Allen v. Cooper

Smith, Judge.

The trial court granted Standard Oil’s motion for summary judgment, and Allen and Brooker appeal. We affirm.

Allen and Brooker sued for damages received as a result of their plane’s emergency landing at Cordele Airport. At the airport, Cooper, co-defendant below, sold exclusively Standard Oil fuel. Cooper’s employees inadvertently fueled appellants’ plane with jet fuel instead of the required aviation gasoline; on take-off, the plane’s engine failed, causing the emergency landing. The engine’s failure was allegedly due to the employees’ improper fueling.

Appellants contend the…