Johnson v. Central Aviation Corp.

Summary

The California Court of Appeals considered claims arising from an airplane collision, including damages for repair costs, loss of use, and lost profits from a contemplated sale. It held that the lost-profit allegations should not have been stricken at the pleading stage and that the evidence did not support denying all damages for loss of use. The court affirmed the repair-cost award against Bruce Gross, reversed the judgment against him in other respects, and reversed the judgment against Central Aviation Corporation because Gross was not its employee or agent for purposes of respondeat superior.

Holdings

1. Allegations claiming lost profits caused by a tort should not have been stricken as sham, irrelevant, or redundant where the pleaded circumstances could support recovery; any uncertainty or defect in pleading was subject to a special demurrer rather than a motion to strike.
2. The trial court's finding that the reasonable cost of collision-related repairs was $2,950 was supported by conflicting evidence and would not be disturbed on appeal.
3. The plaintiffs were entitled to have their loss-of-use claim determined under the reasonable-repair-period rule, and the trial court erred by denying all loss-of-use damages when the evidence supported some period of compensable deprivation.
4. Central Aviation Corporation was not liable under respondeat superior because Gross was a student receiving flight instruction and was neither the corporation's employee nor its agent while performing acts within the course of that instruction.

Questions Presented

1. Whether the complaint could properly be stripped of allegations seeking profits allegedly lost from the failed sale of the damaged airplane.
2. Whether the trial court's finding that the reasonable repair cost was $2,950 was supported by the evidence.
3. Whether the plaintiffs were entitled to pursue damages for loss of use of the airplane and whether the evidence supported denying all such damages.
4. Whether Central Aviation Corporation was vicariously liable under respondeat superior for Gross's negligent operation of the airplane while Gross was receiving flight instruction.

Disposition

reversed_and_remanded