HEATH V. SWIFT WINGS, INC.
40 N.C. App. 158, 252 S.E. 256 (1979)
NATURE OF THE CASE: This case was an appeal from a denial of damages for negligence.
FACTS: A Piper 180 Arrow crashed immediately after takeoff. Heath an employee of Swift
(D), was flying the plane. The passengers were the wife and son of Heath. The executor (P)
of two persons killed in that crash sued the pilot (D1) and others, alleging that the crash
occurred as a result of the negligence of D1. At trial, an expert determined that D1 should
have used flaps to aid in the take off and a reasonably prudent pilot should have made a
controlled landing in the corn field shortly after takeoff if he were experiencing
difficulty attaining flight speed. The expert stated that had D1 done so the passengers
would be alive. The jury was instructed that negligence is the 'failure of someone to act as
a reasonably and careful and prudent person would under the same or similar circumstances
.... that degree of ordinary care and caution, which an ordinary prudent pilot having the
same training and experience as Fred Heath, would have used under the circumstances.' The
jury returned the verdict for D. P appealed, partly on the basis that certain evidence was
wrongfully excluded and the jury instructions were improper.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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