Friesen-Hall v. Colle

The opinion of the court was delivered by

Lockett, J.:

This is an aviation negligence action. The trial court granted summary judgment to the defendant. Plaintiff asserts the trial court erred in granting summary judgment to the defendant as to the sufficiency of the evidence of (1) who was piloting the plane at the time of the crash and (2) the defendant pilot’s negligence.

On March 5, 1994, a Piper PA-38 Tomahawk airplane (Tomahawk) crashed in Reno County, resulting in the death of its occupants, Marvin Hall and Jack Kimbrough. Hall owned the airplane and possessed a commercial pilot’s license…