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
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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