Newberger V Pokrass (1967) the Essay

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He suffered permanent injuries due to the after-effects of burns and exposure to frostbite (he was exposed to extreme cold for 14 hours after the crash before being recovered). It is also evident that defendant suffered wage loss due to his injuries and suffered pain and disability.

CONCLUSION

The facts of the case indicate conclusively that the accident was caused by negligence on the part of the pilot (Pokrass) resulting in injury to the plaintiff. Hence application of Res ipsa loquitor in the case is proper. The jury award of wage loss and for pain and suffering is also fair.

PASSENGER'S DUTY to the PILOT-in-COMMAND

In normal circumstances, a passenger (or passengers) owes absolutely no duty to the pilot-in-command in the event of a plane accident due to negligence of the pilot since in most commercial aircrafts the passengers are separated from the cabin crew and would not be aware of the pilots' actions.

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In this case, however, the jury also found the passenger partially (fifteen percent) responsible for contributory negligence. This decision of the jury is based on the fact that Newberger was seated besides the pilot and Pokrass had told Newberger before they took off that he too was tired but Newberger still went to sleep. However, the Wisconsin Supreme Court upheld the decision of the lower court for awarding damages to Newberger because it concluded that Pokrass was primarily responsible for the accident as he could be found negligent in several aspects......

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