Verdicts & Settlements

The deceased was flying with her husband of several weeks in his private plane from Hickory North Carolina to Indianapolis. The plane was not equipped for cross-country instrument flight, and the proposed route of the flight took the plane through severe meteorological conditions. During pre-flight planning, the husband was made aware that there would be severe turbulence and moderate icing along the flight path, something for which the plane was not equipped. Further, he was advised that the cloud cover would be at 7500 feet, so he would have to fly below that altitude in order to avoid the dangerous conditions. The pilot did not heed this advice and flew at an altitude of 8000 feet, directly into the cloud cover. During the flight he lost control of the airplane, which crashed into a mountain near Elk Park, North Carolina. The case settled after mediation for $800,000, only $100,000 of which was paid by insurance. The remainder came from the husbandÕs estate.