Allred v. Brown

893 P.2d 1087 (1995)

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Allred v. Brown

Utah Court of Appeals
893 P.2d 1087 (1995)

Facts

Arthur Ritter and Larry Brown (defendants) owned several air-transport businesses, for which Brown was a pilot. Douglas Allred and George Diumenti (plaintiffs) owned an airplane. Ritter signed a contract to lease the plane from Diumenti. Brown did not sign the lease, but he was present for the negotiations, during which Diumenti insisted that Brown get insurance before flying the plane. Several days after signing the lease, Diumenti delivered the airplane keys to Brown. At this meeting, Diumenti again told Brown to get insurance before flying the plane. Brown flew the airplane uninsured and crashed it, causing significant damage. Allred and Diumenti sued Ritter and Brown for damages. The trial court held Brown liable, reasoning that Brown and Diumenti had entered into a bailment agreement that included an express provision requiring Brown to obtain insurance prior to flying the airplane. Brown appealed.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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