Opening Statement of Defendant Air LLC in the Case Felder V. KC Air LLC
Ladies and Gentlemen of the Jury, may it please this Court and you; that our defense stands against the plaintiff’s allegations of Ari Felder, as Surviving Spouse of Morgan Felder, are mistaken. The case against Air LLC is based on wrongful assumptions of the breaching of laws that ensure that flight equipment is effective and that pilots are capable of flying. Because no such breach occurred, Air LLC cannot carry any burdens and will be able to identify the disputed elements. Air LLC is a registered airline company that professionally conducts its services as guided by the rule of law. Unlike sworn by the plaintiff, the action committed by the pilot is not negligence but rather unpreventable aircraft accidents out of control. As of 4th July, Morgan Felder joined pilot Reese Campbell for a flight; unfortunately, the aircraft missed the route, leading to its crash.
As clearly stipulated in the law; 49 USC § 1154(b), and I quote, “ Not even the report or its parts of the National Transportation Safety Board in relation to an accident or its investigation should be used as evidence in a civil action for damage.” Additionally, in accordance with 14 CFR § 61.53(a), no person is allowed to act as a pilot or in any capacity stipulating as a pilot flight crewmember if: (1) the person is on medication and has health issues or (2) is under treatment for medical conditions or under influence of drugs that may make the person unable requirements for the medical certificate necessary for the pilot operation.
Based on the existing law, I categorically state that defendant Air LLC’s services and actions were within the laws, and there were no violations of these existing laws. The pilot was in sound mind and healthy state and the aircraft was also in its effective state. The allegation by the plaintiff is against the law governing the National Transportation Safety Board in relation to accidents or accident investigations. The plaintiff’s allegations cannot be used as a civil action. Based on this evidence, I shall ask and expect this Court, to return a verdict of not guilty on the defendant Air LLC. The defense would like to call witnesses to illustrate the incident and the position of Air LLC, first through the deposition of Casey Koller, owner of Koller Campbell Air. An expert report by Kennedy Heisman also proves the destruction of the plane to have occurred in relation to impact and possible engine failure. R. Moore’s report regarding the well-being of Reese Campbell will serve as the final witness presentation.
Work Cited
Case Problem.”Ari Felder, as Surviving Spouse of Morgan Felder v. Koller Campbell Air LLC.” A civil case of air crash negligence, 2022.