Surface, Adm'x v. Johnson, Adm'x ( 1975 )

Harrison, J.,

dissenting.

This is a case of an inexperienced pilot who had an accident while flying his aircraft in inclement weather. Assuming the pilot’s negligence in attempting the flight under these conditions, there is no evidence that his lack of expertise or the condition of the weather was the proximate cause of the crash. The burden was on the plaintiff to show how and why the accident happened — its proximate cause — and this she failed to do. The only thing established by the evidence is that the aircraft was owned and piloted by defendant’s intestate, a student pilot, and that it crashed while flying in bad weather, resulting in the death of all its occupants.

Regretfully, for this was a tragic accident, I am unable to agree that the evidence is sufficient to create a jury question on the issue of proximate cause.

I would affirm the action of the lower court.

I’Anson, C.J., joins in dissent.