Kohler

On a flight from San Jose to South Lake Tahoe, defendant’s airplane encountered clear air turbulence, causing the plane to plummet 500 feet in two to three seconds. Plaintiff, a fare-paying passenger on the flight, sustained neck injuries. She filed suit against Aspen Airways alleging negligence generally of the defendant in causing the airplane to precipitously drop and further specific acts of negligence in (1) failing to fly or direct the aircraft on a flight plan that would minimize or avoid the effect on the aircraft and its passengers of the turbulence, which was known or should have been known to defendant, and (2) failing to warn plaintiff of such air turbulence and its possible effect on the aircraft. The jury returned a unanimous defense verdict.

On appeal, plaintiff contends (1) there was insufficient evidence to support the jury’s verdict and (2) the court erred in refusing plaintiff’s proposed instructions on (a) res ipsa loquitur and (b) an airline’s duty to warn its passengers before takeoff of possible turbulence in the flight path. We shall affirm.

Factual and Procedural Background

Viewed in a light most favorable to the jury’s verdict, the evidence…