Calhoun v. Northeast Airlines, Inc.

WEINFELD, District Judge.

The plaintiff was a passenger on a plane owned and operated by the defendants which crashed on Rikers Island shortly after its take-off. The defendants’ answer, among other matters, denies they were negligent. The plaintiff moves pursuant to Rule 56 of the Federal Rules of Civil Procedure, for an order striking the answer of the defendants and granting summary judgment on the ground that there is no issue of fact as to liability, leaving open only the question of damages which she asks be assessed by a jury. The basis of the motion, which rests essentially upon the *533ple…