Pass v. Shelby Aviation, Inc.

2000 WL 388775 (2000)

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Nature of the Case

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Facts

P and his wife, Martha departed in the aircraft inspected by D and lost control of the aircraft, and the plane crashed. Approximately four and a half months prior to the flight P took his airplane to D for inspection and service. In servicing the aircraft, D replaced both rear wing attach point brackets on the plane. The administratrix of the estate, filed suit against D alleging that the rear wing attach point brackets sold and installed were defective because they lacked the bolts necessary to secure them to the airplane. P asserted claims for breach of common law warranty, and breach of express and implied warranties under UCC Article 2. D filed a motion to dismiss, contending that the transaction with P had been primarily for the sale of services, rather than of goods and that consequently the transaction was not covered by UCC Article 2. D claims that all parts replaced on the plane were installed pursuant to the requirements of the annual inspection; and that the parts sold had not come from stock maintained by D but instead had been ordered specifically for P's airplane. The trial court denied D's motion to dismiss. D filed a motion for permission to file an interlocutory appeal of the trial court's denial of its motion to dismiss, and it was granted.