Widmyer v. Southeast Skyways, Inc.

584 P.2d 1 (Alaska 1978)

• A Southeast plane was flying in rough weather and crashed.
• An accident reconstruction expert testified that the crash was due to pilot error.
• Southeast maintained that the crash was due to the weather.
• The Trial Court found for Southeast. Widmyer appealed.
• Widmyer had asked the judge to instruct the jury that they could find Southeast liable for negligence if it was "more probable than not."
• The doctrine of res ipsa loquitur.
• The judge did not instruct the jury to this standard.
• The jury was instructed that the mere fact there was an accident did not warrant a finding of negligence.
• The Appellate Court reversed and remanded the case for a new trial.
• The Court felt that the case met the three demands of res ipsa loquitur:
• Airplane typically do not crash without negligence.
• Southeast was in control of the aircraft.
• The plaintiffs did not contribute to the accident.
• Therefore, the jury should have been instructed that they could infer negligence based on the doctrine of res ipsa loquitur.