Legal Opinion · Dissent
In Re Air Crash Disaster at John F. Kennedy International Airport on June 24, 1975
Court of Appeals for the Second Circuit
Decided October 6, 1980No. 5, 6, Dockets 78-7596, 79-7063Published
1DissentMansfield, Circuit Judge
I respectfully dissent for the reason that in my view a number of serious errors deprived Eastern of a fair trial.
To appreciate the significance of these errors it is important to bear in mind the nature of the negligence claim against Eastern, its principal defense to that claim, and certain undisputed facts. The claim essentially is that the crew of Eastern 66 should have been aware of the weather conditions at the approach end of Runway 22L and, in view of the wind shear condition, should have abandoned the approach. The defense is that the JFK air traffic controllers employed by the…
2Cases cited26 opinions
- Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
- H. Hackfeld & Co. v. United StatesSupreme Court of the United States · 1905
- Foley v. State of New YorkNew York Court of Appeals · 1945
- Paul Romero Reyes v. Marine Enterprises, Inc.Court of Appeals for the First Circuit · 1974
- Al Burstein and Violet R. Burstein, Co-Partners Doing Business as Braeburn Company v. United StatesCourt of Appeals for the Eighth Circuit · 1956
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