An appeals court has removed a skydiving instructor as a defendant in a personal injury suit filed by a woman who was injured when the small plane she was to have jumped out of crashed on takeoff.

A unanimous Appellate Division, Fourth Department, panel said the 2010 crash of the six-passenger Cessna, used by the Frontier Skydivers company, was not a foreseeable accident for which defendant John Huber had a duty to protect plaintiff Tonya Tiede.