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Torts Keyed to Dobbs
Widmyer v. Southeast Skyways
Facts
A Southeast aircraft crashed in the midst of a snow squall and no passengers survived. An accident reconstruction expert testified that the crash was due to pilot error, and that the pilot had been in violation of Federal Aviation Administration (FAA) rules. The airline contended that the crash was due to foul weather. The jury returned a verdict for the Appellees. At trial, the Appellants requested a jury instruction informing the jury that they could draw an inference from the evidence that negligence was more likely than not the cause of the accident. Instead, the judge instructed the jury that the mere happening of an accident did not necessary warrant a finding of negligence.
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