Lawsuit Covering Ag Aviation Customer Liability for Withholding Safety Information to be Heard by Jury; RFD-TV Covers Court Ruling

RFD-TV covered last month’s U.S. Court of Appeals for the Fourth Circuit ruling that the Kritter Cropdusting case, stemming from a fatal wire-strike crash, must go to a jury trial. RFD-TV anchor Suzanne Alexander interviewed Roger McEowen with the Washburn School of Law, who brought up the question of whether farmers and landowners should be required to disclose to an ag pilot if there are hazards in a field.

The lawsuit stems from the death of veteran Virginia ag pilot Eugene (Gene) Kritter, who was fatally injured on June 18, 2020. The helicopter he was piloting crashed just north of Goldsboro, North Carolina. The Robinson R66 helicopter struck a steel dove line while spraying corn.

His estate and Kritter Cropdusting sued Murry Rayborn Daw’s estate, Daw Farms, Nutrien Ag Solutions, and William Jordan Elmore, alleging negligence and other claims. The case was heard in the U.S. District Court for the Eastern District of North Carolina and issued a summary judgment—deciding the case without a full trial, determining that there are no genuine issues of material fact in dispute and that one party is entitled to judgment as a matter of law. On July 8, 2025, a three‑judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a published opinion that vacated the district court’s dismissal and remanded the matter for a jury trial. The appeals court concluded that questions of fact remain, meaning it is not for a judge to decide as a matter of law. This includes factual disputes about negligence, foreseeability and duty regarding the visible hazards encountered by Kritter.

After the 2011 death of California ag pilot Stephen Allen, his family was awarded a subsequent legal settlement from tower companies and landowning interests for $6.7 million in damages due to his fatal injuries and not being informed by the defending parties of the location of an unmarked meteorological evaluation tower that he struck and was killed by.

NAAA will keep members informed about this case, Lynne Kritter v. Brent Mooring, No. 24-1158 (4th Cir. 2025), finding potential legal liability for aerial customers withholding key safety information from agricultural aviation operations.  

Our thoughts are with Gene’s wife, Lynne, and their three daughters, Elena, Dani, and Josie.