Scofield v. Critical Air Medicine, Inc

Facts

Nancy, the mother of Erin, Laura, and David, was killed in a truck accident in Baja California, Mexico. Thirteen-year-old David was seriously injured, and eleven-year-old Erin and eight-year-old Laura suffered minor injuries. P, Nancy's husband and the father of the children, was contacted in the Los Angeles area. P then called several air transport services because David was in a coma. P discovered that the Guerrero Negro airstrip had no lights and it would be impossible to fly the children out until the next morning. The American Consulate contacted Bi-National Health Committee. Arrangements were made, and P was informed that an 'Air Evac 421 flight team' would be ready to depart from Montgomery Field in San Diego to retrieve his children. Bi-National then received a call from a Critical Air employee, Carlos Ayala. Upon learning of the arrangements, Ayala stated, ' 'Don't bother, we're going to go pick them up. We already have the information.' Bi-National told Ayala they were taking care of the situation. Bi-National hen contacted a Red Cross worker named Francisco Amador in Guerrero Negro. She told Amador 'the [Scofield] children were not to be discharged to anybody other than this specific [Air Evac] crew.' Air Evac pilot, Richard Jones, got a crew ready to fly to Guerrero Negro. Jones obtained a United States customs number and was informed Critical Air was also planning a flight to Guerrero Negro. Jones telephoned the Air Evac flight coordinator for clarification. The flight coordinator told Jones to continue with his flight plan and at approximately 8 p.m. on December 29, 1990, Jones and his crew left Montgomery Field, flying toward Tijuana, Mexico. Immediately after the Air Evac plane completed its take-off, Critical Air's plane took off from a different runway at Montgomery Field. The Critical Air pilot, Stuart Bachman, knew an Air Evac plane was also flying to Guerrero Negro. As the two planes approached the Tijuana airport, Bachman maneuvered his plane in front of and below Air Evac's plane, forcing the Air Evac plane to turn to avoid a collision. As a result, the Critical Airplane landed first, proceeded through customs, and left ahead of the Air Evac plane. The Critical Aircrew, whose clothing nor plane had no distinctive markings, quickly loaded the three Scofield children onto the plane. Before the Air Evac plane landed in Guerrero Negro, Bachman had taken off. Bi-National informed P she was not sure which service would transport the children, and at which airstrip they would be landing. P was extremely upset. Several days later, David died. P sued D for negligence; fraud, by misrepresentation or concealment of its lack of authority to transport the children; false imprisonment of the children; intentional infliction of emotional distress; and conspiracy in transporting the children. The court granted D's motions for nonsuit as to the causes of action for fraud, intentional infliction of emotional distress and conspiracy, and struck the punitive damages allegations. The causes of action for negligence and false imprisonment were submitted to the jury. With regard to Erin's, Laura's and David's claims of false imprisonment, pursuant to a general verdict, the jury awarded Erin and Laura $60,000 each in damages, and David, $68,583.42 in damages, for a total of $188,583.42. D moved for judgment notwithstanding the verdict and a new trial. The trial court granted the motion for new trial as to the $68,583.42 awarded to David's estate, and otherwise denied the motions. D appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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