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n395v

Joined: 10 Jan 2006 Posts: 450
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Posted: Wed Jan 17, 2007 6:40 am Post subject: Re: pilot's family awarded $10.5M |
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I believe that there are really 2 issues here.
The 1st is personified by.....
Quote: | if the pilot survived the crash but died as a result of that emergency service not being provided, then there's a basis of culpability. |
This is the argument that our current legal system agrees with and as such allows judgements like the one in question.
The 2nd is personified by........................................
Quote: | How our court system determined that someone should pay for this series of pilot errors is beyond me. |
This line of reasoning is held by many, including myself, and is really a philosophic or political argument. Common sense would suggest that the crash was in no way the fault of the eaa or fire department.
Unfortunately our current legal system does not recognize common sense.
The result is many, me included, feel that.................................
Quote: | We should go lynch the family and heirs and attorneys that will now profit |
In reality we are all the problem. We have allowed our elected representatives and through them the appointed judiciary to put in place a legal system that does not recognize personal responsability or common sense.
This is no different than the government re distributing wealth through taxation and seemingly ridiculous spending programs.
This will continue until we as a society get so fed up that we make a drastic change at the polls. I am not encouraged that this will ever happen givn the almost 50/50 result of most recent elections.
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brianpublic2(at)starband. Guest
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Posted: Wed Jan 17, 2007 6:42 am Post subject: pilot's family awarded $10.5M |
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One more angle to consider - never underestimate the stupidity of jurors -
after all, even the worst of shark lawyers (in both civil and criminal
cases) can't do their dirty deeds without idiotic juries going along with
the outrageous claims.
brian
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jmsears(at)adelphia.net Guest
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Posted: Wed Jan 17, 2007 6:59 am Post subject: pilot's family awarded $10.5M |
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Quote: | > One more angle to consider - never underestimate the stupidity of
> jurors - after all, even the worst of shark lawyers (in both civil and
> criminal cases) can't do their dirty deeds without idiotic juries going
> along with the outrageous claims. <<
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Unfortunately, those same jurers have no idea that their judgements can
result in lost jobs for those who work for the companies being sued. Sure,
insurance may cover most; but, there are times when the legal costs in such
cases put bussinesses out of business. Of course, the jurors who gave the
large judgement have no idea that a jury in another part of the country may
well be sitting in on a trial that could end jobs in this jury's
neighborhood. That stupidity runs nationwide.
Jim in KY
do not archive
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mikel(at)ssd.fsi.com Guest
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Posted: Wed Jan 17, 2007 7:12 am Post subject: pilot's family awarded $10.5M |
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The thing that gets me mad at these settlements is the outrageous size
of the awards. Why do juries never seem to award something "reasonable"
like $100,000? It always has to be in the multi-millions. Does EAA
even collect $10M in a year? (My bets are that EAA had $10M insurance
on the event, and the local chapter had $500k in insurance, but that's
only wild speculation.) Wherever there's money, the lawyers come. Why
do juries not know that they (juries) are destroying the freedoms of
this country?
Mike Lawson
RV-8A 81825
do not archive
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Wed Jan 17, 2007 7:19 am Post subject: Re: pilot's family awarded $10.5M |
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[quote="jmsears(at)adelphia.net"] Quote: |
Unfortunately, those same jurers have no idea that their judgements can
result in lost jobs for those who work for the companies being sued. Sure,
insurance may cover most; but, there are times when the legal costs in such
cases put bussinesses out of business. Of course, the jurors who gave the
large judgement have no idea that a jury in another part of the country may
well be sitting in on a trial that could end jobs in this jury's
neighborhood. That stupidity runs nationwide.
|
This my problem with the thread. The jurors are idiots. The FACT is: we know no such thing. In fact, the depth of what we don't know is rather astounding. We don't know what evidence they considered, we don't know their backgrounds, we don't know their reasonings, we don't know the legal issues (as evidenced by the fact we think the jurors held EAA responsible for the actions of the pilot), and YET, we still conclude that the jurors were idiots and that they were stupid. and, in fact, anytime an award is given, it's because they were stupid.
I don't know Snohomish County that well. I don't know who the jurors were, but absent that information, I'm certainly not going to conclude that they were stupid.
What on earth is the justification for concluding that we -- who know very little about the case -- have a wisdom beyond those who spent 2 1/2 weeks intimately examining the issues and evidence?
We don't even know what we don't know. And yet we want the family, the lawyers, the courts and anyone we can get our hands on lynched.
Funny thing about lynch mobs. They usually don't know all sides of the story, and they're not all that interested in finding out.
As pilots and self-admitting "smarter than most people" members of the population, shouldn't we at least be INTERESTED in more knowledge?
Do not archive
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_________________ Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/ |
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Wed Jan 17, 2007 7:25 am Post subject: Re: pilot's family awarded $10.5M |
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Quote: | Common sense would suggest that the crash was in no way the fault of the eaa or fire department.
Unfortunately our current legal system does not recognize common sense.
|
Maybe you guys have more access to information here than I do. If so, could one of you please provide me with the data that said the legal system held that the crash was the fault of the EAA or fire department?
I am aware of NO data that says the verdict held the EAA or fire department responsible for the crash -- a verdict that WOULD be outrageous. If the data is out there, please provide a link.
As near as I can tell, what the jury was asked to consider was whether the EAA provided adequate fire and emergency response services.
So for the sake of intelligent analysis, how about focusing on what the case was actually about?
Do not archive
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_________________ Bob Collins
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Wed Jan 17, 2007 7:28 am Post subject: Re: pilot's family awarded $10.5M |
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N395V wrote: | We have allowed our elected representatives and through them the appointed judiciary |
FYI, in Washington state, judges stand for election.
do not archive
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jpl(at)showpage.org Guest
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Posted: Wed Jan 17, 2007 9:15 am Post subject: pilot's family awarded $10.5M |
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I don't think you're going to convince too many folks, Bob. The
facts are fairly well-known at this point:
-The guy crashed entirely and completely due to his own fault
-Fire & rescue were on the scene in under 5 minutes (NTSB report)
-Volunteers were trying to put out the fire even prior to fire and
rescue arrival
5 minutes is not a huge amount of time. It's unreasonable (my
opinion) to expect fire and rescue to sit in the trucks for 14 hours
at a time. It's unreasonable to expect fire & rescue to be in their
gear for 14 hours at a time. It's just too hot, which will have a
significant and negative impact on effectiveness once facing a
crisis. Which means they need time to:
-Know there's an issue and get enough details to know how to respond
-Toss on gear
-Get in trucks
-Start trucks
-Drive to the scene in a safe fashion
-Get out of trucks, grab appropriate gear, put the fire out, pull the
guy from the wreck, and get him into an ambulance
And the jury thought less than 5 minutes wasn't fast enough?
Airports are big places, and air shows have a lot of people,
aircraft, etc that could be between wherever fire and rescue was
staged and the site of the accident. You don't just push a button
and *pop* you're at the accident site. You don't park the rescue
trucks next to the runway, because that's a traffic hazard likely to
cause an accident. Thus, the rescue trucks are NOT going to be
immediately on scene. They will have some travel time. In a crash &
burn, the necessary delay means the guy is going to burn.
EAA contracted with the fire department, which by definition is the
most capable organization to supply fire and rescue services. If the
fire department isn't good enough, no one is.
All of us are now paying this widow an unreasonable amount of money
because her husband was a bad pilot.
The only thing I can envision EAA did wrong was if they forced fire &
rescue to hang out in some horrible location on the far side of the
field from any likely accidents and heavily hindered from leaving
that location by traffic areas. Do you think that's what happened?
I doubt it, but that's the only thing I can think of that would
justify this sort of finding.
-Joe
On Jan 17, 2007, at 9:19 AM, Bob Collins wrote:
Quote: |
<bcollinsrv7a(at)comcast.net>
[quote="jmsears(at)adelphia.net"]
> Unfortunately, those same jurers have no idea that their
> judgements can
> result in lost jobs for those who work for the companies being
> sued. Sure,
> insurance may cover most; but, there are times when the legal
> costs in such
> cases put bussinesses out of business. Of course, the jurors who
> gave the
> large judgement have no idea that a jury in another part of the
> country may
> well be sitting in on a trial that could end jobs in this jury's
> neighborhood. That stupidity runs nationwide.
>
This my problem with the thread. The jurors are idiots. The FACT
is: we know no such thing. In fact, the depth of what we don't know
is rather astounding. We don't know what evidence they considered,
we don't know their backgrounds, we don't know their reasonings, we
don't know the legal issues (as evidenced by the fact we think the
jurors held EAA responsible for the actions of the pilot), and YET,
we still conclude that the jurors were idiots and that they were
stupid. and, in fact, anytime an award is given, it's because they
were stupid.
I don't know Snohomish County that well. I don't know who the
jurors were, but absent that information, I'm certainly not going
to conclude that they were stupid.
What on earth is the justification for concluding that we -- who
know very little about the case -- have a wisdom beyond those who
spent 2 1/2 weeks intimately examining the issues and evidence?
We don't even know what we don't know. And yet we want the family,
the lawyers, the courts and anyone we can get our hands on lynched.
Funny thing about lynch mobs. They usually don't know all sides of
the story, and they're not all that interested in finding out.
As pilots and self-admitting "smarter than most people" members of
the population, shouldn't we at least be INTERESTED in more knowledge?
Do not archive
--------
Bob Collins
St. Paul, Minn.
RV Builder's Hotline (free!)
http://rvhotline.expercraft.com
Read this topic online here:
http://forums.matronics.com/viewtopic.php?p=88287#88287
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pitts_pilot(at)bellsouth. Guest
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Posted: Wed Jan 17, 2007 9:30 am Post subject: pilot's family awarded $10.5M |
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Keep in mind that if the insurance companies feel the award was
unjustified, then they can appeal, and appeal ......
Linn
And can we use 'do not archive' on this thread???
Joseph Larson wrote:
Quote: |
I don't think you're going to convince too many folks, Bob. The
facts are fairly well-known at this point:
-The guy crashed entirely and completely due to his own fault
-Fire & rescue were on the scene in under 5 minutes (NTSB report)
-Volunteers were trying to put out the fire even prior to fire and
rescue arrival
5 minutes is not a huge amount of time. It's unreasonable (my
opinion) to expect fire and rescue to sit in the trucks for 14 hours
at a time. It's unreasonable to expect fire & rescue to be in their
gear for 14 hours at a time. It's just too hot, which will have a
significant and negative impact on effectiveness once facing a
crisis. Which means they need time to:
-Know there's an issue and get enough details to know how to respond
-Toss on gear
-Get in trucks
-Start trucks
-Drive to the scene in a safe fashion
-Get out of trucks, grab appropriate gear, put the fire out, pull the
guy from the wreck, and get him into an ambulance
And the jury thought less than 5 minutes wasn't fast enough?
Airports are big places, and air shows have a lot of people,
aircraft, etc that could be between wherever fire and rescue was
staged and the site of the accident. You don't just push a button
and *pop* you're at the accident site. You don't park the rescue
trucks next to the runway, because that's a traffic hazard likely to
cause an accident. Thus, the rescue trucks are NOT going to be
immediately on scene. They will have some travel time. In a crash &
burn, the necessary delay means the guy is going to burn.
EAA contracted with the fire department, which by definition is the
most capable organization to supply fire and rescue services. If the
fire department isn't good enough, no one is.
All of us are now paying this widow an unreasonable amount of money
because her husband was a bad pilot.
The only thing I can envision EAA did wrong was if they forced fire &
rescue to hang out in some horrible location on the far side of the
field from any likely accidents and heavily hindered from leaving
that location by traffic areas. Do you think that's what happened?
I doubt it, but that's the only thing I can think of that would
justify this sort of finding.
-Joe
On Jan 17, 2007, at 9:19 AM, Bob Collins wrote:
>
>
> [quote="jmsears(at)adelphia.net"]
>
>>
>>
>> Unfortunately, those same jurers have no idea that their judgements
>> can
>> result in lost jobs for those who work for the companies being
>> sued. Sure,
>> insurance may cover most; but, there are times when the legal costs
>> in such
>> cases put bussinesses out of business. Of course, the jurors who
>> gave the
>> large judgement have no idea that a jury in another part of the
>> country may
>> well be sitting in on a trial that could end jobs in this jury's
>> neighborhood. That stupidity runs nationwide.
>>
> This my problem with the thread. The jurors are idiots. The FACT is:
> we know no such thing. In fact, the depth of what we don't know is
> rather astounding. We don't know what evidence they considered, we
> don't know their backgrounds, we don't know their reasonings, we
> don't know the legal issues (as evidenced by the fact we think the
> jurors held EAA responsible for the actions of the pilot), and YET,
> we still conclude that the jurors were idiots and that they were
> stupid. and, in fact, anytime an award is given, it's because they
> were stupid.
>
> I don't know Snohomish County that well. I don't know who the jurors
> were, but absent that information, I'm certainly not going to
> conclude that they were stupid.
>
> What on earth is the justification for concluding that we -- who
> know very little about the case -- have a wisdom beyond those who
> spent 2 1/2 weeks intimately examining the issues and evidence?
>
> We don't even know what we don't know. And yet we want the family,
> the lawyers, the courts and anyone we can get our hands on lynched.
>
> Funny thing about lynch mobs. They usually don't know all sides of
> the story, and they're not all that interested in finding out.
>
> As pilots and self-admitting "smarter than most people" members of
> the population, shouldn't we at least be INTERESTED in more knowledge?
> Do not archive
>
> --------
> Bob Collins
> St. Paul, Minn.
> RV Builder's Hotline (free!)
> http://rvhotline.expercraft.com
>
>
> Read this topic online here:
>
> http://forums.matronics.com/viewtopic.php?p=88287#88287
>
>
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Wed Jan 17, 2007 9:54 am Post subject: Re: pilot's family awarded $10.5M |
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//The guy crashed entirely and completely due to his own fault
Not a matter of dispute in the case.
//Fire & rescue were on the scene in under 5 minutes (NTSB report)
Not a matter of dispute in the case. (The attorney said 6)
//Volunteers were trying to put out the fire even prior to fire and
rescue arrival
They weren't part of the case.
//5 minutes is not a huge amount of time. It's unreasonable (my
opinion) to expect fire and rescue to sit in the trucks for 14 hours
at a time. It's unreasonable to expect fire & rescue to be in their
gear for 14 hours at a time.
Well, again, we really don't know the "facts" here about what was considered reasonable. Let's assume your airline slides off the end of the runway and breaks into flames today. Is 5 minutes considered a "reasonable" amount of time for an emergency response.
We don't know the answer to that. But I'd be willing to bet the guy in charge of emergency response down the road at Minneapolis St. Paul airport would say "no."
MSP is a bigger airport -- a busier airport than Arlington and I'm guessing the response time would be faster for the first truck to arrive merely because it's been determined ahead of time that getting there is a priority for those services.
Again, not knowing the FACTS of 2 1/2 weeks of testimony (and you don't either), I'd be willing to bet that the reasonableness of five minutes was very much considered in this case.
// Do you think that's what happened?
I doubt it, but that's the only thing I can think of that would
justify this sort of finding.
I've said dozens of times over two days that I don't KNOW what happened. The difference is that I'm not willing to substitute what I THINK happened as fact. I'm merely advocating we get more information before determining that everyone was a scumbag here.
A lot of folks spend a lot of time on these boards following accidents lambasting the media -- and sometimes appropriately so -- for writing stuff without knowing what they're talking about.
This is a time when we ought to listen to our own advice, and at least consider educating ourselves on the case, and the testimony, before declaring what is and isn't fact.
Why is that such a bad thing?
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_________________ Bob Collins
St. Paul, Minn.
Letters from Flyover Country
http://rvnewsletter.blogspot.com/ |
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Gary.A.Sobek
Joined: 09 Jan 2006 Posts: 217 Location: SoCAL USA
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Posted: Wed Jan 17, 2007 12:10 pm Post subject: pilot's family awarded $10.5M |
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Someone asked for the NTSB report.
http://www.ntsb.gov/ntsb/brief.asp?ev_id 001212X19356&key=1
http://www.ntsb.gov/ntsb/GenPDF.asp?id=SEA99FA105&rpt=fa
Gary A. Sobek
"My Sanity" RV-6 N157GS O-320 Hartzell,
1,976 + Flying Hours So. CA, USA
_________________________________________________________________
The MSN Entertainment Guide to Golden Globes is here. Get all the scoop.
http://tv.msn.com/tv/globes2007/?icid=nctagline2
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lors01(at)msn.com Guest
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Posted: Wed Jan 17, 2007 6:11 pm Post subject: pilot's family awarded $10.5M |
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This sort of thing used to drive me to distraction but I think my head has instituted some sort of self defense mechanism in the last few years. To reduce the time wasted by me writing and others reading, I'll make this mercifully short.
We as a nation (along with all the others) have the country, government, laws, and legal system that we deserve.
Seriously, try it on for size, it really helps! Do what you can to fix this sorry state of affairs but realize that beyond staying true to Reason and freedom in your own head, there isn't much you can do.
The other thing that helps is to shove the throttle forward and feel the wings of your RV lift you above it all. Ahaaaa........
Tracy Crook
---
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ronlee(at)pcisys.net Guest
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Posted: Sat Jan 20, 2007 8:55 am Post subject: pilot's family awarded $10.5M |
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Quote: | I'm really going to regret wading into this but in the interest of
accuracy, from my reading of the matter (not via ANN would was not very
professional in its coverage, imho)suit wasn't over the fact the plane
crashed. The suit was about the contention the pilot survived the crash
but died because the responders the EAA contracted with to provide
services, took more than minutes to arrive.
|
The NTSB report mentioned arrival within a minute or so. Hardly seems
excessive to me.
Then you have a low-time pilot with minimal time in an RV, in a hurry,
and likely had a seat belt around the co-pilot stick.
Frankly from what I have read it appears pure and simple pilot error.
Then someone has to find deep pockets when at the end of the day if
the pilot screwed up then just accept it and move on. Quit going after
someone else.
Ron Lee
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Sat Jan 20, 2007 9:08 am Post subject: pilot's family awarded $10.5M |
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//The NTSB report mentioned arrival within a minute or so. Hardly seems
excessive to me.
Me neither. And I believe there was a deposition entered on the report, but
we don't know much more than that. The report didn't indicate where that
figure came form and as someone posted in this thread much earlier who was
there, he indicated it couldn't have been much more than 5 minutes. I would
presume, certainly, that this was discussed at trial.
//Then you have a low-time pilot with minimal time in an RV, in a hurry, and
likely had a seat belt around the co-pilot stick.
Frankly from what I have read it appears pure and simple pilot error.
Me too. But the case wasn't about what caused an airplane to crash.
Do not archive
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_________________ Bob Collins
St. Paul, Minn.
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http://rvnewsletter.blogspot.com/ |
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Wed Jan 31, 2007 7:00 pm Post subject: Re: pilot's family awarded $10.5M |
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There will be a hearing on this case next week. I have obtained the EAA motion from John Wiegenstein, an RV builder and an attorney who was kind enough to do some of the legwork for me. And today I received the plaintiff's response to the motion.
I'm working on the story now and it will be in the RV Builder's Hotline, hopefully, on Friday or Saturday.
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Bob Collins

Joined: 11 Mar 2006 Posts: 470 Location: St. Paul, Minnesota
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Posted: Fri Feb 02, 2007 6:24 am Post subject: pilot's family awarded $10.5M |
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If you read the testimony, it sounds like they're talking about two different events.
But I think the head puzzler is not about a crash at all but about the decision that took the city of Arlington off the HOOK. *If* the original argument is that the EAA had a responsibility to be sure Arlington provided proper fire services and THEN Arlington was judged to be not liable for whatever reason, how does that liability then somehow transfer to the EAA, which didn't own a fire department and didn't run an airport?
Frankly, the county's use of not having a single judge in charge of a suit/trial from start to finish might be the stupidest thing in this whole affair.
I keep going back, though, to the pilot. I don't fly an RV but what do people do with their hands when they're taxiing? Don't you put one of them on the yoke? I would think that from startup to take-off, you'd "feel" that the yoke wasn't free (if there'd been a safety belt wrapped around it), just from natural arm movement. But, like I said, I don't fly one.
Do not archive
From: owner-rv-list-server(at)matronics.com [mailto:owner-rv-list-server(at)matronics.com] On Behalf Of David Leonard
Sent: Friday, February 02, 2007 12:07 AM
To: rv-list(at)matronics.com
Subject: Re: Re: pilot's family awarded $10.5M
Ok, that seems pretty much like the details.. Thanks Bob
NOW can we lynch the plantif lawyers???
Dave Leonard
[quote][b]
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_________________ Bob Collins
St. Paul, Minn.
Letters from Flyover Country
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jpl(at)showpage.org Guest
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Posted: Fri Feb 02, 2007 6:48 am Post subject: pilot's family awarded $10.5M |
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It's not the lawyer's fault. The job of the lawyer is to represent his client. Sounds like this lawyer is doing just that. The fault belongs to whoever first started blaming anyone beyond the pilot. That might have been an ambulance-chasing lawyer, but could be anyone in the family or a family friend saying, "You're going to sue them, aren't you?"
You can also blame the law makers for making laws too convoluted for any reasonable person to follow.
-J
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On Feb 2, 2007, at 12:06 AM, David Leonard wrote:
[quote]Ok, that seems pretty much like the details.. Thanks Bob
NOW can we lynch the plantif lawyers???
Dave Leonard
On 2/1/07, Bob Collins <bcollinsrv7a(at)comcast.net (bcollinsrv7a(at)comcast.net)> wrote:
[b]
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cjensen(at)dts9000.com Guest
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Posted: Fri Feb 02, 2007 7:02 am Post subject: pilot's family awarded $10.5M |
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Lynching the plaintif attorneys is an attractive proposition, but we've got a lot of work to do first...like stringing up the presiding judge and all of the jury. The Plaintif Attorneys only made their client's argument. It was the judge that made rulings and the jury that found for the claimant. Perhaps the attorney's are the least culpable of the three????
Bob, thanks for the article. An interesting read to say the least. These things are never clear cut. If not with this judge, then eventually the whole case is likely to turn on a couple of narrow legal principles about assumed responsibility and resonableness of the responding rescue. A jury finding is much like instant replay in footballl--we have a call on the field and it will take indisputable evidence to overturn it.
The other possible outcome will be a reduced award that all parties agree to---kind of like kissing your sister.
Chuck Jensen
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