In a case arising from an airplane wire-strike incident, United States District Court Judge Wiley Y. Daniel granted dispositive motions filed by TAM Aviation Group attorney Kathleen Johnson on behalf of both the airplane’s owner and its operator.
In support of the strict liability claim against the aircraft owner, the plaintiff–a driver on I-70 whose vehicle was hit by the wires struck by the military trainer jet–alleged that as the owners of the aircraft who consented to its operation, the owner should be strictly liable for any damages caused by the pilot’s actions. Ms. Johnson moved to dismiss the claims against the owner on the grounds that any claims against the owner were preempted 49 U.S.C. § 44112(b) of the Federal Aviation Act. Judge Daniel held that Plaintiff’s allegations that the owners consented to the use of the airplane were inadequate to impart liability to the airplane owner. The Court expressly rejected the rationale that an owner is liable for the conduct of one to whom he entrusts an airplane, regardless of the degree of control maintained by the owner.
Plaintiff also alleged that both the owner and operator should be held strictly liable for the pilot’s actions because the incident flight was an ultrahazardous or abnormally dangerous activity. Ms. Johnson filed a motion for summary judgment on this claim arguing that the flight of the aircraft was not an ultrahazardous activity. In response, Plaintiff argued that the manner in which the airplane was flown (at low altitude) created an ultrahazardous risk to both people and property. The Court rejected Plaintiff’s argument stating that “As . . . Defendants note, [Plaintiff’s argument] is predicated upon the manner in which the activity was conducted by [the pilot] rather than the activity itself.” The Court granted the motion noting that there was no evidence that the flight itself, without regard to the pilot’s actions, was dangerous.
TAM attorneys Kathleen Johnson and Rachelle Veikune won a defense….
READ MOREColorado legislature reverses judicial tort reform.
READ MOREIn a case arising from an altercation following a concert….
READ MORETAM has again achieved distinction in the areas of Legal….
READ MORETAM attorney Kathleen Johnson won a defense verdict in a….
READ MOREIn a case arising from an airplane wire-strike incident, United….
READ MORETAM Shareholder Michael Hutchinson and Paul Cooper, Of Counsel to….
READ MORETAM Shareholder Robert J. Zavaglia, Jr. has been invited to….
READ MORETAM is pleased to announce that Shareholder Michael L. Hutchinson….
READ MORETAM attorney Kathleen M. Byrne made news and sent ripples….
READ MOREBy invitation, TAM attorney Kathleen M. Byrne recently co-author a….
READ MORETAM Shareholder Michael Hutchinson and Paul Cooper, Of Counsel to….
READ MORETAM Shareholder Robert J. Zavaglia, Jr., has been selected for….
READ MORETAM is pleased to announce that Shareholder Michael L. Hutchinson….
READ MOREYesterday, the Colorado Court of Appeals announced its opinion upholding….
READ MORETAM Shareholder Michael Hutchinson, and Paul Cooper, Of Counsel to….
READ MORETAM Shareholder Carol L. Thomson and Associate Kathleen J. Johnson….
READ MORETAM shareholder Robert J. Zavaglia, Jr., obtained a defense judgment….
READ MORETAM has been elected for membership as the exclusive Colorado….
READ MOREAfter 24 years at its original Denver Place location, TAM….
READ MORETAM is pleased to announce that shareholders L. Richard Musat….
READ MOREToday the Colorado Supreme Court denied certification of an appeal….
READ MOREThe Adams County District Court, Hon. Edward Moss presiding, today….
READ MORETAM is pleased to announce that shareholders L. Richard Musat….
READ MORETAM Shareholder Paul Collins and associate Lauren Getsie obtained a….
READ MORETAM Shareholder Michael Hutchinson obtained a defense verdict for his….
READ MORETAM Shareholder Mark A. Pottinger obtained a complete defense verdict….
READ MORETAM Shareholder Michael Hutchinson is named “Lawyer of the Year,”….
READ MORETAM Shareholder Mark A. Pottinger inducted into Litigation Counsel of….
READ MORETAM is pleased to announce that shareholders L. Richard Musat,….
READ MORETAM Managing Shareholder Thomas Alfrey has been named a Top….
READ MORETAM Shareholder Robert J. Zavaglia, Jr. today obtained a complete….
READ MORETAM Managing Shareholder Thomas N. Alfrey today received a complete….
READ MORETAM is pleased to announce that shareholders L. Richard Musat,….
READ MORETAM shareholder Kathleen Mowry Fairbanks recently was granted summary judgment….
READ MORETAM congratulates its Aviation group for their recent win on….
READ MORETAM is pleased to announce its selection to the defense….
READ MORETAM is pleased to announce its selection to U.S. News….
READ MOREFor its 2010 edition, the publishers of The Legal 500….
READ MORETAM shareholder Mark A. Pottinger received today a complete defense….
READ MORE