Keenan
State Farm Fire & Casualty Co. v. Keenan
Opinion
Opinion
McCLOSKY, J.
On July 24, 1977, a Piper Lance aircraft (accident aircraft) piloted by Thomas Tobin crashed shortly after takeoff from South Lake Tahoe Airport in El Dorado County. Also on board the accident aircraft were P. Dennis Keenan and three other passengers. Keenan, who had been thrown from the accident aircraft after it hit a tree, received severe injuries when the accident aircraft landed on top of him. As a result of these injuries, both of Keenan’s legs had to be amputated above the knee. Tobin and one passenger were killed. The remaining passengers sustained personal injuries.
The accident aircraft was owned by Norman and Dixie Hueckel (hereafter Hueckels). The Hueckels had purchased the accident aircraft new from El Monte Flight Service (hereafter El Monte), a fixed-base operator, and then leased it back to El Monte who in turn rented the aircraft to others.
On July 21, 1977, Tobin rented the accident aircraft from El Monte for the purpose of traveling to and from the South Lake Tahoe area during the period of July 21, 1977, to July 24, 1977. Tobin had received flight instruction and certification from El Monte and had approximately 240 hours of flying time before the…