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Contracts
Breach of Implied Contract
Breach of Duty

Raymax Enterprises Inc. v. Classic Rotors, Pacific Executive Aviation

Published: Apr. 12, 2005 | Result Date: Dec. 21, 2004 | Filing Date: Jan. 1, 1900 |

Case number: GIN034862 Bench Decision –  $9,656

Judge

Joel M. Pressman

Court

San Diego Superior


Attorneys

Plaintiff

Robert A. Waller Jr.
(Law Office of Robert A. Waller, Jr.)


Defendant

Georgette R. Herget
(Burke Williams & Sorensen LLP)


Facts

With the permission of Classic Rotors, the plaintiff parked its vintage 1955 helicopter at the Ramona Airport in an open-air tiedown space used by Classic Rotors. One of Classic Rotor's own helicopters was parked adjacent. The tiedown space was located on the transient ramp managed by Pacific Executive Aviation pursuant to a contract with San Diego County, the owner of the airport. The helicopter was positioned in the space by Classic Rotors and was secured by the plaintiff. After the helicopter had been parked for about four months, during a windstorm, the rotors on the plaintiff's helicopter began to spin, and were damaged when they hit the adjacent helicopter.

Settlement Discussions

A settlement conference one week before trial was adjourned because the parties were too far apart.

Damages

The plaintiff claimed property damage of $77,000 and lost business opportunities in excess of $90,000.

Result

As to Pacific Executive, it was determined that no liability existed under either bailment or implied contract or negligence theories. Judgment for the defendant Pacific Executive Aviation. Judgment for the plaintiff against Classic Rotors only on grounds of bailment and breach of duty, reduced by one-third comparative negligence by the plaintiff, $9,656 net to the plaintiff.


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