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FORBES v. MIDWEST AIR CHARTER, INC.

No. 91-1259.

86 Ohio St.3d 83 (1999)

FORBES, ADMR., APPELLANT, v. MIDWEST AIR CHARTER, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 14, 1999.

Attorney(s) appearing for the Case

Weisman, Goldberg & Weisman Co., L.P.A., David C. Landever and James R. Goldberg, for appellant.

Martindale, Brzytwa & Quick, John E. Martindale and Margaret Mary Meko; and Nicholas R. Curci, for appellee Midwest Air Charter, Inc. et al.

Gallagher, Sharp, Fulton & Norman, Michael R. Gallagher, Alton L. Stephens and Gary L. Nicholson, for appellee Piper Aircraft Corporation, n.k.a. KEWPAC.

PFEIFER, J.

The issue in this case is whether the jury was properly instructed on the issue of who was the "pilot in command." For the reasons that follow, we conclude that the jury should not have been instructed on the rebuttable presumptions contained in R.C. 4561.23.

In Ayers v. Woodard (1957), 166 Ohio St. 138, 1 O.O.2d 377, 140 N.E.2d 401, this court stated: "A presumption is a procedural device...

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