In Re Multidistrict Civil Actions Involving The Air Crash Disaster Near Dayton, Ohio On March

9,1967 350 F. Supp. 757 (S.D. Ohio 1972).

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Nature of the Case

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Facts

A Trans World Airlines (D) jetliner collided with a small aircraft owned by Tann Co. (D1). There were no survivors. A number of wrongful death suits were filed in numerous district courts. They were consolidated in the Southern District of Ohio. D and D1 were the principal defendants. In the court’s pretrial order all parties were given a fair and full opportunity to participate in discovery, and the court also advised that all parties shall make a statement to the court of what they sought to prove. The court also advised the other parties of the joinder of all the other plaintiffs. In a second trial order, all the plaintiffs concurred in one party’s statement of facts. They also decided that the Downey case proceed first. The first case resulted in a judgment for D1. The jury found in favor of Downey with respect to D, but that D1 was not guilty of any acts of negligence. D1 then moved for summary judgment against all the other plaintiffs in the other suits, contending that collateral estoppel could be used to preclude further litigation on the issue of its negligence. Humphreys (P) and other plaintiffs opposed the motion contending they were not parties to the Downey case.