Dixon

The City of Livermore (the City) appeals after the trial court found it vicariously liable for injuries suffered by plaintiffs in a helicopter crash at an air show held at the Livermore Municipal Airport (Airport), and managed by Wings for Charity, Inc. (Wings). We conclude there is no substantial evidence to support the trial court’s conclusion that Wings’s negligent acts or omissions caused plaintiffs’ injuries. Accordingly, there is no basis to hold the City vicariously liable, and we reverse the judgment.

I. BACKGROUND

Plaintiff Ellen Dixon and her husband, David Dixon, attended an air show at the Airport on September 10, 1995. They took a helicopter ride piloted by James Crist (Crist). The helicopter crashed during the ride, killing David Dixon and seriously injuring Ellen Dixon.

A. Pretrial and Trial Proceedings

Ellen Dixon, her son Joesph Dock, and David Dixon’s son David Dixon, Jr., (plaintiffs) filed a claim against the City. They claimed the City had participated in the air show by contributing use of Airport grounds and facilities, and of various City employees, such that the City had “joint-ventured” the air show and its activities, and that it had…