"James M. Knox" wrote in message
...
Kevin wrote in newsr2yb.253469$275.925372@attbi_s53:

NTSB Identification: NYC01FA040 . The docket is stored in the (offline)

The pilots family is suing the FAA for wrongful death. This report
clearly indicates the pilot was at fault. Inexperienced in IMC and flew
it into the ground. What am I missing here?

Probably the fact that the NTSB conclusions can not be admitted to court
for the lawsuit. So it's just a matter of what an attorney can convince
the jury of that *might* have happened.

Not true. Provided the judge allows such a case to go to the jury, the
jury must be convinced by the greater weight of the evidence that the
defendant owed a specific duty of care to the plaintiff, that the duty was
breached, and that the breach proximately caused the plaintiff's damages.


Doesn't have to prove that his
scenario DID happen, just that it might have.

This is a misstatement of the law. It is misleading. "Might" have could
mean a 1 in 3 chance, which is insufficient to get the case to the jury.


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James M. Knox
TriSoft ph 512-385-0316
1109-A Shady Lane fax 512-366-4331
Austin, Tx 78721
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