Lock v. Packard Flying Service
Nebraska Supreme Court
173 N.W.2d 516 (1970)
- Written by Angela Patrick, JD
Facts
Packard Flying Service, Inc. (Packard) (defendant) was hired to repair a broken rudder, one of the control surfaces on an airplane’s tail. Packard removed the entire rudder but did not place any warning signs on the airplane about this removal. The keys were left in the airplane’s ignition. Evelyn Lock (plaintiff) and her pilot husband did not know about the rudder removal. Lock’s husband was a partial owner of the airplane and decided to fly in it with Lock. Lock’s husband either did not perform a preflight check or did not notice that the entire rudder was missing during his preflight check. Due to the missing rudder, the airplane crashed in flight, injuring Lock. Lock sued Packard for her injuries. A jury found that Packard was not liable, and the trial court dismissed the case. Lock appealed.
Rule of Law
Issue
Holding and Reasoning (Newton, J.)
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