(DOWNLOAD) "Leonard Messmer and Joseph Hartke v. Keith" by Supreme Court of Idaho No. 11369 # Book PDF Kindle ePub Free
eBook details
- Title: Leonard Messmer and Joseph Hartke v. Keith
- Author : Supreme Court of Idaho No. 11369
- Release Date : January 16, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
On August 2, 1968, a Mooney M-20F airplane piloted by Keith M. Ker, defendant-appellant and cross respondent, and owned by Max Ker and Son Lumber Company, crashed at the Bernard Airstrip in the Idaho primitive area near the Middle Fork of the Salmon River at about 7:40 a.m. Injured in the crash were passengers Leonard Messmer and Joseph Hartke, plaintiffs-respondents and cross-appellants. On June 8, 1970, Messmer and Hartke filed this action to recover for personal injuries sustained in the crash against the appellant Ker and Max Ker and Son Lumber Company. Upon motion for summary judgment, the district court dismissed the action as to Max Ker and Son Lumber Company. Messmer and Hartke then filed an amended complaint alleging that they were passengers for hire and not guests of Ker and that he operated the aircraft in a grossly careless and negligent manner which resulted in their receiving injuries. Messmer and Hartke further alleged that the accident was also caused by the consumption of intoxicating beverages by Ker within twelve (12) hours of the flight time and in such a manner as to have contributed to or to have caused the accident. In answer, Ker denied liability and set forth certain affirmative defenses. After a five day trial before a jury in December, 1972, the jury found against Messmer and Hartke. Judgment was entered accordingly. Messmer and Hartke timely moved for judgment notwithstanding the verdict, or in the alternative for a new trial, presenting numerous grounds for the new trial. The trial court denied Messmer and Hartke's motion for judgment notwithstanding the verdict, but did grant a new trial based solely upon error in giving Instruction 20 which defined negligence. It is from this order that Ker has appealed. Messmer and Hartke have cross appealed from the trial court denying their motion for judgment notwithstanding the verdict, and a new trial on the other grounds set forth in Messmer and Hartke's motion.
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