Quill v. Trans World Airlines, Inc.

361 N.W.2d 438 (1985)

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Nature of the Case

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Facts

TWA flight 841 from New York to Minneapolis was cruising at an altitude of 39,000 feet when it suddenly rolled over and plunged downward. Its tailspin continued for the next 40 seconds at speeds just below the speed of sound, causing the plane to violently shake. At approximately 5,000 feet the pilots regained control of the plane, about 5 seconds before it would have struck ground. The force exerted on the plane and the passengers equaled approximately 6 G's. Testimony indicated that force wrinkled the fuselage skin of the aircraft and bent its wings. Dean Abrahamson (P) is a medical doctor who does not practice; he teaches and consults on nuclear energy and environmental policy issues. He takes about 60 flights per year for business. He believed that his death was certain. He testified that the G force was so strong that he could not lift his arm to reach the oxygen masks which had shaken loose. He was also overwhelmed by the incredible noise. After the dive recovery, they still had to make an emergency landing. During the next forty minutes, the plane continued to shake and make considerable noise. The plane made a low pass so that ground personnel could determine if the landing gear had lowered. He could see the emergency vehicles by the runway, waiting for the landing. The plane then landed safely, but at a higher speed than normal. P has continued to fly for business purposes. On about 50 percent of the flights, he experiences anxiety and recalls his feelings from the incident. When flying P gets adrenaline surges, sweaty hands, elevated pulse, and blood pressure. It takes P two days to relax after a flight. P has not consulted any medical professionals about his problem because, as a doctor, he believes they could do nothing for him. The jury awarded P $50,000 in damages. TWA moved for J.N.O.V. in that P’s physical symptoms were not severe enough to recover for the negligent infliction of emotional distress. The court denied the motion, and D appealed.