Avery v. Campbell

Rogosheske, Justice.

Appeal by Gopher Aviation, Inc., as intervenor, from an order denying its motion to intervene and to set aside a default judgment obtained by plaintiff, Tom Avery, against defendant, Dana Campbell, in an action for personal injury damages arising out of the crash of a helicopter leased by Gopher to Avery.

The accident giving rise to the suit by Avery against Campbell occurred on November 3, 1964. This was 11 days after Gopher, engaged in the sale and rental of aircraft at Rochester, leased the helicopter to Avery pursuant to a written lease. The lease included a provision…