PALM BEACH AVIATION, INC., APPELLANT,
v.
GERALD KIBILDIS, APPELLEE
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Palm Beach Aviation appealed a jury verdict awarding damages to Kibildis for breach of bailment contract and negligence related to a vandalized and stripped aircraft. The Fourth District Court of Appeal reversed, finding the trial court erred in directing a verdict on the bailment count and in rejecting appellant's agency defense.
The court held that the trial court erred in directing a verdict on the bailment contract count because evidence existed from which a jury could conclude appellant exercised reasonable care, making it a jury question whether appellant breached its duty of care. The court also held that appellant's agency defense was properly preserved and not moot, as the jury might find liability rested with Palm Beach County as disclosed principal rather than with appellant.
[1] A trial court errs by directing a verdict on a breach of contract claim when the evidence presented could support a jury finding that the defendant exercised reasonable c…
[2] A contract for the rental of airport tie-down space for an aircraft constitutes a bailment for the mutual benefit of the parties.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In order for a bailee such as appellant to be liable to a bailor such as appellee, the bailee must be guilty of some fault, such as negligence, that results in harm to the bailed property.”
Establishes the legal standard for bailee liability in a mutual benefit bailment.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKibildis purchased a Cessna 150 aircraft in 1979 and contracted with Palm Beach Aviation to rent tie-down space at Palm Beach International Airport. I…
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DOWNEY, Judge.
Appellee sued appellant in two counts for damages for breach of contract and negligence arising out of the bailment of an airplane. From a judgment on a jury verdict for appellee, appellant has perfected this appeal.
The pleadings and evidence reflect that in 1979 appellee purchased a Cessna 150 aircraft in dismantled condition for the sum of $3,800. Needing a place to tie down the aircraft, appellee contracted with appellant to rent space at Palm Beach International Airport. In August, 1980, in pursuance of that contract appellee tied his airplane down on the rented facilities. A few days later it was discovered that the plane had been vandalized and the engine stolen. Claiming breach of contract and negligence on appellant’s part, appellee commenced this suit. In its answer appellant asserted affirmative defenses involving agency, contributory negligence, and independent intervening cause. At the close of the evidence, the trial court directed a verdict for appellee in the sum of $3,000.
Appellant poses three points on appeal that suggest that the trial court erred a) in allowing the appellee as an owner to testify to the value of the stolen property, b) in holding the contract involved was not a bailment, and c) in holding that, as a matter of law, no agency existed between appellant and Palm Beach County. From our study of the record and appellant’s brief1 we believe appellant’s second and third points demonstrate error. Appellant’s first point was not preserved for appeal because appellant’s objection to appellee’s testimony at trial was based on a ground different from the ground appellant raises here.
Under appellant’s second point appellant argues the direction of the verdict on the contract count was erroneous. We agree.
The contract between the parties was a bailment contract for the mutual benefit of the parties. In order for a bailee such as appellant to be liable to a bailor such as appellee, the bailee must be guilty of some fault, such as negligence, that results in harm to the bailed property. 5 Fla.Jur.2d, Bailment, §§ 9-10.
At trial appellant adduced evidence from which the jury could have concluded that appellant exercised that degree of care toward appellee’s aircraft that a reasonably prudent person would bestow on his own aircraft and was therefore not liable to appellee. Under these circumstances the circuit court should have permitted the jury to decide whether appellant breached its duty of care toward appellee’s property; thus it was reversible error for the court to direct a verdict for appellee on the question whether appellant had breached the bailment contract.
It is also contended that appellant’s agency defense was not moot. On the contrary, if, as appellant alleged, the property was owned by Palm Beach County and appellant was merely the County’s agent in leasing the space and collecting rent, a jury might well find that the liability, if any, would rest with the county as a disclosed principal rather than with appellant. 2 Fla. Jur.2d, Agency and Employment, § 80.
Accordingly, the judgment appealed from is reversed and the cause is remanded for a new trial.
LETTS, C.J., and GLICKSTEIN, J., concur. . Appellee did not favor us with a brief although directed to do so.
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W.R. Grace & Co. - Conn. v. Dougherty, 636 So. 2d 746 (Fla. 2d DCA 1994)…aises a different ground on appeal, the point is not preserved. See Tallahassee Furniture Co., Inc. v. Harrison, 583 So. 2d 744 (Fla. 1st DCA 1991); Johnson v. Canteen Corp., 528 So. 2d 1364 (Fla. 3d DCA 1988); Palm Beach Aviation, Inc. v. Kibildis, 423 So. 2d 1011 (Fla. 4th DCA 1982). Finally, Grace argues that the trial court erred by submitting the issue of Grace’s negligence to the jury. After reviewing the record, we conclude that the trial court did not err because there was sufficient evidence to permi…
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Graves v. State, 548 So. 2d 801 (Fla. 1st DCA 1989)…w is limited to the specific grounds raised below.” Mt. Sinai Hospital of Greater Miami v. Steiner, 426 So. 2d 1154, 1155 (Fla. 3d DCA 1983). See also Johnson v. Canteen Corp., 528 So. 2d 1364 (Fla. 3d DCA 1988), and Palm Beach Aviation v. Kibildis, 423 So. 2d 1011 (Fla. 4th DCA 1982). Appellant argues further that the trial court erred in sentencing him as a habitual offender. The state concedes that the trial court’s reason is insufficient. See Avery v. State, 505 So. 2d 596 (Fla. 1st DCA 1987) (merely reit…
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Puritan Ins. Co. v. Butler Aviation-Palm Beach, Inc., 715 F.2d 502 (11th Cir. 1983)…a dispatcher on duty, registration procedures, placement and tying down of the plane by Butler, and a nightly check — indicate that Butler had control over the aircraft and was properly considered a bailee. See Palm Beach Aviation, Inc. v. Kibildis, 423 So. 2d 1011 (Fla.Dist.Ct.App.1982); Empire Tool Co. v. Wells, 227 So. 2d 76 (Fla. Dist.Ct.App.1969). Although Gullia retained his key (and sent another to a third party) practical control remained with Butler. Other jurisdictions have held that no bailment exis…