Haugen v. Mid-State Aviation, Inc.

STRUTZ, Judge.

The plaintiff, a retired farmer seventy-seven years of age, was seriously injured while riding in the front seat of a car driven by his son, third-party defendant Kenneth Haugen. As the automobile in which the plaintiff was riding crested a knoll in the highway, the defendant’s airplane was standing on the highway some distance below the knoll. The plaintiff’s own evidence discloses that the distance from the top of the knoll to the point where the defendant’s plane obstructed the road was 285 feet. The evidence is also undisputed that the plane could have been seen by the…