California, United States of America
The following excerpt is from Kohler v. Aspen Airways, Inc., 171 Cal.App.3d 1193, 214 Cal.Rptr. 720 (Cal. App. 1985):
Relying on Fleming v. Delta Airlines (S.D.N.Y.1973) 359 F.Supp. 339, plaintiff contends she was entitled to her proposed instruction stating defendant had a duty to warn passengers before departure of anticipated turbulence on the flight. 11 In requiring such an instruction, the Fleming court held the pilot should have known moderate to severe turbulence might be encountered because weather reports indicated the flight path went through areas with tornadoes, hailstorms, thunderstorms, and gusts of wind from 50 to 70 miles per hour. (At p. 341.)
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