California Court of Appeal

In a suit against a county for allegedly creating a dangerous condition at a county-owned airport that resulted in damage to the plaintiff's aircraft, in which the trial court granted a motion in limine to preclude the plaintiff from introducing evidence of safety standards relating to airport design and construction, other than the standards established by the federal government, the trial court's judgment in favor of the county is reversed, where the trial court erroneously concluded that state tort law on the standard of care is impliedly preempted by safety standards in an FAA advisory circular, since those standards are not regulations and do not constitute federal law.

Appellate Information

• Decided 03/20/2012
• Published 03/20/2012

Judges

• Yegan

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lloyd Kirschbaum, Peter J. McBreen