Note that in its controversial decision in Vreeland v. Ferrer, 71 So. 3d 70, 73 (Fla. 2011), cert. denied, 132 S. Ct. 1557 (2012)[free copy available here], the Florida Supreme Court held that, “a state law claim brought against an aircraft lessor under Florida’s ‘dangerous instrumentality’ doctrine for the death of the leased aircraft’s passenger was not preempted by 42 U.S.C. §44112 because the passenger was killed while in the plane and not while on the ground beneath the plane”. Contemporaneous Smith, Gambrell & Russell LLP newsletter.
Rosado v. DaimlerChrysler Financial Services Trust., SC09-390 Slip copy (Supreme Court of Florida, April 4, 2013). Free copy available here.