Laserfiche WebLink
LAW OFFICES OF <br />GOULD, COOKSEY & FENNELL <br />3 2 2 3 OCEAN DRIVE <br />VERD BEACH. FLORIDA <br />JOHN R. GOULD 32960 <br />BYRON T. COOKSEY <br />DARRELL FENNELL <br />XMIRMOOKNROMMMWEW <br />May 11, 1966 <br />MEMORANDUM TO BOARD OF COUNTY COMMISSIONERS <br />OF INDIAN RIVER COUNTY <br />PORT OFFICE ®ox 7 6 O <br />TELEPHONE 567.4357 <br />AREA CODE 305 <br />re: Erdle & Wilder Aircraft, Inc., in its own behalf and in behalf <br />of Peerless Insurance Company, v. Spillman, Board of County <br />Commissioners and Tuerk. <br />This is the suit which involves the destruction of the airplane <br />which Bob Spillman was flying at the time of his death. I have <br />discussed the case with most of you and the following is a brief <br />resum6 of the facts, the law and my opinion. <br />The suit is to recover damages for the breach of a bailment con- <br />tract. A bailment is the use by one person of another person's <br />tangible personal property (such as an automobile, an airplane, etc.). <br />The owner of the property is known as the "bailor" and the user of <br />the property is known as the "bailee". All that the bailor has to <br />prove is that the airplane was in good condition when it was de- <br />livered to the bailee and that it was either returned in a damaged <br />condition or not returned at all. At that point the burden of proof <br />shifts to the bailee who must prove that the airplane was carefully <br />and non -negligently operated and that its damage or destruction was <br />not caused by the carelessness or negligence of the bailee. <br />In my opinion, there is no evidence at all by which Indian <br />River County could sustain its burden of proof and I feel that <br />whatever Judge tried this case would be required to direct a <br />verdict for the plaintiff at the conclusion of the trial. <br />The original case sought damages of $16,885.00 which has been <br />reduced to $12,885.00 because a co-defendant, The Indian River Citrus <br />Bank, paid $4,000.00 to be released from the suit. The plaintiff <br />has offered to release Indian River County from the suit for the <br />same amount of money and, for the reasons stated above, I recommend <br />that you accept this offer. <br />If you choose to accept my recommendation, I suggest that this <br />MAY 11 1966 <br />.ric na 599 <br />