Outcome Uncertain, Appeals Court Could Be Overturned

In what legal analysts are saying is something of a surprise move, the Minnesota Supreme Court has agreed to hear Prokov v. Cirrus, in which an appeals court ruled in favor of the planemaker earlier this year.

The case stems from an accident in which a pilot and passenger were killed, and the company was sued when the plaintiffs said the new owner was not given adequate instruction in use of the autopilot by the factory when he took delivery of his airplane. The appeals court said that the families of those fatally injured in the accident did not have the right to sue, because Minnesota does not allow lawsuits for "educational malpractice." One judge on the three-judge panel dissented with the appeals court's decision.

The Aviation Law Monitor reports that the MN Supreme Court hears only about 10% of the cases it is asked to review, and about 30% of the time, it agrees with the lower court ruling. In 15% of cases, it overturns the lower court, and the balance of the cases receive mixed decisions.

The court can re-instate the jury verdict against Cirrus if it so chooses. In 2009, a jury awarded the families of the pilot Gary Prokop and passenger Kames Kosak $7.4 million

FMI: http://mncourts.gov/?page=550