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Keywords

lawsuitnegligenceappealtrialwillregulationadmissibilityjury instructionsdeliberation
plaintiffdepositionnegligencehearingtrialverdicttestimonyexpert witnessobjectionadmissibility

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Ridge v. Cessna Aircraft Co., 117 F.3d 126, 47 Fed. R. Evid. Serv. 280, Prod.Liab.Rep. (CCH) P 14,997

Facts

On March 20, 1988, Charles Ridge and two passengers died when their Cessna 210N airplane suffered an in-flight structural failure and crashed. Ridge's widow filed a lawsuit against Cessna Aircraft Company, alleging negligence and design defects. The district court dismissed most claims but allowed the negligence claims to proceed. The jury ultimately found in favor of the widow, attributing the crash to a design defect rather than pilot error.

On March 20, 1988 plaintiff's decedent, Charles Ridge, and two passengers were killed when the Cessna model 210N airplane piloted by Ridge suffered an in-flight structural failure and crashed at Quantico, Virginia.

Issue

Did the district court err in its evidentiary rulings and jury instructions regarding the negligence claims against Cessna Aircraft Company?

Cessna claims that the jury conducted an experiment that improperly formed the basis for its verdict.

Rule

The court applied the principles of negligence, including the admissibility of evidence regarding similar accidents and the appropriateness of jury instructions on negligence per se and willful and wanton negligence.

The court found that the model had been left with the jury by acquiescence, and indeed by tacit agreement, precludes objections that the jury used the model.

Analysis

The court found that the jury's use of a model during deliberations did not constitute an improper experiment, as both parties had used the model during the trial. The admission of evidence regarding other accidents was deemed appropriate, as the accidents were substantially similar. The court also ruled that the regulations cited by Cessna were too general to support a negligence per se instruction, and the jury's findings were consistent with the evidence presented.

The district court held a pretrial evidentiary hearing to determine the admissibility of this evidence. The court heard deposition testimony of three Cessna employees and live testimony from plaintiff's expert witness.

Conclusion

The Court of Appeals affirmed the district court's judgment, finding no reversible error in the evidentiary rulings or jury instructions.

The judgment of the district court is accordingly AFFIRMED.

Who won?

The widow prevailed in the case because the jury found that the design defect in the airplane's tail was the cause of the crash, not pilot error.

The jury found Cessna guilty of gross negligence and this finding was confirmed by the district court, which found that it could not say that reasonable minds could not differ as to whether or not Cessna was grossly negligence in this case.

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