Torts Keyed to Prosser
Heath v. Swift Wings, Inc
Facts
This suit is the result of an airplane crash that charges the pilot with negligence. The pilot and his passengers all died as a result of the crash. According to the widow of the passenger, the pilot spent a long time loading and reloading the small aircraft prior to take off. There was evidence that the plane was not properly balanced. At trial, an expert testified that in his opinion the pilot should have used flaps to aid in the takeoff and should have made a controlled landing shortly after takeoff. In the expert’s opinion, had the pilot taken these measures, the crash would have been avoided. The jury found there was no pilot error after receiving a jury instruction containing a definition of negligence that focused on the defendant’s own experience and training.
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