AERONAUTICS CODE OF THE STATE OF MICHIGAN
Act 327 of 1945
259.180a Liability for injury occasioned by negligent operation of aircraft.
Sec. 180a.
(1) Except as otherwise provided in subsection (2), the owner or operator or the person or organization responsible for the maintenance or use of an aircraft shall be liable for any injury occasioned by the negligent operation of the aircraft, whether the negligence consists of a violation of statute, or in the failure to observe ordinary care in the operation of the aircraft, as the rules of the common law require.
(2) The owner of an aircraft shall not be liable for an injury occasioned by the negligent operation of the aircraft, as described in subsection (1), unless the aircraft was being operated with the owner's express or implied consent or knowledge at the time the injury occurred.
(3) "Person or organization responsible for the maintenance or use of an aircraft" does not include a mechanic who is an independent contractor and who has performed work on or furnished materials, supplies, or equipment for an aircraft, or any employee of the mechanic.
History: Add. 1958, Act 114, Eff. Sept. 13, 1958 ;-- Am. 1988, Act 427, Eff. Mar. 30, 1989
Constitutionality Notes:
The aviation guest passenger exception is unconstitutional. Longnecker v Noordyk-Mooney, Inc, 394 Mich 696; 232 NW2d 654 (1975).
Notes of Decisions
Sexton v. Ryder Truck Rental, Inc., 320 N.W.2d 843 (Mich. 1982).
· cites it 14× “MCL 259.180a; MSA 10.280(1). Defendant Southfield Leasing moved for summary judgment alleging that the question of an owner's liability for aircraft injury or death "on the surface of the earth" was controlled by 49 USC 1404; [1] accordingly, this federal legislation preempted…”
Storie v. Southfield Leasing, Inc, 282 N.W.2d 417 (Mich. Ct. App. 1979).
· cites it 18× “MCL 259.180a(1); MSA 10.280(1). Thereafter, defendant moved for summary judgment alleging that Federal legislation, specifically 49 USC 1404, preempted the area of a lessor's liability for airplane collisions, thus rendering the Michigan statute inapplicable.”
Olmstead v. Anderson, 400 N.W.2d 292 (Mich. 1987).
“Eventually, the plaintiff stipulated that the only claim against Southfield Leasing was under the Michigan aircraft owners’ liability statute, MCL 259.180a; MSA 10.280(1), which provides that the owner of an aircraft is liable for any injuries occurring because of the negligent…”
Piper Aircraft Corp. v. Dumon, 364 N.W.2d 647 (Mich. 1985).
· cites it 3× “We are asked to determine whether, in this action for contribution, plaintiff Piper Aircraft Corporation may recover from defendants Logan and Berz such amounts as it has paid to the injured persons, over and above its prorata share, where the liability of defendants Berz is…”
Woodworth v. Gates Learjet Corp., 434 N.W.2d 167 (Mich. Ct. App. 1988).
· cites it 4× “” Plaintiff responded that the Michigan aircraft owners’ liability statute, MCL 259.180a; MSA 10.280(1), imposed liability on these defendants for negligent maintenance.”
Longnecker v. Noordyk-Mooney, Inc, 232 N.W.2d 654 (Mich. 1975).
· cites it 3× “The contested statute is MCLA 259.180a; MSA 10.280(1) which reads, in part: "(1) * * * No person transported by the owner or operator or the person responsible for the maintenance or use of any aircraft as a guest without payment for such transportation shall have a cause of…”
Longnecker v. Noordyk-Mooney, 207 N.W.2d 163 (Mich. Ct. App. 1973).
· cites it 4× “Longnecker was a "guest passenger” under the terms of MCLA 259.180a; MSA 10.280(1), the case was submitted to the jury, over the plaintiffs’ objection, on a standard of "gross negligence or wilful and wanton misconduct” rather than ordinary negligence.”
Mich. Comp. Laws § 259.180a(1): 1 case
Storie v. Southfield Leasing, Inc, 282 N.W.2d 417 (Mich. Ct. App. 1979).
“MCL 259.180a(1); MSA 10.280(1). Thereafter, defendant moved for summary judgment alleging that Federal legislation, specifically 49 USC 1404, preempted the area of a lessor's liability for airplane collisions, thus rendering the Michigan statute inapplicable.”
Mich. Comp. Laws § 259.180a(2): 1 case
Longnecker v. Noordyk-Mooney, 207 N.W.2d 163 (Mich. Ct. App. 1973).
“Longnecker was a "guest passenger” under the terms of MCLA 259.180a; MSA 10.280(1), the case was submitted to the jury, over the plaintiffs’ objection, on a standard of "gross negligence or wilful and wanton misconduct” rather than ordinary negligence.”
Mich. Comp. Laws § 259.180a(l): 2 cases
Storie v. Southfield Leasing, Inc, 282 N.W.2d 417 (Mich. Ct. App. 1979).
“MCL 259.180a(1); MSA 10.280(1). Thereafter, defendant moved for summary judgment alleging that Federal legislation, specifically 49 USC 1404, preempted the area of a lessor's liability for airplane collisions, thus rendering the Michigan statute inapplicable.”
Longnecker v. Noordyk-Mooney, 207 N.W.2d 163 (Mich. Ct. App. 1973).
“Longnecker was a "guest passenger” under the terms of MCLA 259.180a; MSA 10.280(1), the case was submitted to the jury, over the plaintiffs’ objection, on a standard of "gross negligence or wilful and wanton misconduct” rather than ordinary negligence.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.