BOCA AVIATION, INC. v. FAMIGLIETTI

No. 85-1116.

502 So.2d 1287 (1987)

BOCA AVIATION, INC., Florida Airmotive of Boca Raton, Inc., Florida Atlantic University and Board of Regents, Appellants, v. Michelle FAMIGLIETTI, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied March 20, 1987.


Attorney(s) appearing for the Case

Larry Klein of Klein & Beranek, P.A., West Palm Beach, and Howard E. Barwick of Barwick & Dillian, Miami Shores, for appellants.

John P. Graves, Jr., of John P. Graves, Jr., Chartered, Sarasota; William D. Maddux & Associates, Chicago; and Cohen, Scherer and Cohn, P.A., North Palm Beach, for appellees.


LETTS, Judge.

The pertinent question is whether a small general aviation airport is negligent simply because it does not have a traffic control tower. The trial judge answered the question in the affirmative. We disagree and reverse.

The deceased pilot was flying with his wife and two daughters from one small airport to another when engine trouble apparently interrupted his flight plan and he made the unilateral decision to set down at a third airport, that...

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