flying Service; John Arceneaux brought suit against Charles Daggett, Jr., Lyon Flying Service, Gulfstream American Corporation, and Grumman American Aviation Corporation. The lawsuits were consolidated.1

Prior to trial, the trial court determined that there was no coverage for renter pilots under the policy of insurance issued to Lyon Flying Service by United States Aviation Underwriters, Inc. Also prior to trial, Gulfstream American Corporation, Grumman American Corporation, and its subsidiary, Grumman American Aviation Corporation, and its liability insurance company were dismissed from the lawsuits.

The remaining defendants in this case are Charles 0. Daggett, Jr., the pilot, and Lyon Flying Service, Inc., the lessor of the plane.

Charles O. Daggett, Jr. leased the airplane on June 6, 1981 from Lyon Flying Service, Inc., a fixed base operator in Welsh, Louisiana. Daggett, an FAA licensed and fully legal pilot, had been thoroughly checked out personally and cleared in this airplane by Emery Lyon, owner and manager of Lyon Flying Service. The airplane was purchased new in 1976 by Lyon Flying Service. It gave trouble free service with routine maintenance from the date of purchase to the date Daggett crashed it.

Daggett was to transport the Arceneaux brothers, Francis and Adrian, and their nephew John, to a public mapped airfield at Clinton, Louisiana. This landing strip was determined by Lyon to be an appropriate runway, and Daggett was authorized to fly the aircraft to the Clinton airfield, which was the destination recorded by Daggett in the pilot’s log. No permission was given for Daggett to go to any other location.

Daggett left Welsh in the fully loaded plane. Unbeknownst to Lyon Flying Service, pilot Daggett deviated from his announced flight plan. Instead of going to the Clinton airstrip, Daggett ferried the Arceneauxs to a private, non-mapped airstrip at Honeysuckle Farm, a small grassy hillock near Liberty, Mississippi, completely surrounded by tall pine trees. Daggett had not cleared this detour either with Lyon Flying Service or the owners of Honeysuckle Farm.

The runway was approximately 2,250 feet. It had not been used by an aircraft since 1975, but was mowed periodically by a caretaker. The airstrip ran generally in a northwesterly-southeasterly direction and was completely surrounded by pine trees. The height of the trees above the runway was approximately 34 feet.

[1003]*1003The aircraft performed in a normal acceptable manner during the trip to Honeysuckle Farm and upon landing there. Shortly after arrival, Daggett and A1 Ar-ceneaux (a relative of the Arceneauxs) took a short trial run to the northwest to determine the plane’s capacity at taking off from the farm. On this test flight/takeoff, with two persons seated in the plane, and no luggage, there was no discernible problem getting over the tall pine trees. The contemplated takeoff conditions, however, were not simulated before the crash flight.

The crash occurred on June 7 during takeoff. Daggett began his takeoff and, after being airborne some twenty to thirty feet, determined that he could not clear the trees at the end of the runway and cut the power, thereby aborting the takeoff, forcing the plane back to the ground and then striking the trees.

Prior to the arrival at Honeysuckle Farm, Daggett was unfamiliar with the airstrip. He had never flown to the location before. There was concern among those present about the ability of Daggett to safely maneuver the plane, fully loaded, out of that airstrip. Several factors played a part in that concern: the size of the aircraft, the size of its engine, the incline, the grassy runway, the lack of wind, the high temperature, the humidity, and the air density.

Plaintiffs’ petition alleged several acts of negligence on the part of Lyon Flying Service: failure to adequately warn Daggett of the special dangers and hazards present in the aircraft at the time of renting it; failure to adequately qualify Daggett for his private pilot’s license, and failure to provide adequate flight instructions to him regarding the aircraft; improperly maintaining and servicing the aircraft prior to the accident, causing the aircraft to contain hidden defects and dangers unknown to Daggett; failing to adequately check out the aircraft on the day it was leased to Daggett to ensure that the plane was in good running condition and that all of its instruments and working parts were functioning correctly; failing to warn Daggett of the dangers and hazards of taking off from unpaved airstrips; and failing to warn Daggett of the incorrect operating characteristics depicted in the pilot’s operating handbook. Plaintiffs also advanced that there is strict liability against Lyon Flying Service.

The matter was bifurcated and the trial on the issue of liability was held on October 5 and 6, 1988, and March 2, 1989. On the negligence issue, the trial court found that the defendant, Lyon Flying Service, had not breached any duty of reasonable care owed to either the pilot or his passengers and, concerning the strict liability of the defendant, found that the plaintiffs failed to carry their burden of proof in ruling out pilot error as the cause of the accident. The judge, accordingly, ruled in favor of the defendant and against the plaintiffs, John Arceneaux, Adrian Arceneaux, Francis Arceneaux, and Charles Daggett, Jr.; and in favor of plaintiffs, John Arceneaux, Adrian Arceneaux, and against Charles Daggett, Jr., individually. Plaintiffs, John Arceneaux, Adrian Arceneaux, and Francis Arceneaux, appealed from this judgment.

ASSIGNMENTS OF ERROR

Plaintiffs raise four issues on appeal. First, plaintiffs contend the trial judge abused his much discretion in assigning more weight to the testimony of the defense’s expert witnesses, whose opinion was based on inadmissible evidence. Plaintiffs next contend that the trial judge incorrectly placed the burden of proof on the plaintiffs to prove that the pilot, as a third person, was not at fault. Plaintiffs also contend that the trial judge erred in failing to find the defendant strictly liable for an airplane which was defective due to the inadequate and inaccurate instructions concerning its use. Finally, plaintiffs contend that the trial judge erred in failing to find the defendant negligent for entrusting an aircraft to an inexperienced pilot who lacked proficiency not only in flying passengers but also in flying this particular aircraft and in making short field takeoffs.

DISCUSSION

It is well settled that a court of appeal may not set aside a trial court’s or a jury’s [1004]

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Arceneaux v. Daggett, 594 So. 2d 1001, 1992 La. App. LEXIS 4365, 1992 WL 25633 (La. Ct. App. 1992).

594 So. 2d 1001 (Arceneaux v. Daggett) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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