Case: Widmyer v. Southeast Skyways, Inc.

Parties: Plaintiff: Widmyer

Defendant: Southeast Skyways, Inc.

Procedural History: Trial court found for defendant, plaintiff appeals

Facts: There was an airplane crash in which there were no survivors. The personal
representatives of the estates of the deceased passengers brought a wrongful death
action. The jury returned a verdict for the airline and pilot. The representatives
sought review, contending the refusal of the trial court to instruct regarding the
particular duty of care of a common carrier and the doctrine of res ipsa loquitur
was error.

Issue: Did the trial court err in failing to give jury instruction on res ipsa
loquitur?

Holding/Judgment: The court concluded that the trial court erred in failing to
give the instruction on the duty of a common carrier and on res ipsa loquitur.

Reasoning: The court held that in an accident in which there were no survivors
to testify and no other direct evidence of the cause, the plaintiffs should not be
precluded from using the doctrine of res ipsa loquitur because they have offered a
possible explanation to the jury. Because the totality of the circumstances had to
be considered in each factual setting, the court found no reason to preclude the
applicability of the doctrine of res ipsa loquitur and the lack of an instruction
on the doctrine was error.