Airline Pilot Forums

Just found the article on yahoo about the family of someone who sadly lost their life as a result of the crash, suing the family of the pilot. I really hate to see this happen.

APNewsBreak: Lawsuit filed in Reno air race crash - Yahoo! News (http://news.yahoo.com/apnewsbreak-lawsuit-filed-reno-air-race-crash-181921040.html)

You knew it was just a matter of time. I'm sure the lawyers were chomping at the bit.

This right here is a PRIME example of why they need a "loser-pays" system, kind of like what happened in the columbine lawsuit against all those video game companies.

My condolances to the widow and children, but we were all there due to free will. It could have easily been me and my friends that were killed. The "Ghost" was aiming nose down, right at us, until about 3/4 of a second prior to impact.
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One of my friends was in the crowd at Reno and was hit with debris and taken to the hospital. He said different lawyers have been contacting him since day 1 and he doesn´t even know how they got his phone number.

This right here is a PRIME example of why they need a "loser-pays" system, kind of like what happened in the columbine lawsuit against all those video game companies.

Great idea! Not.

Instead of the low bar to access justice for all Americans, you know, a more free and equitable system, you would advocate only letting people who are harmed but can afford to lose to file a lawsuit. Our system is a compromise but it is certainly the most fair in the world. Filing a lawsuit and prevailing on the facts and the law are two very different things.

Great idea! Not.

Instead of the low bar to access justice for all Americans, you know, a more free and equitable system, you would advocate only letting people who are harmed but can afford to lose to file a lawsuit. Our system is a compromise but it is certainly the most fair in the world. Filing a lawsuit and prevailing on the facts and the law are two very different things.

Here's the problem. There is no reason not to sue. Win lose or draw you have nothing to lose. More often than not a settlement is reached simply because it's cheaper than the legal fees, it's a guaranteed win for the plaintiff. You have nothing on the line.

It's not about whether you can afford it... If your case merits a lawsuit, you should have nothing to worry about right? It's the lack of culpability that's the problem.

This case in particular makes me want to punch a bag of kittens. "No amount of money can replace what we've lost". Yeah, except maybe $25 freaking mil.

Great idea! Not.

Instead of the low bar to access justice for all Americans, you know, a more free and equitable system, you would advocate only letting people who are harmed but can afford to lose to file a lawsuit. Our system is a compromise but it is certainly the most fair in the world. Filing a lawsuit and prevailing on the facts and the law are two very different things.
The costs, financially and legally (think time and effort of the system which has to deal with certain lawsuits) of frivolous lawsuits weakens the entire system.
And one person's frivolous lawsuit is NOT necessarily another's legitimate lawsuit. If you have looked, read, or listened at the system and some lawsuits brought forth you will be able to point out the ones that don't have merit. All types of people should be able to bring forth a lawsuit, and all types of people should have frivolous lawsuits thrown out. But that is all a pipe dream, as any form of personal responsibility is dead in this country. It is always SOMEONE ELSES' fault and MONEY does well to ease the pain that can't be forgotten.

USMCFLYR

Fact: 95% of of civil lawsuits never make it to trial.

We do have a final arbiter in our judicial system who decides what lawsuits should proceed. He's called a judge. The judge and opposing counsel have a method to challenge frivolous lawsuits and impose sanctions on lawyers who knowingly bring such suits: Rule 11 of the Federal Rules of Civil Procedure. Most states have adopted this rule into their own state rules as well.

Are the courts clogged? Sure, we don't have enough of them to cope with our growing population and the exponential expansion of the federal criminal code that has taken place in the last 20 years. The civil and criminal dockets get heard by the same judges and compete for time before the court.

Many civil cases are settled in arbitration which does split the cost of the arbiter and usually results in reduced judgements. Both sides can agree to this route and most credit purchase agreements require them, even to the point of dictating which state law will be applied.

Bottom Line: Judges don't have time to deal with baseless lawsuits either and if there is no claim upon which to grant relief, then the lawsuit is thrown out. Also, after some discovery, if there is no genuine issue of material fact and the law favors the defendant either through statutory interpretation or precedent then the lawsuit is dismissed.

Additionally, most plaintiff's attorney's work on contingency fees and aren't going to invest a lot of their own money in a suit that won't win or settle.

Not perfect, but the most fair to the most people, especially poor and poorly educated citizens who have been harmed. You don't hate poor people, do you? :D

67% of all statistics are made up on the spot.

He was there by choice. I go to cedar pointe by choice, ride the rides, and take a chance that the ride isnt gonna brake. The airplane is inspected im sure just like a rollercoaster...stuff happens. Its okay kids, daddy is gone, but we now have 25mil. We can have honda make you a robo-dad now.

This is a waste of time and i feel bad for the pilot's family and co-workers that have to be dragged thru this.

Disregarding assumption of risk for a second, if the plane was negligently modified and that modification created a dangerous condition that was foreseeable (but not foreseeable to the victims), should the victims or their families be compensated for their loss? Should they receive punitive damages?

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Negligent modification? These guys are pushing airframes and power plants to the absolute limit, and the spectators came to watch. Maybe there is a reasonable expectation for viewer safety, but sometimes... Dookie happens. A trim tab departure to GLOC, at the EXACT position on the race course that allowed the plane to roll into the crowd was a billion:1 occurrence. How that entitles someone to a $25 million dollar pay day is beyond me.

Negligent modification? These guys are pushing airframes and power plants to the absolute limit, and the spectators came to watch. Maybe there is a reasonable expectation for viewer safety, but sometimes... Dookie happens. A trim tab departure to GLOC, at the EXACT position on the race course that allowed the plane to roll into the crowd was a billion:1 occurrence. How that entitles someone to a $25 million dollar pay day is beyond me.

Assuming they prevail, I seriously doubt the award would be that high. You don't get a windfall for suffering bad consequences but you can ask for whatever you want.

Assuming they prevail, I seriously doubt the award would be that high. You don't get a windfall for suffering bad consequences but you can ask for whatever you want.

They shouldn't get anything IMHO. Accidents happen, and it's why you have life insurance. Life is not a zero risk game. Seems like everyone is responsible for everyone elses misery these days. I say this having come close to losing several of my own family members to this crash, and I can say beyond a shadow of a doubt had the tables been turned this is not the avenue I would go down. Drunk driver, you bet. Freak tragedy... No way.

Fact: 95% of of civil lawsuits never make it to trial.

We do have a final arbiter in our judicial system who decides what lawsuits should proceed. He's called a judge. The judge and opposing counsel have a method to challenge frivolous lawsuits and impose sanctions on lawyers who knowingly bring such suits: Rule 11 of the Federal Rules of Civil Procedure. Most states have adopted this rule into their own state rules as well.

Are the courts clogged? Sure, we don't have enough of them to cope with our growing population and the exponential expansion of the federal criminal code that has taken place in the last 20 years. The civil and criminal dockets get heard by the same judges and compete for time before the court.

Many civil cases are settled in arbitration which does split the cost of the arbiter and usually results in reduced judgements. Both sides can agree to this route and most credit purchase agreements require them, even to the point of dictating which state law will be applied.

Bottom Line: Judges don't have time to deal with baseless lawsuits either and if there is no claim upon which to grant relief, then the lawsuit is thrown out. Also, after some discovery, if there is no genuine issue of material fact and the law favors the defendant either through statutory interpretation or precedent then the lawsuit is dismissed.

Additionally, most plaintiff's attorney's work on contingency fees and aren't going to invest a lot of their own money in a suit that won't win or settle.

Not perfect, but the most fair to the most people, especially poor and poorly educated citizens who have been harmed. You don't hate poor people, do you? :D

Well said. Let's not throw the baby out with the bathwater.

After reading the article I think this case should be tossed out on account of the plaintiff's attorney being a retard.

His attempt to place blame on risk takers and promoters is laughable considering the deceased was a race pilot/airshow volunteer himself who falls into both groups the attorney is pursuing for damages.

I'd bet this guy would still be filing suit just the same if the deceased had perished while performing his duties as a fireman.


Taken from the article:

"The attorney said he wanted to hold "two groups of wrongdoers" accountable: "Those who pushed the limits of physics on the plane, being risk takers and reckless without regard for the people who might be watching them, and those who promoted and profited from hosting the show.""

"Salerno, 50, of Friendswood, Texas, was a dispatcher for Continental Airlines and a lieutenant for a volunteer fire department who also volunteered at an annual Houston air show and was an avid racing pilot."

After reading the article I think this case should be tossed out on account of the plaintiff's attorney being a retard.

His attempt to place blame on risk takers and promoters is laughable considering the deceased was a race pilot/airshow volunteer himself who falls into both groups the attorney is pursuing for damages.

I'd bet this guy would still be filing suit just the same if the deceased had perished while performing his duties as a fireman.


Taken from the article:

"The attorney said he wanted to hold "two groups of wrongdoers" accountable: "Those who pushed the limits of physics on the plane, being risk takers and reckless without regard for the people who might be watching them, and those who promoted and profited from hosting the show.""

"Salerno, 50, of Friendswood, Texas, was a dispatcher for Continental Airlines and a lieutenant for a volunteer fire department who also volunteered at an annual Houston air show and was an avid racing pilot."

Stop it with the common sense, you're going to give me an anyurism.

I am surprised anyone is allowed to sue at a race. Don't people go there at their own risk? For anyone that has gone to an air race, was there a waiver on your ticket to the effect of your safety? I have not had the chance to go to a race yet, but that would seem logical. I know when you go to a baseball game the risk is your if you get hit by a stray baseball.

I am surprised anyone is allowed to sue at a race. Don't people go there at their own risk? For anyone that has gone to an air race, was there a waiver on your ticket to the effect of your safety? I have not had the chance to go to a race yet, but that would seem logical. I know when you go to a baseball game the risk is your if you get hit by a stray baseball.
There are also signs up and around a hotel pool that warn you of no lifeguard and that you are swimming at your own risk. Probably won't hold up in court and the hotel can not waive the risk that THEY incur simply by having a pool on the premise. Strange legal times we live in.

USMCFLYR

[QUOTE=WhistlePig;1084416]Fact: 95% of of civil lawsuits never make it to trial.

The reason for this is because most insurance companies (or other companies) decide to settle matters out of court simply due to the expenses incurred during a trial, without any bearing on the possible outcome or circumstances surrounding a case. As a result, it encourages people to file frivolous lawsuits as they literally have nothing to lose. This creates a flawed sense of morality when it comes to our judicial system and as previously stated, the "loser pays" system is the only way to prevent flippant cases from being filed in the first place.