22 results for 'nos:"Airplane - Torts - Personal Injury"'.
J. Gillmor denies a motion by the family of a man killed in a 2019 helicopter crash to amend the complaint and scheduling order in order to include a claim against a helicopter manufacturer for concealing information from the Federal Aviation Administration under the General Aviation Revitalization Act. The motion is untimely because trial for the case will begin in a month, and the family did not ever propose amendment during previous scheduling order adjustments over three years of litigation. The proposed amendment does not meet standards for pleading anyway, as the family does not identify any specifics in the accused misrepresentations. The helicopter manufacturer has also already timely established a defense under the Act.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 8, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Civil Procedure, Negligence, Aviation
J. Gillmor grants summary judgment to the manufacturer of a helicopter involved in a fatal helicopter crash in negligence and product liability claims. The family of a man who died in the crash cannot show that the manufacturer knowingly caused or concealed flaws that may have led to the crash. There is also no evidence that a provision of a statute, governing liability of aircraft manufacturers even after many years following delivery of the aircraft, applies. The helicopter was delivered 18 years before the crash and there is no evidence of a design defect in replacement components installed in 2018 altered the helicopter to the extent that the rolling provision applies.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 6, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Product Liability, Wrongful Death, Aviation
J. Gillmor denies summary judgment to the government in a negligence claim for a fatal helicopter crash. Questions of material fact as to the cause of the crash, and whether the Federal Aviation Administration properly oversaw a helicopter company, remain. The government concedes that it did not perform check of the pilot of the helicopter or owner of the helicopter but there is not enough on the record to determine if the government was a substantial factor in the crash.
Court: USDC Hawaii, Judge: Gillmor, Filed On: May 6, 2024, Case #: 1:21cv193, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Wrongful Death, Aviation
[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though the issue of admissibility will be determined at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
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[Consolidated.] J. Gillmor rules on several consolidated motions in limine in a case involving fatal helicopter crash. Motions to exclude documents like the helicopter company’s liability waivers and night-flying policy are denied due to their relevance to the case. A request for spoliation sanctions regarding radar information that was initially deleted and then later reconstructed is denied, though admissibility will be ruled on at trial.
Court: USDC Hawaii, Judge: Gillmor, Filed On: February 13, 2024, Case #: 1:20cv266, NOS: Airplane - Torts - Personal Injury, Categories: Government, Wrongful Death, Aviation
J. Gillmor defers ruling on the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by the air traffic controllers. The government’s expert is permitted to testify at trial, allowing the court to determine the reliability and admissibility after the evidence and testimony is presented. The family’s motion to compel production of certain software are inadequately pleaded.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv266, NOS: Airplane - Torts - Personal Injury, Categories: Experts, Wrongful Death, Aviation
J. Gillmor defers ruling on the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by the air traffic controllers. The government’s expert is permitted to testify at trial, allowing the court to determine the reliability and admissibility after the evidence and testimony is presented. The family’s motion to compel production of certain software are inadequately pleaded.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Civil Procedure, Experts, Wrongful Death
J. Gillmor declines to grant the United States’ Daubert motion to bar testimony in a wrongful death lawsuit brought by the family of a man who was killed in a helicopter crash allegedly caused by air traffic controllers. The challenged expert is a pilot and has no training as an air traffic controller, so he may not testify on air traffic control, duties of care or protocols.
Court: USDC Hawaii, Judge: Gillmor, Filed On: October 31, 2023, Case #: 1:20cv265, NOS: Airplane - Torts - Personal Injury, Categories: Experts, Wrongful Death, Aviation
J. Leinenweber denies a Mexican airline’s motion for leave to take a second deposition on this negligence case brought by a survivor of a 2018 airplane crash. The survivor was on the plane headed from Durango, Mexico, to Chicago and she suffered multiple physical and emotional injuries when the airline’s plane crashed shortly after takeoff, including a brain injury. The court grants the survivor’s motion to quash the airline’s subpoena seeking a second deposition.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: October 17, 2023, Case #: 1:18cv5540, NOS: Airplane - Torts - Personal Injury, Categories: Emotional Distress, Experts, Aviation
J. Leinenweber denies a Mexican airline's motion for summary judgment on multiple negligence cases, each brought by a survivor of a 2018 airplane crash. The survivors, all of whom were headed from Durango to Chicago, allege suffering multiple physical and emotional injuries when the airline's plane crashed shortly after takeoff. The court finds there are still factual disputes over the causes of these injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 6, 2023, Case #: 1:19cv118, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Aviation
J. Leinenweber denies a Mexican airline’s motion for summary judgment on consolidated negligence, personal injury and emotional distress claims brought by survivors of a plane crash. The airline’s aircraft crashed in Durango, Mexico shortly after takeoff while Illinois residents ultimately bound for Chicago were aboard. The court finds that factual disputes still remain regarding the exact causes of the survivors’ injuries, making summary judgment inappropriate.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: August 16, 2023, Case #: 1:18cv6303, NOS: Airplane - Torts - Personal Injury, Categories: Negligence, Emotional Distress, Experts
J. Morgan grants a request by Scandinavian Airlines, dismissing for lack of jurisdiction a personal injury suit by a Louisiana resident who allegedly fell to the ground and broke her leg when disembarking the airline’s aircraft in Oslo, Norway. The passenger argues her claim arises from the airline’s sale of a plane ticket to her in her home state of Louisiana, which should be the forum state for her suit. The court disagrees: Her suit arises from the alleged negligent conduct, which occurred in Oslo.
Court: USDC Eastern District of Louisiana , Judge: Morgan, Filed On: August 11, 2023, Case #: 2:21cv1591, NOS: Airplane - Torts - Personal Injury, Categories: Transportation, Tort, Jurisdiction
J. Brown finds in favor of the owner of a vintage 1930 Brunner-Winkle Bird aircraft on all claims stemming from an accident in which the litigant’s arm was almost severed while hand-propping the aircraft’s engine. The court finds the litigant had knowingly assumed a level of risk due to his extensive experience as an aircraft mechanic and vintage aircraft enthusiast and that, by his own admission, there was nothing the owner, who was operating the aircraft at the time, could have done differently that would have prevented the accident.
Court: USDC Eastern District of New York, Judge: Brown, Filed On: June 6, 2023, Case #: 2:21cv2292, NOS: Airplane - Torts - Personal Injury, Categories: Tort, Negligence, Aviation