This is the kind of case that should never be brought to trial. It isn’t frivolous: I can see the theory of damages prevailing before a jury. It is just an unethical lawsuit. It is the kind of suit that attempts to exploit sympathy for the victims of a tragedy by using the court system to shift some of the burden from those victims to an innocent party. The strategy can work; it often does, in fact. It neatly uses human nature and the power of rationalization to reach a result that feels like justice, but is really the opposite. This time, fortunately, the strategy failed.
Beth Johnson filed a wrongful-death lawsuit after her estranged husband Eric flew a private plane into her mother’s house, killing himself and their 8-year-old daughter, the only passenger. The suit against Eric’s flight instructor as well as the commissioners of Lawrence County (Indiana) and the county board of aviation commissioners alleged that they negligently allowed Eric, a student pilot, to fly solo. Continue reading



