## Facts

- Dean Abrahamson was a non-practicing medical doctor who flew frequently for work as a teacher and consultant.
- On April 4, 1979, Abrahamson flew from New York to Minneapolis on a Trans World Airlines (TWA) Boeing 727.
- While cruising at about 39,000 feet, the aircraft suddenly rolled over and went into an uncontrolled tailspin.
- For roughly 40 seconds, the plane fell about 34,000 feet at a speed just below the speed of sound; passengers experienced forces of about 6 Gs.
- Abrahamson testified that he believed death was certain and that the G-forces prevented him from lifting his arms to reach the oxygen masks that had come loose.
- The pilots regained control about five seconds before impact and made a safe emergency landing in Michigan.
- After the incident, Abrahamson continued to fly regularly, but on many flights he experienced anxiety with physical symptoms, including adrenaline surges, sweaty hands, elevated pulse, and increased blood pressure; he sometimes needed two days after a flight to relax.
- Abrahamson did not seek medical treatment, stating that he did not think other doctors could help him.
- Abrahamson and other passengers sued TWA for negligent infliction of emotional distress (NIED). Boeing was also originally a defendant, but before trial Boeing entered a Pierringer release and was dismissed.
- A jury found TWA 70% causally negligent and Boeing 30% causally negligent and awarded Abrahamson $50,000 in damages.
- TWA moved for judgment notwithstanding the verdict (JNOV) or, alternatively, a new trial; the trial court denied the motions, and TWA appealed.

## Issues

1. Did Abrahamson present a prima facie case of negligent infliction of emotional distress, including sufficiently serious distress with physical manifestations?
2. Did the trial court abuse its discretion by refusing to tell the jury that Boeing had settled and been dismissed?
3. Did the trial court abuse its discretion by admitting evidence of physical damage to the aircraft from the incident?
4. May the appellate court review TWA’s challenge to consolidation of passenger claims when that ground was not stated in TWA’s new-trial motion?
5. Did the trial court abuse its discretion by excluding TWA’s emotional-distress damages witness disclosed less than one week before trial?
6. Did Abrahamson improperly give medical opinion testimony by referring to medical literature he read about his condition?
7. Was plaintiff’s closing argument so improper and prejudicial that the trial court should have acted on its own motion despite the lack of objection or request for a curative instruction?

## Decision

- The Minnesota Court of Appeals affirmed the judgment for Abrahamson and affirmed the denial of TWA’s post-trial motions.
- The court held that a passenger in a commercial airliner that fell approximately 34,000 feet in an uncontrolled tailspin presented a prima facie NIED claim; Abrahamson’s ongoing anxiety tied to flying, with physical symptoms such as sweating and elevated pulse and blood pressure, met Minnesota’s requirement of physical manifestations.
- The trial court did not abuse its discretion by refusing to inform the jury that Boeing had settled and was no longer a party.
- The trial court did not abuse its discretion by admitting evidence of physical damage to the aircraft because it had probative value on the severity of the event and was not clearly prejudicial.
- The court declined to review the consolidation argument because TWA did not preserve that ground by stating it in its motion for a new trial.
- The trial court acted within its discretion in excluding TWA’s late-disclosed witness on emotional-distress damages.
- Abrahamson did not testify as a medical expert; he described his own experiences and that he consulted medical literature, but he did not offer a formal diagnosis.
- The closing argument did not require the trial court to intervene on its own motion where TWA did not object or request a curative instruction, and the argument was not shown to be so prejudicial as to warrant reversal.

## Legal Principles

- Minnesota allows recovery for NIED when a defendant’s negligence places the plaintiff within a zone of danger, the plaintiff reasonably fears for personal safety, and the plaintiff suffers serious emotional distress supported by physical manifestations.
- Whether to inform a jury about a settling co-defendant is generally a discretionary trial-management decision; nondisclosure may be proper to avoid unfair influence on liability and damages determinations.
- Evidence describing the severity of an incident may be admissible when it helps the factfinder assess the plaintiff’s fear and resulting distress, so long as probative value is not substantially outweighed by unfair prejudice.
- Alleged trial error ordinarily must be preserved in a post-trial motion; appellate courts may refuse review when a claimed ground (such as improper consolidation) is not stated in the motion for a new trial.
- Trial courts have broad discretion to exclude witnesses, including damages witnesses, when a party fails to timely disclose them and late disclosure would cause unfair surprise.
- A party does not give improper medical opinion testimony merely by describing symptoms and personal research, absent a technical diagnosis or opinion offered as medical proof.
- Without a contemporaneous objection, reversal for closing argument is reserved for extreme misconduct that is plainly and substantially prejudicial.

## Conclusion

Quill v. Trans World Airlines affirmed a $50,000 verdict for negligent infliction of emotional distress where a frequent flier experienced a terrifying in-flight tailspin and later suffered recurring anxiety with physical symptoms during subsequent flights; the court also upheld the trial court’s discretionary rulings on settlement nondisclosure, admission of aircraft-damage evidence, exclusion of a late-disclosed damages witness, limits on reviewing unpreserved issues, treatment of the plaintiff’s testimony about medical reading, and the absence of sua sponte intervention during closing argument.


Quill v. Trans World Airlines, 361 N.W.2d 438 (1985)