Dziura v. California Aviation Service, Inc.

Opinion

DEVINE, P. J.

Plaintiff, a 23-year-old student at defendant corporation’s school of aviation, was severely injured when he was struck by a propeller. His complaint charges defendants with negligence and, in a second count, with wanton and reckless conduct in that the school, by its pilot instructor, directed plaintiff to remove obstructions on the ground in the path of an airplane while the propeller was moving. Defendants generally denied the charging allegations and set up the defenses of contributory negligence and assumption of risk as to both causes. A jury found for defendants by…