Kopaczski v. Eastern Air Lines, Inc.
Kopaczski v. Eastern Air Lines, Inc.
Opinion of the Court
This is an action of tort to recover damages for personal injuries sustained by the plaintiff while he was aboard an aircraft of the defendant at Logan Airport. The plaintiff was an employee of a catering service hired by the defendant and was aboard the aircraft as an invitee in that capacity. At the close of the plaintiff’s evidence the trial judge directed a verdict for the defendant. The plaintiff’s exception thereto brings this case before us. Viewing the evidence in the light most favorable to the plaintiff, it could have been found that on the evening of April 16,1965, the plaintiff was in the rear section of the aircraft taking out the used meal service equipment and replacing it with fresh service. He was on the aircraft for approximately seven to ten minutes. While he was working he noticed an Eastern flight mechanic enter the aircraft by the rear door and leave a few minutes later, closing this same door behind him. About two minutes later the plaintiff, having completed his work, attempted to exit through this same rear door. He opened the door and while looking back over his shoulder and talking to his helper, stepped out, only to find that the movable stairway leading from the ground below had been removed. His fall and the consequent injuries are the reason for this action. There was testimony that when a movable
Exceptions overruled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.