EVANS V. LIMA LIMA FLIGHT TEAM, INC, 869 N.E.2d 195 (2007) CASE BRIEF

EVANS V. LIMA LIMA FLIGHT TEAM, INC.

869 N.E.2d 195 (2007)

NATURE OF THE CASE: Evans (P) appealed a summary judgment for Lima (D) in P's suit for wrongful death. Ds cross-appealed from the denial of summary judgment on the basis of assumption of the risk.

FACTS: P died as the result of an airplane crash during a practice session with D. They were flying in a six-aircraft delta formation, performing a maneuver known as a 'pop-top break,' when the aircraft piloted by J.O. Martin and the aircraft piloted by P came into contact with each other, damaging P's aircraft and causing it to crash. P was killed instantly. P sued J.O. Martin and D for Wrongful Death and a survival action. Ds filed a motion for summary judgment premised upon the doctrine of assumption of the risk, which the circuit court denied. Ds then filed a motion for summary judgment on all survival claims, asserting that P died instantly. The circuit court granted the motion. Ds moved for summary judgment on the remaining Wrongful Death Act claims based on a signed exculpatory agreement. The circuit court granted the motion for summary judgment, finding that the exculpatory agreement was specific and definite enough to release the individual defendants from liability for the' death. D filed a subsequent motion for summary judgment, maintaining that its liability was solely predicated upon the acts of the individual defendants and because all claims against the individual defendants had been dismissed, it was entitled to summary judgment as a matter of law. The circuit court granted the motion P appealed. Ds filed a cross-appeal for denial of their motion for summary judgment based upon the defense of assumption of a known risk.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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