Pretrial Orders

Question 1

Items imputed to Koller-Campbell Air LLC under the Vicarious Liability order (PT Order #1):

Answer 1

• The acts and omissions of Casey Koller from July 4th, 2021 to present
• The acts and omissions of Reese Campbell from July 4th to present
• Any and all statements made by Casey Koller or Reese Campbell regarding the July 4th flight, at all.
• Acts, omissions, and statements from individuals other than Casey Koller or Reese Campbell, or from Casey Koller and Reese Campbell that are not already imputed, may be imputed to defendant, at court’s discretion

Question 2

Is Koller-Campbell Air LLC vicariously liabile for the acts and omissions of Budget Fix Co., Inc, and its employees under PT Order #1?

Answer 2

No. Under Brotherhood, LLC. v. Mede, a corporation is not vicariously liable for the acts and omissions of an independent contractor.

However, there is an issue as to if Koller-Campbell Air was independently negligent in its maintenance of N985MT, including if it was negligent in determining the scope of what Budget Fix Co. did.

Question 3

Claims/Defenses at issue in trial under PT Order #2

Answer 3

• Assumption of Risk, specifically did Morgan Felder have sufficient piloting experience and training to appreciate the risks associated with the alleged negligent piloting (see Simien, Ornstein)
• Fireworks intervened, specifically if fireworks interfered with the operation of N985MT and if it broke the chain of proximate causation (see Zhang)
• Mechanical Failure intervened, specifically if defendant had knowledge of malfunction, if that malfunction were foreseeable, or if the malfunction was the result of defendant’s own conduct (See Zaft)
• Medical Incapacitation, specifically if sudden incapacitation was foreseeable or a direct result of defendant’s wrongful conduct. (See Spencer)
• Negligence Claim, specifically did defendant breach its duty, and was that breach the direct and proximate cause of the July 4th crash.

Question 4

Does the fact that Reese Campbell took Fullertin voluntarily automatically mean he was negligent (he should have foreseen sudden incapacitation) under PT Order #2?

Answer 4

No. The fact that he alone took Fullertin voluntarily does not mean sudden incapacitation is an invalid defense, however, if he should have known he could become suddenly incapacitated because of this medication, then that invalidates Fullertin

Question 5

Was Reese Campbell negligent for “operating a commercial flight without a commercial license or class 2 medical certificate” under PT Order #2

Answer 5

No. Federal regulations permit a private pilot to carry passengers as long as they do not receive compensation for the flight. Morgan Felder did not pay for the flight, therefore it was not a commercial flight.

Question 6

Pursuant to PT Order #3, today’s trial focuses only on liability and not damages. This means…

Answer 6

Any evidence relating SOLELY to damages in inadmissible. But both sides may still introduce evidence involving facts and circumstances of relevant events as is necessary.

Question 7

How can the NTSB report be discussed or shown in trial, persuant to PT Order #4?

Answer 7

• The facts of the NTSB report (anything not blacked out) may be discussed by experts on direct or cross examination, or even directly be directly read or recited from by them.
• It only cannot be entered into evidence or shown to a jury, pursuant to Grant v. Janmohamed.

Question 8

Are all photos of the case available for court today?

Answer 8

No. While there are more photos, only the photos in exhibits 5a-c (preadmitted), and 6 are allowed to be shown to the jury persuant to PT Order #5

Question 9

If the defense tries to argue that the four photos are symptomatic of the