A commercial aircraft flying on an international flight across the pond toward Europe suddenly disappears from radar. There were no other planes located in the area nor was there any inclement weather. Nothing, not even the slightest blip, showed up on radar at the time the plane disappeared. Approximately twenty-four hours after the disappearance, fishermen reported debris from what appeared to be an airplane. Investigators were dispatched and determined that the plane itself had crashed into the ocean. No one survived. What was left of the plane itself is located minimum of 2 miles under water. Very few small floating objects remain. Investigators were hopeful that the “black box” might provide evidence of what occurred, but because it is in the fuselage 2 miles down is not recoverable. Further investigation shows that the plane had all proper maintenance, with no problems or concerns, and that the flight crew was experienced, sober, and rested prior to the flight. Tim’s wife was a passenger on the plane, and he wants to sue. Can he successfully bring a lawsuit for negligence? If so, how? If not, why? Explain.
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