The Fourth Court of Appeals in San Antonio has ended an eight-year contract dispute involving an aircraft that transported Die Hard star Bruce Willis from Ohio to New York.
In a ruling issued July 2, a three-justice panel determined that San Antonio-based BMH Air and New York-based Evolution Jets were entitled to damages from Austin-based Saturn Aviation stemming from costs they incurred in repairing the aircraft, an Embraer EMB-135BJ, to airworthy condition.
The disagreement began in August 2017 when a crew working a chartered flight for Willis was unable to start the aircraft’s auxiliary power unit, which is a small turbine engine in the tail of an aircraft, sparking a contractual dispute involving multiple provisions of contracts over the airworthiness and leasing of the aircraft.
BMH and Evolution had a dry lease agreement — where the owner provides an aircraft to the operator without any crew, maintenance or insurance — in which BMH transferred operational control over an aircraft to Evolution.
Separately, Evolution entered into a dry sublease agreement with Saturn Aviation, which agreed to provide everything needed to operate the plane as a charter. In return, Evolution agreed to reimburse Saturn for operating and other expenses.
After the chartered flight for Willis eventually made it to its destination in New York, Evolution sent Saturn a notice of termination, grounding the aircraft and ending the relationship for allegedly putting passengers’ lives at risk.
BMH and Evolution sued Saturn, alleging breach of contract and tort claims, and sought declaratory and equitable relief, damages and attorney fees. BMH also applied for a writ of sequestration, seeking possession of the aircraft from Saturn.
Saturn asserted counterclaims against BMH and Evolution for breach of contract and unjust enrichment, costs and expenses.
Gillespie District Court Judge Stephen B. Ables granted BMH possession of the aircraft and ordered the company to place $375,000 as a sequestration bond. Following a bench trial in 2022 that lasted several days, the trial court rendered judgment in favor of BMH and Evolution on their breach of contract claims against Saturn.
Saturn appealed the case in 2023 and BMH cross-appealed. In August 2024, the appellate court abated and remanded the case to the trial court to amend its findings of fact and conclusions of law. The appellate court lifted the abatement in March and heard oral arguments from the parties in April.
“But, unlike Willis’s character John McClane, who refuses to die despite taking on terrorists single-handedly, today we put this dispute to rest, affirming in part, reversing and rendering in part, and remanding in part to the trial court for entry of judgment in accordance with our decision,” Justice Lori Massey Brissette wrote in the memorandum opinion.
The opinion quoted Die Hard five times and once each for Pulp Fiction, Striking Distance and Armageddon.
The appellate court affirmed damages awarded to BMH Air a total of $954,973.11. The court also affirmed the final judgment awarding $60,000 to Evolution Jets.
While the court affirmed on three points, it also reversed on two points.
The award of $197,400 to BMH of costs for a replacement aircraft was reversed, along with the award of $18,595 to Evolution of incidental and consequential costs to assist BMH in retaking possession of the aircraft, its inspection and repair and returning it to service.
The case has been remanded to the Gillespie District Court for entry of a judgment that comports with the decision of the appellate court, as well as any prejudgment and post-judgment interest on such sum, and costs allowable by law, to be determined and calculated by the trial court.
Chad Baruch of Johnston Tobey Baruch represented the appellees.
“We are delighted with the court’s decision. The court’s opinion is exceedingly thorough, analyzing the contracts in detail and applying established principles of Texas contract law to reach what we view as the correct outcome,” Baruch told The Texas Lawbook. “The court also noted and relied on the trial court’s painstaking work in analyzing the evidence and making factual findings.”
Douglas W. Alexander of Alexander Dubose & Jefferson represented Saturn Aviation. He did not immediately respond to requests for comment.
Justices Irene Rios and Adrian A. Spears also sat on the panel.
The case is Saturn Aviation LLC v. BMH Air LLC and Evolution Jets LLC, 04-23-00095-CV.