VFR into IMC, Lycoming sued for $26 million
#1
Gets Weekends Off
Thread Starter
Joined APC: Nov 2009
Posts: 5,193
VFR into IMC, Lycoming sued for $26 million
Any judges or lawyers here want to try and defend this one?
Massive $26M Verdict Against Lycoming Raises More Questions Than Answers | Aero-News Network
Massive $26M Verdict Against Lycoming Raises More Questions Than Answers | Aero-News Network
#3
Bracing for Fallacies
Joined APC: Jul 2007
Position: In favor of good things, not in favor of bad things
Posts: 3,543
Unbelievable. Yet ANOTHER example of of our zero personal responsibility society. Thanks for sharing, I hope this gets the negative publicity these lawyers (and probably the plaintiff) deserve. Thanks to them for ruining GA for everyone else.
By the way, who composed the jury? Pilots?
By the way, who composed the jury? Pilots?
#4
Wow
Why on earth was a pop-up IFR not requested?
From the NTSB:
The pilot, age 47, held an airline transport pilot certificate with airplane multiengine rating, and a commercial pilot certificate with airplane single-engine land and airplane single-engine sea ratings. In addition, the pilot held a turbojet powered rating and type ratings in various transport category aircraft. A first-class airman medical certificate was issued on November 26, 2007, with the limitations stated, "must wear corrective lenses, not valid for any class after." The pilot reported on her most recent medical certificate application that she had accumulated 14,200 total flight hours.
EDIT: The report further states: Examination of the engine revealed that the number four cylinder exhaust valve was stuck in the open position and was bent. The camshaft was intact and each of the camshaft cam lobes exhibited severe wear and spalling signatures. The corresponding tappets exhibited severe spalling on their respective camshaft contact surfaces. The engine exhibited signatures consistent with a high time engine."
So that's probably why the jury did what it did - it was the engine's fault /sarcasm.
From the NTSB:
The pilot, age 47, held an airline transport pilot certificate with airplane multiengine rating, and a commercial pilot certificate with airplane single-engine land and airplane single-engine sea ratings. In addition, the pilot held a turbojet powered rating and type ratings in various transport category aircraft. A first-class airman medical certificate was issued on November 26, 2007, with the limitations stated, "must wear corrective lenses, not valid for any class after." The pilot reported on her most recent medical certificate application that she had accumulated 14,200 total flight hours.
EDIT: The report further states: Examination of the engine revealed that the number four cylinder exhaust valve was stuck in the open position and was bent. The camshaft was intact and each of the camshaft cam lobes exhibited severe wear and spalling signatures. The corresponding tappets exhibited severe spalling on their respective camshaft contact surfaces. The engine exhibited signatures consistent with a high time engine."
So that's probably why the jury did what it did - it was the engine's fault /sarcasm.
Last edited by N9373M; 04-10-2013 at 12:54 PM.
#6
Seems an improbable verdict unless the plantiff's attorneys were somehow able to have the NTSB report suppressed...which I'm pretty sure would, in and of itself, be grounds for appeal.
#8
Originally Posted by UnderOveur:1388507
Seems an improbable verdict unless the plantiff's attorneys were somehow able to have the NTSB report suppressed...which I'm pretty sure would, in and of itself, be grounds for appeal.
#9
Gets Weekends Off
Joined APC: Jan 2013
Posts: 834
For those that have been around awhile, this is nothing new, or shocking.
This is exactly why Cessna stopped building piston powered airplanes. Additionally, none of the NTSB's findings are admissible in court. You cannot just slap the NTSB's work on the court and say pay up. This, in large part, leaves the door wide open for what happens next. The greiving or greedy family finds an attorney, or more likely one finds them... Reasons given in court for an accident are often twisted or concocted, or a parallel investigation is performed by an attorney to substantiate an NTSB position, if that would be in their favor... If an independent investigation turns up the same result as an NTSB investigation, then the same net argument can be put forth in court, relieving an attorney of making something up... Attorneys, many times, would much prefer to go after a light plane accident as opposed to other heavier aircraft. Take a generic Cessna Citation for example; attorneys have a harder time saying the flight crew wasn't qualified or otherwise lacked training or proving a defect with the aircraft or that the maintenance was improper and not up to date. It makes their job tougher. That is why attorneys foam at the mouth over piston accidents. Cirrus has taken some steps in the right direction to protect themselves but they are not adequate. The best I have seen so far is Frank Robinson's approach, with the special FAR. Unfortunately, this is the world we live in...
This is exactly why Cessna stopped building piston powered airplanes. Additionally, none of the NTSB's findings are admissible in court. You cannot just slap the NTSB's work on the court and say pay up. This, in large part, leaves the door wide open for what happens next. The greiving or greedy family finds an attorney, or more likely one finds them... Reasons given in court for an accident are often twisted or concocted, or a parallel investigation is performed by an attorney to substantiate an NTSB position, if that would be in their favor... If an independent investigation turns up the same result as an NTSB investigation, then the same net argument can be put forth in court, relieving an attorney of making something up... Attorneys, many times, would much prefer to go after a light plane accident as opposed to other heavier aircraft. Take a generic Cessna Citation for example; attorneys have a harder time saying the flight crew wasn't qualified or otherwise lacked training or proving a defect with the aircraft or that the maintenance was improper and not up to date. It makes their job tougher. That is why attorneys foam at the mouth over piston accidents. Cirrus has taken some steps in the right direction to protect themselves but they are not adequate. The best I have seen so far is Frank Robinson's approach, with the special FAR. Unfortunately, this is the world we live in...
#10
I was unaware of this. Why??
It is an official gov't agency, tasked specifically with determining the kind of information that would be relevant to Lycoming's defense. Furthermore, since it's #1 goal is to ultimately promote and enhance safety, it's finding could be viewed as non-discriminatory in nature.
It is an official gov't agency, tasked specifically with determining the kind of information that would be relevant to Lycoming's defense. Furthermore, since it's #1 goal is to ultimately promote and enhance safety, it's finding could be viewed as non-discriminatory in nature.
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