Hill Air of Gadsden, Inc. v. Marshall

Hill Air of Gadsden, Inc. (hereinafter "Hill Air"), appeals from a judgment against it and in favor of Richard Marshall. Marshall sued Hill Air for damage to his Cessna 210 aircraft that occurred during a windstorm while the aircraft was moored at Hill Air's tie-down facility at the Gadsden Municipal Airport. The two theories Marshall included in his complaint were (1) breach of a bailment contract and (2) negligence.

Hill Air raised the affirmative defense of contributory negligence and further asserted that any and all damage to the aircraft was proximately caused by an act of God.

The case…