Whistleblower Complaint and Witness Testimony Admitted
In another blow to Boeing, the court rejected its bid to exclude testimony from FAA investigator David Gerlach and whistleblower Curtis Ewbank, a former Boeing engineer who filed an internal ethics complaint about the 737 Max. The judge ruled the complaint qualifies as a legitimate internal business record, not hearsay.
Judge Martinez also approved LOT’s motion to bar Boeing from referencing the termination of former LOT CEO Rafal Milczarski, finding the matter “more prejudicial than probative.”
Congressional testimony from former Boeing CEO Dennis Muilenburg and Chief Engineer John Hamilton, both of whom conceded to “mistakes” in the 737 Max program, will be shown to jurors — despite Boeing’s objections that it could sway them emotionally.
Evidence Scope and Confidentiality Issues
The judge stopped short of broadly excluding evidence about the 737 Max’s design flaws, saying Boeing’s concerns about cumulative exhibits could be handled during trial.
He also deferred ruling on LOT’s motion to restrict settlement discussions from being mentioned at trial but said any evidence derived solely from those talks will be excluded.
Addressing Boeing’s request to limit media access, Judge Martinez declared the courtroom will remain open, though certain exhibits may not be displayed on public monitors.
