USING SKILLS WITH IRAC LEGAL WRITING SYSTEM

QUAM v. NELSON RYAN FLIGT SERVICE

144 N.W. 2d 551 Minn.1966)



QUAM v. NELSON RYAN FLIGT SERVICE

144 N.W. 2d 551 Minn.1966)

Issue

The plaintiff, Burton Quam, was assigned a parking place for his single engine airplane on the defendant's Nelson-Ryan Flight Service, premises. While the plane was parked on the defendant's premises, one of the tie-+down ropes broke during a severe storm. The airplane was thrown about in the storm resulting in damage to the plane. The trial court (Municipal Court, Hennepin County, Minnesota) indicated to the jury that,

•In order to recover on his claim, the plaintiff had to prove by the preponderance of the evidence that the rope furnished by the defendant was defective or insufficient for its use,

•The defendant's failure to furnish a rope sufficient for its intended use was a direct cause of the damage; and

•The plaintiff had to prove by a preponderance of the evidence the contributory negligence and assumption of risk of the defendant.

Rule

Jury in the trial court found there had been breach of duty on the part of Nelson-Ryan. As operator of a flight service that assigned to Burton Quam appeal, the Supreme Court of Minnesota ruled that one who furnishes equipment for compensation for a business use by another, under circumstances where the person retains the exclusive right to maintain the equipment, and it is foreseeable that damage might result from defects to it, owes a duty to use reasonable care to provide equipment which is safe for its intended use and free from defects of which the person has knowledge, or which could have been discovered by use of reasonable care.

Application

On the basis of the record, there was a fact question as to whether or not the rope, which broke, was defective. The jury had the opportunity to ...