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Civil Procedure Keyed to Field
Landano v. American Airlines
Citation:
304 N.Y.S.2d 810 (N.Y. Sup. Ct. 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, killing 58 of 62 persons aboard. Multiple wrongful death actions were filed in various state and federal courts. 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, finding American Airlines liable. This verdict was affirmed on appeal. Plaintiffs Landano and Kirchstein, as administratrixes of estates of deceased New York residents, brought wrongful death actions in New York Supreme Court. American Airlines moved for joint trial with 20 other pending cases, while plaintiffs cross-moved for summary judgment on liability based on collateral estoppel from the Texas determination.
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