COMMERCIAL (BUSINESS TORT) / Plaintiff aircraft purchaser made out a case of negligent misrepresentation under Missouri law against defendant overhaul provider “for failing to log or disclose previous fuel tank repairs”. This was despite absence of any direct dealings between plaintiff aircraft purchaser and defendant overhaul provider. Rationale: Overhaul provider “had a public duty created by federal aviation regulations to disclose the repairs”.

Dannix Painting, LLC v. Sherwin-Williams Co., 2012 WL 6013217 (U.S. District Court, E.D. Mo., December 3, 2012. Free copy available here.

Cited to B.L. Jet Sales, Inc. v. Alton Packaging Corp., 724 S.W.2d 669 (Missouri Court of Appeals, January 6, 1987). Free copy available here.

Who is affected? Purchasers of aeronautical goods that are subject to the Federal Aviation Regulations (14 Code of Federal Regulations); service providers obligated to make records of service on such goods under Federal Aviation Regulations. Continue reading