August 01, 2013 Articles

Crash Reports: What Will the Jury Hear?

By Timothy S. Tomasik and Kimberly M. Halvorsen

To litigate and try a compelling aviation case to a jury, trial lawyers are challenged to navigate through countless federal regulations, complex product-liability issues, and the operational conduct of the crew and command of the aircraft. A fundamental understanding of common evidentiary hurdles that arise in aviation litigation allows trial lawyers to overcome obstacles manufactured by the defense, by strategically taking advantage of certain rules of evidence that streamline their case at trial and secure the admissibility of evidence that can be otherwise cumbersome if not carefully secured during the discovery process.

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