Ewers v. Thunderbird Aviation, Inc.

The single issue for determination in these two cases is whether or not Minn.St. 360.0216 applies to airplane accidents which occur beyond the borders of the State of Minnesota. The majority finds the language of the statute unclear but nevertheless extends its application beyond the borders of the state as if the issue were simply a matter of applying the choice of law doctrine.

The statute to be construed could not, in my opinion, be more unambiguous and straightforward in its language and purpose. Minn.St. 360.0216 reads as follows:

“When an aircraft is operated within the airspace above…