Leckbee v. Continental Airlines Inc. - United States Court of Appeals for the Fifth Circuit

Leckbee v. Continental Airlines Inc.

By United States Court of Appeals for the Fifth Circuit

  • Release Date: 1969-05-05
  • Genre: Law

Description

GEWIN, Circuit Judge: The SUDDEN JERK which has plagued carriers engaged in surface transportation for years now forms the basis of a complaint against an air carrier. By an action in the United States District Court for the Western District of Texas, Charles Leckbee seeks to recover damages from Continental Airlines for personal injuries allegedly inflicted upon him by the abrupt and unexpected movement of Continental's commercial airliner on which he was a passenger. The case was heard by a jury, but the issues never reached the jurors. After both parties had presented their evidence and rested, the court directed a verdict in favor of Continental, expressing the view that there was no evidence from which the jury could find that Leckbee suffered an injury PROXIMATELY CAUSED by Continental's negligence. We disagree with this assessment of the evidence and reverse.

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