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CUMMINS v. SKY CRUISERS, INC.

Docket No. 46451.

59 Cal.App.3d 983 (1976)

130 Cal. Rptr. 897

DOROTHY CUMMINS, Plaintiff and Appellant, v. SKY CRUISERS, INC., et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Two.

July 12, 1976.

Attorney(s) appearing for the Case

COUNSEL

Thomas E. Rubbert, Hagenbaugh & Murphy and Patrick F. Sheehy for Plaintiff and Appellant.

Green, Royce & Seaman, Carol E. Freis and Ronald S. Smith as Amici Curiae on behalf of Plaintiff and Appellant.

William G. Tucker, Kenneth C. Wilke, Jr., Maria Grabowski Shapiro, Shield & Smith and Timothy L. Walker for Defendants and Respondents.

OPINION

COMPTON, J.

Thomas Cummins died on June 21, 1969, in the crash of a Piper Cherokee Six airplane piloted by Wiley Gilreath and rented from Sky Cruisers, Inc. Cummins' wife Dorothy brought this action for wrongful death against Sky Cruisers for vicarious liability as owner of the airplane for the negligence of Gilreath in the operation of the airplane. The trial court found Gilreath negligent but nevertheless found in favor...

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