Haedo Transportation Solutions, LLC v. Signature Flight Support, LLC
In a negligence suit arising from aircraft damage during a hangar tow, the Third DCA affirmed on all three issues: the contractual jury trial waiver (backed by a written non-waiver clause) was enforceable and was not forfeited by mere litigation delay; any error in granting summary judgment on the simple negligence claim via exculpatory clauses was rendered harmless by the bench trial finding that Signature committed no negligent act causing damage to the aircraft's nose gear.
Key facts
- Haedo stored its aircraft at Signature's Miami hangar under a written agreement that included exculpatory clauses, a jury trial waiver, and a non-waiver clause requiring all waivers to be in writing.
- Approximately one month after execution, Haedo's aircraft was damaged; Haedo alleged Signature's employee over-torqued the nose gear during a hangar tow and sued for simple and gross negligence.
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Holdings
- Under Florida law, contractual jury trial waivers are enforceable; when the contract also contains a non-waiver clause requiring all waivers to be explicitly set forth in writing, mere…
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