Chipman was a flight instructor and charter pilot for Barrickman's Aero Services, Inc Barrickman's chief pilot requested that Chipman fly an airplane to its maintenance base at another airport and fly back with an aircraft that had just completed its annual Chipman invited his girlfriend, Estell, along for the ride without Barrickman's knowledge.

On the return flight, the aircraft was involved in an accident due to Chipman's negligence and Estell was injured Estell sued Chipman and Barrickman's At a trial court, Estell's case against Barrickman's was dismissed after the trial court noted Barrickman's had a no rider rule Estell appeals the trial court decision You are the appellate judge ruling on this case How will you rule Explain.