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Civil Procedure Keyed to Field
Kirchstein v. American Airlines
Citation:
304 N.Y.S.2d 810 (1969)Facts
On November 8, 1965, an American Airlines aircraft crashed in Kentucky while en route from La Guardia Airport, New York, to Covington, Kentucky, resulting in the deaths of 58 out of 62 persons aboard. Multiple wrongful death actions were instituted in various state and federal courts across the country. The first case to reach verdict was Creasy v. American Airlines in the United States District Court for the Northern District of Texas, which resulted in a 19-day trial applying Kentucky’s wrongful death statute and substantive negligence law, culminating in a verdict against American Airlines that was subsequently affirmed on appeal. The present plaintiffs, Landano and Kirchstein, were New York domiciliaries serving as administratrixes for deceased New York residents who perished in the same crash.
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