Nachsin v. De La Bretonne

Summary

The California Court of Appeal held that, under California law applicable at the time of the crash, a nonnegligent aircraft owner was not liable for negligence by a permittee pilot absent an independent basis for liability. The court also held that the Federal Aviation Act's definitional provision did not create a civil remedy or preempt state tort law on imputed negligence.

Holdings

1. At common law, absent independent negligence by the owner or a special relationship between the owner and pilot, the pilot's negligence is not imputable to the aircraft owner.
2. The Federal Aviation Act's definitional provision, 49 U.S.C. § 1301(26), does not create a civil remedy or independently impose liability on an aircraft owner or lessor for a pilot's negligence.
3. Congress did not preempt state tort law insofar as civil remedies for damages arising from aircraft operation are concerned.

Questions Presented

1. Whether, under California tort law applicable to similar relationships on land or water, a nonnegligent aircraft owner may be held liable for negligence of a permittee pilot.
2. Whether the Federal Aviation Act of 1958, particularly 49 U.S.C. § 1301(26), creates a civil remedy or imputes a pilot's negligence to an aircraft owner or lessor.
3. Whether federal aviation legislation preempts state tort law governing civil remedies for damages arising from aircraft operation.

Disposition

affirmed