Representative Cases

Case Summary -- McCarthy v. Abromavich

Robert L. Ferguson, Jr. and Jodi K. Ebersole represented the pilot of a single engine aircraft who was sued by a passenger alleging negligence after the plane was forced to make an emergency landing due to sudden, in-flight engine failure. In defense of the pilot, a panel of five expert witnesses was carefully assembled to explain to the jury the cause of the engine failure and the reasonableness of the pilot’s actions in landing the plane under extremely adverse circumstances. The facts brought to light in defense of the pilot led the Court of Appeals to note, "Our review of the record leads us to one inescapable conclusion -- the airplane experienced an extraordinarily safe landing under the circumstances faced by the pilot. Considering the adverse circumstances that Abromavich faced, it was nothing short of true flying expertise to land the airplane in such a safe manner." Plaintiff claimed post-traumatic stress disorder, neck and back injuries, including aggravation of previous injuries, bulging disc at L5-S1 level and lumbosacral radiculopathy. Plaintiff claimed over $30,000 in medical specials. A directed verdict was granted in favor of Defendant, which was affirmed on appeal.