Ellis v. BELL AEROSPACE CORPORATION

OPINION

ALFRED T. GOODWIN, District Judge.

Don Ellis paid Bell Aerospace Corporation $102,110 for a new helicopter. The helicopter was substantially destroyed while Ellis and a Bell flight instructor were taking the first of five training flights that were contemplated in the purchase agreement. Ellis brings this action to recover the purchase price.

Relying on the Uniform Commercial Code, ORS 72.5090(3), Ellis contends that at the time of the crash Bell bore the risk of loss because Ellis had not received the helicopter. He also contends that the sole proximate cause of the crash was the…