The Plaintiff's husband was a passenger in a single engine plane, which crashed on Interstate 95 in southern New Hampshire, killing him and one other passenger. The pilot, who survived the crash, was a part-time instructor for the flying school, which had rented the plane. It was determined that he was intoxicated at the time of the accident and he had a history of four OUI convictions. Keith L. Miller brought an action on behalf of the estate against the flying school, claiming it was negligent for permitting the pilot to fly the aircraft. The case settled prior to trial for the limits of insurance on the flying school's policy.