Franks v. Amelia Reid Aviation

Opinion

RACANELLI, P. J.

On November 4, 1977, a small private airplane rented from respondent Amelia Reid Aviation (owner or Reid) crashed killing

[1209]

the pilot and three nonpaying passengers. It is undisputed that pilot negligence was the proximate cause of the fatal accident. Appellants instituted a wrongful death action against respondent Reid, inter alia, ultimately framed as a single cause of action for negligence per se based upon respondent Reid’s alleged noncompliance with the written notice requirement of Public Utilities Code section 24362

1

regarding insurance coverage under the provisions of the Uniform Aircraft Financial Responsibility Act (§ 24230 et seq.). At the conclusion of the hearing on cross-motions for summary judgment and adjudication of issues, the trial court denied appellants’ motion for summary judgment, granted respondent’s motion for summary adjudication that no liability attached under section 24362 and dismissed the challenged action. This appeal followed.

Discussion

The purpose of the Uniform Aircraft Financial Responsibility Act (hereafter Act) is “to establish minimum standards for aircraft financial responsibility, . . .” (§ 24410.) Minimum liability coverage is required for

third

party, nonpassenger claimants injured or killed as a result of the accident. (§§ 24350, subd. (b) and 24351, subd. (c);

National Ins. Underwriters

v.

Carter

(1976) 17 Cal.3d 380 [131 Cal.Rptr. 42, 551 P.2d 362].) The legislation is designed to provide coverage protection to

ground

victims otherwise unable to foresee or guard against risk of loss or injury due to small aircraft in flight: “Coverage for these innocent victims is statutorily