Heath v. Swift Wings, Inc. – Case Brief Summary
Summary of Heath v. Swift Wings, Inc., 40 N.C.App. 158, 252 S.E.2d 526 (N.C.App. 1979).
Facts
A Piper 180 Arrow piloted by Heath crashed immediately after takeoff. Heath was one of the four shareholders of Swift Wings (D). Two of the three passengers were Heath’s wife and son. The executor (P) of the estates of Heath’s wife and son sued Heath and Swift Wings, alleging that the plane crash occurred as a result of Heath’s negligence. At trial, an expert determined that Heath should have used flaps to aid in the take off and a reasonably prudent pilot should have made a controlled landing in the corn field. The expert stated that had Heath done so the passengers would be alive.
The jury was instructed that negligence is the failure to act as a reasonably careful and prudent person would under the same or similar circumstances – i.e. that degree of ordinary care and caution which an ordinary prudent pilot having the same training and experience as Heath would have used under the circumstances. The jury returned a verdict for Swift Wings and the plaintiff appealed on the grounds that certain evidence was wrongfully excluded and the jury instructions were improper.
Issue
- What is the standard of care for one engaged in a business or profession?
Holding and Rule
- The standard of care for negligence is an objective standard. A party who is a professional is held to the standards of the profession and must act as an ordinary reasonable and prudent professional would act.
The trial court erred in allowing negligence to be determined based on Heath’s subjective abilities. The jury was instructed with a different standard of care that was dependent on Heath’s level of training and experience and not on that of a reasonably prudent pilot under the same or similar circumstances. A determination of negligence must be based on the standard of care required of all pilots and not just that of a pilot with Heath’s abilities.
Disposition
Order for a new trial.
See Piper Aircraft v. Reyno for a law school civil procedure case brief involving a cause of action in negligence arising from a plane crash.