Heath v. Swift Wings, Inc.
Court of Appeals of North Carolina
252 S.E.2d 526 (N.C. App. 1979)
Fred Heath, a licensed pilot and shareholder of Swift Wings, Inc., crashed the company plane immediately after takeoff, killing himself, his wife Jonna, his son Karl, and a family friend. Richard Heath (plaintiff), administering Jonna's and Karl's estates, sued Swift Wings (the plane's corporate owner), its shareholders (including Fred's estate), and Fred's executor (defendants) for negligence. The trial court instructed the jury that negligence meant failing to meet the standard of care an ordinary pilot with Fred's own particular training would have exercised. The jury found Fred was not negligent, and Richard appealed the jury instruction.
Whether the standard of care applied to a professional, such as a pilot, should be tailored to that individual's own personal training and experience level, or should instead be a single objective standard applicable to all members of the profession.