Omni Flying Club, Inc. v. Cessna Aircraft Co.

This case arises from the problems encountered by the plaintiff after its purchase of a used airplane manufactured by the defendant. The original declaration was in three counts, one of which was a count in negligence and the other two counts were for breach of warranty. At the conclusion of the evidence, the plaintiff waived the two counts in warranty and proceeded solely in negligence. The sole issues as to proof of liability submitted to the jury were whether the defendant assembled the airplane negligently and sent it out to the buying public without adequate inspection and, if so,…