You are not a pilot, but always wanted to fly in a fighter jet in Tampa, Fl. Your rich uncle says he will pay for it, all you need to do is research the internet for a place to fly the L-39 jet fighter. Conduct that research now before proceeding with this scenario.
Your favorite uncle pays $3,500 for you to take that 30 minute flight, (after you had signed the liability waiver). You find it very exciting, especially flying in an aircraft with the word EXPERIMENTAL stenciled on the side. You loved the g-force and the rolls, which made you scream and holler throughout the flight. During the flight the pilot flies through a flock of sea gulls, and the engine stops. The pilot manages to land the plane on the side of the road and the aircraft suffers major damage, however no one is injured. The next morning, you suffer a heart attack, require emergency surgery, but survive and return to a normal routine 6 months later. The owner of the airplane sues you for the damages and loss of future revenue, because your excited vocalization distracted the pilot during the flight, claiming you were the reason he flew into the birds. The lawsuit also claims that you are barred from suing him, because you signed the waiver of liability. A friend from the FAA tells you that flight could not have been even legal because of FAA regulations regarding flights in aircraft certified in the experimental category.
The owner of the aircraft wins the case. But during the three years the case was occurring, you went to law school and became an aviation attorney. You move the court in an appeal and the judge overturns the prior verdict.
In a three page brief, describe the possible basis for the judges verdict. Remember: 3 full pages (double spaced) Times New Roman, 12p, APA style, 3 references, not wiki, not youtube, not Skybrary, and no sources without an author’s name.