Summary 2009 WY 98

Summary of Decision issued August 14, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Aviat Aircraft, Inc. v. Saurenman

Citation: 2009 WY 98

Docket Number: S-08-0143

Appeal from the District Court of Lincoln County, the Honorable Dennis L. Sanderson, Judge.

Representing Appellant Aviat: J. Kent Rutledge and James C. Kaste, of Lathrop & Rutledge, PC, Cheyenne, Wyoming.

Representing Appellee Saurenman: Marvin L. Tyler and Ford T. Bussart of Bussart, West & Tyler, PC, Rock Springs, Wyoming; Peter Tolley of Foster, Swift, Collins & Smith, PC, Grand Rapids, Michigan.

Facts/Discussion: Aviat sought review of the district court’s Judgment in Accordance with Verdict. Saurenman worked for Aviat, a corporation wholly owned by Stuart Horn, who was its president and the person in control of its day-to-day operations. Saurenman contended he was constructively discharged in early 2004. Saurenman later moved to North Carolina where he housed the Monocoupe plane in a “garage” that was open to the elements. The damage/deterioration that occurred while the Monocoupe was in the hangar pending trial (2004-2007) remained at issue.
Law of bailment (vs. Conversion): Aviat characterized Saurenman’s actions with respect to the Monocoupe as conversion and that the conversion had persisted for over three years despite the district court’s preliminary injunction. The district court found from the materials in the record that Saurenman came into possession of the Monocoupe lawfully and none of the district court’s findings could be read to suggest that Suarenman’s lawful possession ever transformed to conversion by his refusal to return the plane when demanded to by Aviat.
A gratuitous bailment assumes that the bailee has notice or knowledge that he has possession of the disputed goods. Where possession of goods is imposed upon a person without his permission, that person is known as an involuntary bailee and he is under a duty of reasonable care to protect the receptacle in the condition in which it was received. The district court determined that Saurenman was an involuntary bailee following the preliminary order and had no choice but to hold the aircraft by keeping it in his hangar until the receiver obtained possession of it or until the jury determined the rightful ownership.

Conclusion: To the extent the district court made finding of facts, the Court concluded that none of them was clearly erroneous. The Court concluded the district court’s application of the law to the facts was correct. The terminology used by the parties and the district court may have been a bit too loose, however the result was fully consistent with the law generally applicable to circumstances as in the instant case.

Affirmed.

J. Hill delivered the decision.

Link: http://tinyurl.com/ov3rex .

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