Evidence of Botched Landing Ends Wrongful Death Action

May 19, 2009

William T. DelHagen, Adrian J. Barrio, and Paul R. Flaherty recently won a Motion for Summary Judgment for their client, a major supplier of aircraft in the U.S., in a wrongful death action arising out of a plane crash that occurred on January 24, 2006, in which two pilots and two passengers died. The case was venued in the United States District Court, Southern District of California, before the Honorable Dana M. Sabraw.

The evidence revealed that two trained and qualified pilots botched a routine, good-weather landing to an uncontrolled airport, and then further botched the attempted go-around. These mistakes caused them to fly into an antenna array at the end of the runway and, ultimately, crash the plane into a concrete commercial building. M&C’s client filed a Motion for Summary Judgment, supported by various admissions of fact made by plaintiffs.

The Court found no evidence of negligence, or of product failure on the part of the aircraft manufacturer. Therefore, the Court entered judgment in favor of M&C’s client.