Cirrus sued by Lidle's & Stanger's families

On Mar 5, 12:58 pm, "Darkwing" theducksmail"AT"yahoo.com wrote:
"chris" wrote in message

oups.com...





On Mar 6, 8:07 am, "BDS" wrote:
"Kingfish" wrote

I read this on AvWeb this morning - not only is Cirrus named in the
suit, but also Teledyne, Hartzel, S-Tec, Honeywell and Justice
Aviation (whoever they are). And this *before* the NTSB has determined
the cause. Unbelievable.

They left out the company that made the bricks that the building was
constructed of, the City of New York for allowing it to be put there when
it
is an obvious hazard to aircraft, the FAA for extending the VFR corridor
up
the river that far, etc.

Gee, the only person they left out was the guy who's fault it probably
was -
what a shocker.

BDS

Bloody hell.. This is why the rest of the world thinks there is
something wrong with Americans! Anybody heard of personal
responsibility??

If the plaintiff in a lawsuit had to pay for the defendants legal bills if
the plaintiff loses (like in Europe) most of this frivolous suing BS would
go away. Well I'm off to pour hot coffee all over my crotch.

Actually, if you want real legal reform all you would need to is to
cause punitive damages to go to someone/something other than the
claimant. The legal system makes the person whole through actual
damages (pain and suffering, lose of income, expenses, etc). Giving
punitive damages to this person never made any sense to me at all.
Allow attorneys to still collect a percentage of the punitive but the
rest should go somewhere else (even to the bottom of the ocean would
be better).

-Robert

Darkwing wrote:

If the plaintiff in a lawsuit had to pay for the defendants legal bills if
the plaintiff loses (like in Europe)

Canada

On 3/5/2007 3:05:54 PM, Ron Natalie wrote:

I think you're talking about the Overmyer crash. That was a VK-30 not
the SR20/22. The elevator jammed.

No, it was an SR20. You made me get off my lazy bum to look it up in the NTSB
database.

Here is the accident of which I was thinking. Back in 1999 a Cirrus test
pilot was killed when the aileron jammed:

http://www.ntsb.gov/ntsb/brief.asp?e...05X00274&key=1

Small quote from the report:

The National Transportation Safety Board determines the probable cause(s) of
this accident as follows:

the lack of sufficient aileron-to-wing gap clearance design.

--
Peter

Stupid pilots kill themselves every day and their families
just can't say, "the dumb **** screwed up" and they sue.
Since juries NEVER have an engineer or pilot [lawyers
exclude them in the selection process] you get bad awards.

The NTSB is not the final word, but when they point out a
real problem in design, it usually results in a design
change and an AD note.



"Peter R." wrote in message
...
| On 3/5/2007 3:05:54 PM, Ron Natalie wrote:
|
| I think you're talking about the Overmyer crash. That
was a VK-30 not
| the SR20/22. The elevator jammed.
|
| No, it was an SR20. You made me get off my lazy bum to
look it up in the NTSB
| database.
|
| Here is the accident of which I was thinking. Back in 1999
a Cirrus test
| pilot was killed when the aileron jammed:
|
|
http://www.ntsb.gov/ntsb/brief.asp?e...05X00274&key=1
|
| Small quote from the report:
|
| The National Transportation Safety Board determines the
probable cause(s) of
| this accident as follows:
|
| the lack of sufficient aileron-to-wing gap clearance
design.
|
| --
| Peter

On 3/5/2007 3:08:03 PM, "chris" wrote:

This is why the rest of the world thinks there is
something wrong with Americans!

Um, it's not Americans, but rather the American legal system about which you
are complaining. As an American, I can tell you that I am just as ****ed off
about these types of lawsuits as perhaps the majority of us are. These types
of lawsuits have really changed our society for the worse over the last
thirty years.

If it makes you feel any better about some of us here, back in 1985 I was
riding my motorcycle down a two-lane street when an automobile pulled out of
a driveway and crossed right in front of me left to right. I was unable to
avoid the car, hit the driver's side door and catapulted over the top of the
car. It was clearly the other driver's fault.

The insurance company covered my lost income while I recovered, my medical
expenses, and damage to my motorcycle. I let it go at that and didn't bother
suing them for large amounts of pain and suffering despite the fact that it
would have been an open-and-shut case.


--
Peter

Robert M. Gary wrote:
On Mar 5, 10:50 am, "Kingfish" wrote:

I guess we all knew this was gonna happen...

I read this on AvWeb this morning - not only is Cirrus named in the
suit, but also Teledyne, Hartzel, S-Tec, Honeywell and Justice
Aviation (whoever they are). And this *before* the NTSB has determined
the cause. Unbelievable. They claim the feds' data show Cirrus
aircraft having a history of aileron failures and other accidents
involving flight control failures. I've read about quite a few Cirrus
accidents on this forum and don't recall anything about a control
system failure(?)

So they go after the engine mfr (did it quit on them?) and the
propeller mfr (did it fall off?) and the autopilot mfr (did George fly
them into the building?) The "Deep Pockets" theory is still in
effect I 'spose... Ugh. Our legal system needs an enema.


Anyone named in the initial action is no longer protected by time. If
you wait too long you can't file against anyone. You always name
anyone who could possibly be named in the first round. Usually you end
up with 1 or 2 named by the time you make an offer.

-Robert


What is really sad is that some companies will settle out of court to
avoid paying all the legal costs that can come with some insane jury.

--

Regards, Ross
C-172F 180HP
KSWI

Robert M. Gary opined

On Mar 5, 12:58 pm, "Darkwing" theducksmail"AT"yahoo.com wrote:
If the plaintiff in a lawsuit had to pay for the defendants legal bills if
the plaintiff loses (like in Europe) most of this frivolous suing BS would
go away. Well I'm off to pour hot coffee all over my crotch.

Actually, if you want real legal reform all you would need to is to
cause punitive damages to go to someone/something other than the
claimant. The legal system makes the person whole through actual
damages (pain and suffering, lose of income, expenses, etc). Giving
punitive damages to this person never made any sense to me at all.
Allow attorneys to still collect a percentage of the punitive but the
rest should go somewhere else (even to the bottom of the ocean would
be better).

But who?

If punitive awards go to the state, it would become a revenue source. How long
would it take for every trial end up with punitive damages?

Giving the money to charities would be better, but I suspect that there would
still be problems.

Better to just ban punitive damages.



-ash
Cthulhu in 2007!
Why wait for nature?

Ash Wyllie wrote:


Better to just ban punitive damages.



I disagree. There is a place for punitive damages. Let's take an manufacture
as an example. Company A finds a design flaw. They do the math and decide
that it would be cheaper to pay out X number of damage awards in the future
than to recall the items and fix them. This is a case where punitive damages
should be levied.

On the other side Company B has a problem with a product and before a recall
could take place there are injuries. This is where no punitive damages
should be levied.

One other thing. The lawyers shouldn't get a cent of punitive damages.

"Dallas" wrote in message
...
On Mon, 05 Mar 2007 20:45:31 GMT, Dallas wrote:

Pretty interesting story:
http://tinyurl.com/279z8s

They make finding part 2 of the story a bit difficult so here's a link to
the conclusion:

Remember to take this reporting with a grain of salt. This, after all, a
report from ANN, the illustrious publication of the "Captain Zoom."

More factual reporting can be had at a hairdresser shop.
--
Jim in NC

Since juries NEVER have an engineer or pilot [lawyers
exclude them in the selection process] you get bad awards.

So that explains why at 42, I have never been called for Jury duty! I
am both an engineer and a pilot...