North American Specialty Insurance v. Foth

OPINION AND ORDER

NORGLE, District Judge:

Before the court is the motion of defendant Mark Blackwell (“Blackwell”) for summary judgment. For the following reasons, the motion is denied.

FACTS 1

On August 21, 1993, Tony Foth (“Foth”) and Blackwell 2 were occupants of a 1946 Taylorcraft two-seater airplane (“Taylor-craft”) owned by Foth. Blackwell is a Federal Aviation Administration certified single-engine land flight instructor who has flown and logged at least twenty-five hours in a Taylorcraft airplane. 3 At the time of their occupancy, Blackwell was providing flight instructions to Foth.

During…