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Pass v. Shelby Aviation, Inc.

Tennessee Court of Appeals
2000 WL 388775


Max Pass owned and piloted a single-engine airplane. On December 29, 1993, Pass took the airplane to Shelby Aviation, Inc. (Shelby) (defendant) for inspection and service. Shelby performed maintenance on the airplane and replaced both of the airplane’s rear-wing attach-point brackets. Approximately four months later, Pass and his wife were flying in the airplane and crashed after experiencing turbulence. Both Pass and his wife died as a result of the crash. The estates of Pass and his wife (plaintiffs) sued Shelby, alleging that Shelby had breached express and implied warranties under Article 2 of the Uniform Commercial Code (UCC). Shelby filed a motion to dismiss, arguing that the transaction was not covered by Article 2 of the UCC because the transaction was not for the sale of goods. The trial court denied the motion to dismiss, and Shelby appealed to the Tennessee Court of Appeals.

Rule of Law


Holding and Reasoning (Lillard, J.)

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