Vreeland v. Ferrer
71 So. 3d 70
Fla.2011Background
- Vreeland, as administrator ad litem and personal representative for Martinez, pursued wrongful death against Aerolease for crash of a leased airplane.
- Aerolease moved for summary judgment arguing federal preemption under 49 U.S.C. § 44112 (1994) barred state-law claims.
- Second District affirmed preemption for vicarious liability but reversed on negligent maintenance/inspection claim; court split on scope of preemption.
- Florida dangerous instrumentality doctrine imposes vicarious liability on aircraft owners/lessors even when not in control at time of loss.
- Supreme Court of Florida granted review to resolve conflict with Orefice v. Albert and to interpret § 44112's preemptive reach.
- Court ultimately held that § 44112 preempts only the liability for injuries occurring on the surface of the earth, and does not preempt Florida’s dangerous instrumentality doctrine as applied to a passenger death inside an aircraft.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 44112 preempts Florida's dangerous instrumentality doctrine. | Vreeland argues federal law preempts state liability for vicarious liability. | Aerolease contends § 44112 broadly preempts state tort liability. | Preemption is narrow—applies to ground injuries; not to a death inside the aircraft. |
| Whether the injury/death in this case falls within the geographic scope of § 44112. | Martinez's death occurred during flight, not on land or water. | The statute's “on land or water” language limits preemption to ground injuries. | Death inside aircraft not within “on land or water”; preemption does not bar the claim. |
| What is the proper interpretation of the legislative history to resolve preemption scope? | Florida doctrine should be curtailed by § 44112. | Legislative history supports some preemption but not an all-encompassing bar. | Court adopts narrow, historically grounded interpretation favoring limited preemption. |
Key Cases Cited
- Orefice v. Albert, 237 So.2d 142 (Fla.1970) (airplane dangerous instrumentality; vicarious liability under state law)
- Vreeland v. Ferrer, 28 So.3d 906 (Fla.2d DCA 2010) (disputed preemption scope; district court decision reviewed)
- Grain Dealers Nat'l Mut. Fire Ins. Co. v. Harrison, 190 F.2d 726 (5th Cir.1951) (first application of dangerous instrumentality to aircraft by federal court)
- Rogers v. Ray Gardner Flying Service, Inc., 435 F.2d 1389 (5th Cir.1970) (discussed preemption scope under § 1404/1301(26))
- Storie v. Southfield Leasing, Inc., 90 Mich.App.612 (1999) (preemption analysis tracking § 44112 history)