AEROVIAS COLOMBIANAS, LTDA., A/K/A ARCA AIRLINES, APPELLANT,
v.
LUIZ PAIZ AND EULALIA PAIZ, APPELLEES
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Aerovias Colombianas (Arca Airlines) appealed the denial of its motion for summary judgment seeking workers' compensation immunity. The court reversed, holding that the airline was entitled to immunity because maintaining and servicing aircraft to fulfill contractual cargo transportation obligations falls within the scope of workers' compensation immunity.
Arca Airlines is entitled to workers' compensation immunity. The airline's contractual obligations to transport cargo for its customers require that all aircraft in its fleet designated for that purpose be properly maintained and serviced, regardless of which specific aircraft is used or whether that particular aircraft was currently under contract with a customer at the time of the maintenance work.
[1] An airline is entitled to workers' compensation immunity when performing necessary maintenance and upkeep on its fleet of aircraft to meet its contractual obligations to…
[2] The fact that a specific aircraft was out of service or not designated for a particular customer's cargo is not legally relevant to determining an airline's entitlement t…
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Join FLexlaw to unlock all legal intelligence“Area is contractually obligated to its customers to transport their cargo to its intended destination. Which particular aircraft is used to perform the contract is not the customer's concern.”
Establishes that the specific aircraft's designation is irrelevant to the airline's contractual maintenance obligations
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Join FLexlaw to unlock all legal intelligencePaiz was injured while preparing an area of an Arca Airlines aircraft for painting. The aircraft had been out of service for a year before the acciden…
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[*823] NESBITT, Judge.
Area Airlines appeals an order denying its motion for summary judgment finding that it was not entitled to workers’ compensation immunity as a matter of law. We reverse on the indistinguishable authority of Delta Air Lines, Inc. v. Cunningham, 658 So. 2d 556 (Fla. 3d DCA 1995), rev. denied, 668 So. 2d 602 (Fla.1996).
Paiz’ attempts to distinguish Delta are unavailing. Paiz argues that Delta is distinguishable because, in this case, Area did not have an existing contract to transport cargo in the aircraft Paiz was working on. Paiz further argues that here, unlike in Delta, the airplane being worked on had been out of service for a year before the accident and another six months after the accident. Finally, Paiz argues Area’s contractual obligations to its customers did not require it to paint the airplane; Paiz was preparing an area of the airplane for painting when he was injured.
The fact that this specific aircraft had been out of service and was not specifically designated to carry a certain customer’s cargo is not legally relevant. Area is contractually obligated to its customers to transport their cargo to its intended destination. Which particular aircraft is used to perform the contract is not the customer’s concern. In order to meet its contractual obligations, Area was performing necessary maintenance and upkeep on one of the aircraft in its fleet. Obviously, the purpose of this maintenance and service was to have the aircraft once again fulfilling Area’s contractual obligations to transport cargo.
Similarly, in Delta, this court discussed the fact that Delta had an “express and implied contractual obligation to its customers to maintain its equipment properly, and it subcontracted part of that overall responsibility to Intex.” Delta, 658 So. 2d at 557. Clearly, it was not relevant to either the customers, or the court’s resolution, which airplane Delta used to transport its customers. The important fact is that all airplanes Delta intended to use to fulfill its contractual obligations had to be properly serviced and maintained.
Thus, we reverse the order appealed and remand for entry of summary judgment in Area’s favor.
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DELTA AIR Lines, Inc. v. Cunningham, 658 So. 2d 556 (Fla. 3d DCA 1995)