This section contains the nature of the case and procedural background.

D entered into an agreement to lease an airplane from Aerolease for a period of one year. After taking off from an airport the plane crashed. The pilot, Donald Palas, and his passenger, Jose Martinez, were killed in the crash. P, as administrator ad litem for Martinez, filed a wrongful death action against Aerolease. Aerolease moved for summary final judgment, in that 49 U.S.C. § 44112 (1994), preempted Florida law. The court entered a summary final judgment in favor of Aerolease. Under Florida's 'dangerous instrumentality' doctrine, the owner or lessor of an aircraft is vicariously liable for the negligent conduct of a pilot. However, the court concluded that 49 U.S.C. § 44112 preempted Florida law and, because Aerolease was not in actual possession or control of the aircraft at the time of the crash, the company was not responsible under the provisions of the federal statute. D appealed, and the appellate court upheld the claim with respect to vicarious liability but overturned the summary judgment on the negligent inspection and maintenance claim. P appealed.

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