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LEVIN v. TWA

January 23, 1962

Pearl LEVIN, Administratrix of the Estate of Eugene B. Hoffman, Deceased, Plaintiff
v.
TRANS WORLD AIRLINES, INC., a corporation, and United Airlines, Inc., a corporation, Defendants



The opinion of the court was delivered by: GOURLEY

This is a retrial of a death action to recover damages arising out of an airplane accident involving aircraft of Trans World Airlines, Inc., and United Airlines, Inc., which occurred on June 30, 1956, in the vicinity of Grand Canyon National Park, Arizona. Plaintiff decedent was a paying passenger in the United airliner.

The case is governed by Airzona law.

 Upon jury trial, verdict was returned in favor of the plaintiff in the amount of $ 112,110.00 holding both defendants jointly liable.

 The matters before the Court are motions of both defendants for judgment notwithstanding the verdict and/or motions for new trial.

 Defendants assign the following reasons in support of their motions for new trial:

 1. Plaintiff's counsel made improper and prejudicial remarks in his closing address to the jury.

 2. The trial court erred in admitting testimony of plaintiff's witnesses Stahl, Venable and Slessinger as to certain projections to establish decedent's possible future earnings and expenditures.

 3. The trial court erred in refusing the following request for instructions:

 'United Flight 718 was not off course.'

 4. The trial court made improper remarks in the presence of the jury.

 MOTIONS FOR JUDGMENT NOV

 The circumstances under which the mid-air collision occurred consumed numerous days of testimony based upon a maize of circumstantial evidence buttressed by expert testimony.

 Plaintiff was not required to prove that either airline's conduct was the only cause of the accident. It was sufficient to establish proof that each airline committed acts or omissions which were substantial and contributing causes of the accident. ...


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