Goodlett v. Kalishek
United States Court of Appeals for the Second Circuit
223 F.3d 32 (2000)
- Written by Angela Patrick, JD
Facts
Richard Goodlett was an experienced pilot and the president of a small air-race association. The association specifically warned its members that air racing was dangerous and could result in fatal collisions. Goodlett participated in a race among four home-built aircraft. Fourteen seconds after crossing the finish line, one of the other race participants, Christopher Kalishek (defendant), collided with Goodlett in midair. Kalishek was seriously injured, and Goodlett died. Sandra Goodlett (plaintiff), Richard’s widow, sued Kalishek for negligence. Kalishek argued that Sandra’s claim was completely barred by the doctrine of primary assumption of the risk. The district court found that an assumption-of-risk defense would bar a negligence claim for a collision during a race but that it did not bar a claim based on a postrace collision. A jury then found that Kalishek was 40 percent responsible for the crash and that Richard was 60 percent responsible. The district court awarded Sandra 40 percent of the total damages, which was approximately $390,000. Kalishek appealed, arguing that the assumption-of-risk defense should have barred any recovery.
Rule of Law
Issue
Holding and Reasoning (Cabranes, J.)
Dissent (Feinberg, J.)
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