Lawsuit Madness - OMG

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Old Geek said:
If it were me, and I do fly a CTSW, I'd be rushing to file a NASA form, not a lawsuit.
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Wouldn't help the pilot. Taking off with 3 gallons (approx) of fuel in one tank and none in the other was a deliberate act that clearly violates the FARs not to mention stupid enough that they shouldn't be a pilot.
 
I, for one, compliment him on the accuracy of his fuel stick.

It's too bad the information it gave wasn't properly used.
 
danielabernath said:
My goal is to educate other CTSW drivers of this deadly design defect, failure to warn and failure to instruct that may kill them if they don't put a plaque like the one that Cessna 162s have and like the one Flight Design has been ordered to put into their CTSW craft in the UK but Flight Design couldn't be troubled to spent the postage and .25 cents to send one to its American CTSW drivers.[\quote]
Seems to me that based on your posts here, we of PoA have a duty to report what appears to be a dangerous attitude that might cause the death of anyone who rides in an airplane piloted by someone like you.

You can speculate and make things up all day long. Just read the complaint as it is full of the facts.
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It's full of something but it doesn't smell very good.
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gismo said:
It's full of something but it doesn't smell very good.
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Yep...a lawsuit is not "full of facts", it's full of allegations...you'd think a lawyer would know that! But I guess one that can't get admitted to the bar is by definition a pretty crappy lawyer.
 
509841b9-85d6-40c1-9140-e13a3826e6cc_zps483d294e.jpg
Flight Design CTSW deadly design defect lawsuit complaint www.aspecialdayguide.com/bernathresume.htm
 
How was it an unexpected power lss when you had already landed because of your concern for power loss with regards to your low fuel state that you did not rectify?
 
Henning said:
How was it an unexpected power lss when you had already landed because of your concern for power loss with regards to your low fuel state that you did not rectify?
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C'mon...keep up.:rolleyes:

It was unexpected because there was no placard that said "Engine requires fuel to produce power."

And every airplane manufacturer that has engines that stop when they have no fuel have a similar "deadly design defect"
 
1. Lands because he's short on fuel.
2. Takes off to find more fuel.
3. Crashes because he ran out of fuel.
4. Files lawsuit.
5. Gets bodily thrown out of court. :lol:
 
bartmc said:
and umm... why didn't you post the entire document?
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I immediately thought the same thing.

I do not like to call people names, but how could a licensed pilot, given this set of circumstances, find the loss of power "unexpected"?

And I'm not sure of the point of posting the insurance document. It's likely they will cover the loss regardless.
 
Daniel,
The picture is a good idea, because after the memory fades, it'll be all you have to remember what an aircraft insurance certificate looks like. Who would ever cover you in the future?
 
CT4ME said:
Daniel,
The picture is a good idea, because after the memory fades, it'll be all you have to remember what an aircraft insurance certificate looks like. Who would ever cover you in the future?
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Danial will just sue the insurance companies for discrimation for not selling policies to STUPID pilots...:mad2::mad:;)
 
"I'm not going to comment any further because I gave you'all assumptions to assume...Over and Out." - Daniel A. Bernath

Can someone help me parse the above statement?

I thought I knew what it meant, but perhaps legalese is more difficult to decipher than I had figured.
 
I'm betting he doesn't have the guts to post the entire document.
 
What, except for the fact that insurance covers stupidity, is the posting of the loss notice supposed to tell us ?

The power loss was obviously unexpected to you, it wasn't unexpected to anyone else.
 
FastEddieB said:
"I'm not going to comment any further because I gave you'all assumptions to assume...Over and Out." - Daniel A. Bernath

Can someone help me parse the above statement?

I thought I knew what it meant, but perhaps legalese is more difficult to decipher than I had figured.
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It means that unless you take everything he's told us at face value and accept it all 100%, he has no more to say. No inconvenient questions, please.
 
FastEddieB said:
I immediately thought the same thing.

I do not like to call people names, but how could a licensed pilot, given this set of circumstances, find the loss of power "unexpected"?

And I'm not sure of the point of posting the insurance document. It's likely they will cover the loss regardless.
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Good questions. I also wonder who "Nicole" is. You can learn a lot by posting your N number.
 
I find it telling that Abby Normal is on a 90% disability from the VA for "Post-traumatic stress disorder and neurological problems."

http://www.oregonlive.com/portland/index.ssf/2010/06/portland_elevator_tussle_clima.html

I wonder if the insurance company has to pay if he has publicly admitted that he took off knowing that the plane he crashed didn't have the legally-required amount of fuel aboard . . ? I just sent them a message suggesting that they might be interested in checking out this thread.
 
SoloEqs said:
http://www.oregonlive.com/portland/index.ssf/2010/06/portland_elevator_tussle_clima.html

.
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WOW............ Just WOW.....

I assume the plane this guy was flying is a LSA and all he needs is a drivers license and self certify his health.....

If it a PPL required aircraft, then this fact

"
Judge Suzanne Upton pored over the petition, which included a copy of Bernath's disabled-parking permit and Veterans Affairs papers showing he's 90 percent disabled due to post-traumatic stress disorder and neurological problems.

Should disqualify him from holding a 3rd class medical..:dunno:;)
 
danielabernath said:
You do realize that your never going to convince a pilot that taking off with one tank empty and the other having less then 3 gallons of usable fuel is anything other then a real stupid idea, right? Try pedaling your nonsense to a web site that is dedicated to stupid tricks instead of one that is full of pilots.

I would direct your attention to the TEN CFIs, with the majority of them flying in this CTSW with one tank empty having no opinion about the danger.
Assume that the pilot at WHIPPET airfield, who had flown from his strip to Sisters hundreds of times, saw me check the tanks with Flight Design's stick and heard my announcement, and assume he said "its only 3 minutes away. You've got enough fuel."
Anyway, if you are going to keep repeating yourself then I'm not going to respond. But if you come up with something new other than "you're a poopy head" then I won't respond.
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FYI - Dan, I agree with you 100% and would be willing to testify in court to assist you help others not suffer your pain. You can PM me for contact info if you're looking for assistance in court (I'm not a lawyer).
 
SoloEqs said:
I find it telling that Abby Normal is on a 90% disability from the VA for "Post-traumatic stress disorder and neurological problems."

http://www.oregonlive.com/portland/index.ssf/2010/06/portland_elevator_tussle_clima.html

I wonder if the insurance company has to pay if he has publicly admitted that he took off knowing that the plane he crashed didn't have the legally-required amount of fuel aboard . . ? I just sent them a message suggesting that they might be interested in checking out this thread.
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What's funny is the guy was a radio operator / photographer on board a ship that was never under attack. The only stress he could have experienced is if the showers on board running out of hot water or they don't have bacon for morning chow. All the awards he has listed are the typical BS awarded for just being in theater. Not even an Air Medal for flying in a combat zone. They were giving those out like candy back then. He's the reason why VA is going broke and we can't pay for vets who actually deserve the money like the grunts who were slugging it out in Vietnam.
 
SoloEqs said:
I find it telling that Abby Normal is on a 90% disability from the VA for "Post-traumatic stress disorder and neurological problems."

http://www.oregonlive.com/portland/index.ssf/2010/06/portland_elevator_tussle_clima.html

I wonder if the insurance company has to pay if he has publicly admitted that he took off knowing that the plane he crashed didn't have the legally-required amount of fuel aboard . . ? I just sent them a message suggesting that they might be interested in checking out this thread.
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From the article:
Competitors call [Bernath] a crank, a chronic whiner and client poacher
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Really? Never would have guessed that!
 
SoloEqs said:
I just sent them a message suggesting that they might be interested in checking out this thread.
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If they are, I have about 4,500 hours of instruction given and though my CFI is currently expired, I would not mind being an expert witness, having commented on what I saw as hazardous attitudes in several different threads in advance of this almost inevitable outcome.
 
N801BH said:
WOW............ Just WOW.....

I assume the plane this guy was flying is a LSA and all he needs is a drivers license and self certify his health.....

If it a PPL required aircraft, then this fact

"
Judge Suzanne Upton pored over the petition, which included a copy of Bernath's disabled-parking permit and Veterans Affairs papers showing he's 90 percent disabled due to post-traumatic stress disorder and neurological problems.

Should disqualify him from holding a 3rd class medical..:dunno:;)
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I would think you'd need to be more than 10% capable to be a Sport Pilot. The FAA still requires SPs to self certify before each flight that they don't have a medical condition that would make the flight unsafe. I'd say that being 90% disabled could make for an unsafe flight...

In any event, it's clear from this thread that he's only got 10% of his faculties. :)
 
bullwinkle said:
I would think you'd need to be more than 10% capable to be a Sport Pilot. The FAA still requires SPs to self certify before each flight that they don't have a medical condition that would make the flight unsafe. I'd say that being 90% disabled could make for an unsafe flight...

In any event, it's clear from this thread that he's only got 10% of his faculties. :)
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Agreed.....

All the more reason the insurance company should deny his claim and let him own ALL the wreckage.....:yes:
 
Late last month, Bernath filed two notices that he intends to sue Social Security and Hyatt for the judge's actions. One claim seeks $2 million for coercion, alleging that Hyatt promised to recuse himself from hearing Bernath's cases if the lawyer removed references to him from his Web site. The other seeks $10 million in compensation for injuries and emotional distress he claims Hyatt inflicted on him.
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Guess he makes a living out of filing lawsuits. What a tool.
 
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bullwinkle said:
I would think you'd need to be more than 10% capable to be a Sport Pilot. The FAA still requires SPs to self certify before each flight that they don't have a medical condition that would make the flight unsafe. I'd say that being 90% disabled could make for an unsafe flight...
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I wouldnt harp too much on that point.

This is more a reflection of the mechanisms how service related pensions are decided on than the actual physical condition of the recipients. I talked about this with an airline pilot who holds a first class medical yet receives a full VA pension. According to him, when he separated from the Air Force, the VA folks told them that it is basically a one-shot deal on the service related injuries. If you dont put it in at the time of separation, it becomes very hard to fight for it 20 years later. He did have some legit spine issues related to flying F16s and they were part of the reason he was getting out, so he put in his paperwork and received a high percentage determination. None of his service related disabilities are disqualifying for a first class medical.
 
register@teamandras.com said:
It has actually been filed
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Let's all take time off work to go watch the proceedings.

I'll bet that 50 guys laughing at the more interesting parts of Abby's testimony will have a beneficial effect on the future of aviation.

Something just hit me -- let's put some puzzle pieces together:

1) Abby uses canes to walk with, even when he's doing his extra-actor work (yes, our very own Abby Normal is a TV STAR!) and when he's attacking judges in elevators. We can expect a great show of this when this goes to court.

2) The CTSW is a high-wing airplane.

3) Abby claims that, after landing, he checked his fuel level to make sure that he had enough to reach the crash site.

HOW DID A GUY USING CANES CHECK THE FUEL LEVEL ON A HIGH-WING AIRPLANE?

FD should ask him to demonstrate for the jury just how he did this. On an actual CTSW, with 3 gallons of gas in the tank. They can set it up in the parking lot and have the judge and jury come watch.

FD and the insurance company should send someone to the airport that Abby Normal used to be based at, and talk to the pilots there. Get depositions or get witnesses to tell how Captain Stupid did his preflights, whether he was using canes, etc.

Ask if any of them would fly with him as PIC.

I really hope that someone from the insurance company and from Flight Designs is reading this thread. There are a lot of things that they might find useful here.

It would also be amusing if the pilots report him NOT using the canes -- the VA might be interested in that.

It would please me if Abby Normal has put himself into a world of hurt with this silly claim. Anyone know if we can sue him for boosting our insurance costs and giving general aviation a bad name?
 
His cane has a mirror on it??? I was thinking about reporting him to the VA if it wasn't for the fact that trying to prove he doesn't have PTSD is next to impossible.
 
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