John K. Vreeland v. Danny Ferrer

Summary

The court held that the federal aircraft-owner liability statute only impliedly preempts Florida's dangerous-instrumentality doctrine for injuries, deaths, or property damage occurring on the surface of the earth. Because the passenger died inside the aircraft, Florida law was not preempted, and the lower court erred by entering summary judgment on the vicarious-liability claim. The court declined to review the negligent-maintenance and inspection claim because the record was incomplete and disputed factual issues appeared. Justice Polston, dissenting, would have held that the federal statute preempted the vicarious-liability claim based on the ordinary meaning of "on land or water."