(Download) "Joan Mcentire v. Estate Robert Forte" by Fifth District, Dallas Court of Civil Appeals of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Joan Mcentire v. Estate Robert Forte
- Author : Fifth District, Dallas Court of Civil Appeals of Texas
- Release Date : January 05, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Charles McEntire and Robert Forte, both residents of Texas, were killed in an airplane crash as they were returning from Farmington, New Mexico to Dallas, Texas. The plane was owned and presumably piloted by Forte. This wrongful death action was brought by McEntires widow for herself and her children against Fortes estate. Defendant pleaded the New Mexico aviation guest statute, which bars claims against the owner or operator of an aircraft for injuries to guests resulting from an accident "unless such accident shall have been intentional on the part of said owner or operator or caused by his heedlessness or his reckless disregard of the rights of others." Art. 44-1-16, New Mexico Statutes. By agreement the fact issue of whether McEntire was a guest was severed and tried without a jury. The trial court found that he was a guest. Later defendant presented a motion for summary judgment on the remaining issues, which was sustained, and plaintiff appeals from that judgment.
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