Schmidt v. Tavenner's Towing & Recovery, LLC
Decision Date | 14 June 2019 |
Docket Number | No. A-1-CA-35863,A-1-CA-35863 |
Citation | 448 P.3d 605 |
Parties | Donald L. SCHMIDT, Individually, Mary Lee Schmidt, Individually, Laura Tweed, and Pegasus Planes LLC, as Power of Attorney for Donald L. Schmidt and Mary Lee Schmidt, Plaintiffs-Appellants, v. TAVENNER’S TOWING & RECOVERY, LLC, and Fred Garner, Defendants-Appellees. |
Court | Court of Appeals of New Mexico |
Michael Danoff & Associates, P.C., Michael L. Danoff, Ryan P. Danoff, Albuquerque, NM, for Appellants.
Lewis Brisbois Bisgaard & Smith LLP, Ryan T. Saylor, Albuquerque, NM, for Appellees.
{1} Plaintiffs, Donald and Mary Schmidt, owners of a Glastar aircraft (the airplane), sued Defendant, Tavenner’s Towing & Recovery, LLC (Tavenner’s), on claims for negligence, breach of implied contract, and breach of the implied covenant of good faith and fair dealing, after the airplane caught fire and was completely destroyed while being towed by Tavenner’s.1 The district court granted Tavenner’s Rule 1-012(B)(6) NMRA motion to dismiss, arguing that the Federal Aviation Administration Authorization Act (FAAAA), 49 U.S.C. § 14501(c)(1) (2012), preempted Plaintiffs’ claims. We reverse and remand.
{2} The facts alleged in the amended complaint are as follows. In late 2014, Plaintiffs’ airplane crashed in Torrance County, New Mexico. The Torrance County Sheriff’s Department contacted Tavenner’s to pick up the airplane. Tavenner’s took possession of the airplane, loaded it onto a tow truck, and was in the process of towing the airplane when it caught fire and was completely destroyed. All claims were based on allegations that Tavenner’s failed to properly load, care for, and transport the airplane and that this caused the airplane’s destruction. The complaint alleges no other conduct resulting in the damages claimed.
{3} Tavenner’s filed a motion to dismiss under Rule 1-012(B)(6), arguing that "Plaintiffs’ allegations concern the transportation of personal property from a crash site in Moriarty, New Mexico, to Tavenner’s Towing & Recovery in Moriarty, NM" and that the FAAAA expressly preempts Plaintiffs’ claims. After briefing and a hearing on the matter, the district court entered a memorandum of decision stating that it had reviewed the cases cited by the parties and concluded that Plaintiffs’ claims against Tavenner’s should be dismissed on the basis of preemption. This appeal followed.
{4} "A district court’s decision to dismiss a case for failure to state a claim under Rule 1-012(B)(6) is reviewed de novo." N.M. Pub. Schs. Ins. Auth. v. Arthur J. Gallagher & Co. , 2008-NMSC-067, ¶ 11, 145 N.M. 316, 198 P.3d 342 (internal quotation marks and citation omitted). Preemption is a question of law reviewed de novo. See Humphries v. Pay & Save, Inc. , 2011-NMCA-035, ¶ 6, 150 N.M. 444, 261 P.3d 592.
{5} A motion to dismiss under Rule 1-012(B)(6) "merely tests the legal sufficiency of the complaint[,]" by inquiring whether the complaint alleges facts sufficient to establish the elements of the claims asserted. Envtl. Improvement Div. of N.M. Health & Env’t Dep’t v. Aguayo , 1983-NMSC-027, ¶ 10, 99 N.M. 497, 660 P.2d 587 ; see C & H Constr. & Paving, Inc. v. Found. Reserve Ins. Co. , 1973-NMSC-076, ¶ 9, 85 N.M. 374, 512 P.2d 947. Under this inquiry, "the well-pleaded material allegations of the complaint are taken as admitted; but conclusions of law or unwarranted deductions of fact are not admitted." C & H. Constr. & Paving, Inc. , 1973-NMSC-076, ¶ 9, 85 N.M. 374, 512 P.2d 947 (internal quotation marks and citation omitted). "A complaint may be dismissed on motion if clearly without any merit; and this want of merit may consist in an absence of law to support a claim of the sort made, or of facts sufficient to make a good claim[.]" Id. (alteration, internal quotation marks, and citation omitted).
{6} Courts addressing motions to dismiss based on the argument that claims are expressly preempted by federal law ask whether the complaint’s allegations show that the preemption provision at issue encompasses a plaintiffs’ claims. See Travel All Over the World, Inc. v. Kingdom of Saudi Arabia , 73 F.3d 1423, 1428-31 (7th Cir. 1996) ( ); cf. Dan’s City Used Cars, Inc. v. Pelkey , 569 U.S. 251, 260, 133 S.Ct. 1769, 185 L.Ed.2d 909 (2013) ( ); Boyz Sanitation Serv., Inc. v. City of Rawlins , 889 F.3d 1189, 1198 (10th Cir. 2018) ( ).
{7} The preemption doctrine is rooted in the Supremacy Clause of the United States Constitution, which provides that "the Laws of the United States ... shall be the supreme Law of the Land[.]" U.S. Const. art. VI. "Congress has the power to preempt state law." Choate v. Champion Home Builders Co. , 222 F.3d 788, 791 (10th Cir. 2000) ; see Oneok, Inc. v. Learjet, Inc. , ––– U.S. ––––, 135 S. Ct. 1591, 191 L.Ed.2d 511 (2015) ( ). CSX Transp, Inc. v. Easterwood , 507 U.S. 658, 663-64, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993) (internal quotation marks and citation omitted); see Cipollone v. Liggett Group, Inc. , 505 U.S. 504, 516-17, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992) ( ); see also Palmer v. St. Joseph Healthcare P.S.O., Inc. , 2003-NMCA-118, ¶¶ 38-39, 134 N.M. 405, 77 P.3d 560 ( ).
{8} Tavenner’s argues that the FAAAA expressly preempts Plaintiffs’ state common-law claims. Accordingly, "we must use ordinary principles of statutory interpretation to evaluate whether the state law falls within the scope of the federal provision precluding state action[,]" and "focus on the plain wording of the clause, which necessarily contains the best evidence of Congress’ pre[ ]emptive intent." Boyz Sanitation Serv., Inc. , 889 F.3d at 1198 (internal quotation marks and citation omitted); see Dan’s City , 569 U.S. at 260, 133 S.Ct. 1769 ( ). "[T]he defendant bears the burden of showing Congress’ intent to preempt." Self v. United Parcel Serv., Inc. , 1998-NMSC-046, ¶ 7, 126 N.M. 396, 970 P.2d 582.
{9} The preemption provision at issue here evolved from a statute concerning deregulation of the domestic airline industry, summarized by the United States Supreme Court as follows:
Dan’s City , 569 U.S. at 255-56, 133 S.Ct. 1769 ( ).
{10} Section 14501 of the FAAAA, entitled "Federal authority over intrastate transportation," provides in relevant part:
[A s]tate ... may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier ... with respect to the transportation...
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