 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Heirs and Wrongful Death Beneficiaries of Branning v. Hinds Community College District7/1/1999
ON MOTION FOR REHEARING
DATE OF JUDGMENT: 08/15/1997
TRIAL JUDGE: HON. L. BRELAND HILBURN, JR.
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
NATURE OF THE CASE: CIVIL - WRONGFUL DEATH
DISPOSITION: AFFIRMED - 07/01/1999
MOTION FOR REHEARING FILED: 04/22/1999
EN BANC.
. Motions for rehearing denied. Original opinions are withdrawn and this opinion substituted therefor.
. This action arose from a plane crash on the night of October 25, 1994 at the John Bell Williams Airport (the "Airport") near Raymond, Mississippi. April Branning, a passenger in the plane, died in the crash. The pilot, Michael Tomlinson, also died in the accident. Two other passengers, Michael Rives and Monica Hancock, survived but sustained injuries.
. Michael Tomlinson, April Branning, Michael Rives and others were at Swayze's Bar on the night of the plane crash. At Swayze's, Tomlinson showed a videotape recording of a flight with himself as a pilot. The flight had taken place earlier that day. Michael Tomlinson invited April Branning, Michael Rives and Monica Hancock to go with him on a night flight. The four left Swayze's Bar and drove to John Bell Williams Airport. Michael Tomlinson told the passengers that he was the manager of the airport. He used his keys to open the hangar which contained the airplane owned by Tomlinson Avionics and removed the plane. Michael Tomlinson operated the airplane as pilot in command. Upon departing the runway Michael Tomlinson failed to maintain proper altitude which resulted in the airplane impacting a group of trees near the airport and crashing to the ground. Michael Tomlinson had a blood alcohol level of .122%, which exceeds the legal limit to operate an airplane or motor vehicle.
. Hinds Community College District ("HCCD") is the airport authority for the John Bell Williams Airport under a long term lease from Hinds County, Mississippi. Hinds contracted with Tomlinson Avionics, Inc., on June 1, 1994, for that entity to be its airport manager and a "Fixed Base Operator" at the John Bell Williams Airport. The terms of the Airport Manager contract called for Tomlinson Avionics to operate the airport in compliance with rules and regulations prescribed by Hinds, as well as those promulgated by the United States and the State of Mississippi.
. The contract required Tomlinson Avionics to log arrivals and departures, collect fees for ramp space and hangar space and for any special events occurring at the airport. The rates charged for some ramp space and some hangar space could be set by Tomlinson Avionics, but only with Hinds' concurrence. Other hangar space rental fees were set by Hinds in the contract.
. The "fixed base operator" contract provided that Tomlinson Avionics would be the airport's aviation products and service provider. Tomlinson Avionics was leased the terminal building and a hangar in which to conduct general aviation aeronautical activities "for the use and benefit of the public." In pursuit of these activities, Tomlinson Avionics was also required to abide by Hinds' "Minimum Standards For Fixed Base Operators" for general aviation.
. Both Hinds' officials and Tomlinson Avionics principal, Carey Tomlinson, agreed that Michael Tomlinson was the person in charge of Tomlinson Avionics' John Bell Williams Airport duties as airport manager and FBO.
. As required by Hinds' Minimum Standards, Michael Tomlinson was Tomlinson Avionics' person on call "at hours during the day or night". This was evidenced by a brochure which was prepared by Michael Tomlinson and stated that he could
Page 1 2 3 4 5 6 7 Mississippi DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|