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19 Nov 2025, 05:17 [ UTC - 5; DST ]


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 Post subject: Re: Widow sues pilatus
PostPosted: 26 Mar 2012, 14:08 
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Location: Durham, NC
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Username Protected wrote:
Alan,

I was not aware that NTSB findings could be used in court. In fact, I thought they were specifically excluded from evidence.
An NTSB report, like a police auto accident report is admissible to show the facts. For example, the NTSB report detailing how the fuel imbalance happened in this case is admissible. What is not admissible, is the conclusion about fault. This follows the same rule as an auto accident case. The accident investigator's report cannot be admitted to show fault. That decision is the sole province of the jury. This preserves the work of the NTSB for litigants to use in court if need be while protecting and encouraging the participants to be honest. It leads to greater overall safety. That's why I say I'll be interested to see what the widow's experts have to say about the pilot's conduct.

Alan Bradley


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 Post subject: Re: Widow sues pilatus
PostPosted: 26 Mar 2012, 14:12 
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Username Protected wrote:
That's why I say I'll be interested to see what the widow's experts have to say about the pilot's conduct.

Alan Bradley


And why does Montana law matter here? Simply because that's where the wreckage fell?

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 Post subject: Re: Widow sues pilatus
PostPosted: 26 Mar 2012, 14:52 
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Montana was where the suit was filed, but you're right, Scott, the court in MT can apply the law of another state if it has more significant contacts with the litigants, aircraft, etc.


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 Post subject: Re: Widow sues pilatus
PostPosted: 26 Mar 2012, 16:13 
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Joined: 02/20/09
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Location: Durham, NC
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Username Protected wrote:
That's why I say I'll be interested to see what the widow's experts have to say about the pilot's conduct.

Alan Bradley


And why does Montana law matter here? Simply because that's where the wreckage fell?
The plaintiff filed suit in Montana, thus invoking Montana law. Montana's choice of law doctrine will determine if Montana's substantive tort law applies, or if another state's does. In any case, Montana's procedural law (rules of procedure and rules of evidence) will apply regardless of what state's tort law might be applied. The defendants may seek to remove the litigation to federal court. However, federal courts apply state substantive law in civil litigation while applying their own procedural rules. That said, almost no defense lawyer willingly seeks removal to federal court these days. Federal courts are mostly criminal courts. They have made civil cases so slow and expensive that few want to litigate there now.

Alan Bradley

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