Craig Breedlove sits in the cockpit of a rocket-powered car at his Spirit of America headquarters in Rio Vista, Calif., Aug. 27, 1997. He is pursuing a lawsuit against the Museum of Science and Industry, alleging improper care of a jet-powered Spirit of America from the 1960s. Breedlove was the first to surpass 400 mph, 500 mph and 600 mph land speed record, all in different cars he named Spirit of America. — AP Photo/Eric Risberg
A federal judge Thursday declined to place a roadblock in the path of a professional driver pursuing a lawsuit over the handling of his jet-propelled car.
In a written opinion, U.S. District Judge Ronald A. Guzman did not rule on the merits of Craig Breedlove’s contention that the Museum of Science and Industry failed to take proper care of the car he used to break the 500-mph land speed barrier in 1964.
But Guzman declined to throw out claims accusing the museum of breach of fiduciary duty and gross negligence.
Breedlove alleged enough facts to take those claims to trial, Guzman held.
He noted that Breedlove and the museum did not enter into a written agreement when Breedlove loaned or donated — the parties disagree on the nature of the transaction — the Spirit of America.
But Breedlove alleges a fiduciary relationship was established as a matter of law, Guzman wrote, through the museum’s membership in the American Alliance of Museums and the requirements set out in the alliance’s National Standards and Best Practices for U.S. Museums.
Breedlove contends the standards imposed a fiduciary duty on the museum to properly store, manage and preserve the items entrusted to it, Guzman wrote.
“The [m]useum argues the National Standards did not exist when Breedlove loaned the car to it,” he wrote, “but points to no authority for the proposition that because the standards did not exist in written form at the time the loan was made, no fiduciary relationship existed at that time or could have been created over the course of the parties’ 50-year relationship.”
Guzman also concluded that it was too early in the litigation to determine if the economic loss doctrine defeats Breedlove’s negligence count.
Under Moorman Manufacturing Co. v. National Tank Co., 435 N.E.2d 443 (Ill. 1982), a litigant is barred from recovering losses suffered under a contract through a tort action.
Although Breedlove maintains he and the museum entered into an oral contract in 1965, it is not clear yet if the museum’s alleged fiduciary duty stemmed from that contract or from some other source, Guzman wrote.
The museum did not seek the dismissal of a third count in the suit accusing it of breach of contract.
Driving a previous version of the Spirit of America, Breedlove in 1963 became the first person in the world to break the 400-mph land speed barrier.
He crashed into a saltwater pool in breaking the 500-mph barrier the following year.
Breedlove sent that car, minus the jet engine, to the Museum of Science and Industry in 1965.
When the museum returned the car in 2015, Breedlove alleges, he discovered it had been seriously damaged and unprofessionally repaired during the 50 years it was on display at the museum.
Breedlove maintains it will cost more than $395,000 to be restored.
Breedlove, who lives in California, filed his suit in federal court in Chicago under diversity jurisdiction.
An attorney for Breedlove, Steven E. Young of Freeman, Freeman & Smiley LLP in Los Angeles, praised Guzman’s opinion.
“He paid attention to the arguments, the authorities and, certainly, the common sense of the situation,” Young said.
Contending Breedlove filed the suit only because the museum took a “hard line” against his request for repair costs, Young said he hopes the dispute can be resolved short of trial.
Other attorneys representing Breedlove include Eric S. Rein of Horwood Marcus & Berk Chtd.
The lead attorney for the museum, Charles H.R. Peters of Schiff Hardin LLP, could not be reached for comment.
The case is Norman Craig Breedlove v. Museum of Science and Industry, No. 16 C 5861.