In re Rains
The Colorado Supreme Court considered the liability of two pilots who were involved in a plane crash at Erie Municipal Airport.
The airport does not have a control tower to direct air traffic coming in and going out of the landing strips. Instead, pilots must communicate with each other about their departures and arrivals. Defendants Oliver Frascona and Joseph Lechtanski were in a near-collision that resulted in the crash of Frascona’s plane and killed all on board.
Lechtanski’s plane was attempting a takeoff from one end of a runway while Frascona was approaching to land from the other end. In an attempt to avoid a collision, Frascona tried to fly above Lechtanski. In doing so his plane stalled out and crashed.