Runs out of gas, family sues ATC

Unfortunately, this is the reality for aircraft accidents. Looking for a settlement. Acceptance of responsibility is not a thing for many anymore. Anyone who serves for or leads an organization of any size will learn this if they don't know it already.
 
What's the time limitation for a slip-and-fall lawsuit? Cause my wife took a nasty fall in a Bass Pro shop in 2012. I might have found a way to buy me a Cirrus! :D
 
chemgeek said:
Unfortunately, this is the reality for aircraft accidents. Looking for a settlement. Acceptance of responsibility is not a thing for many anymore. Anyone who serves for or leads an organization of any size will learn this if they don't know it already.
Click to expand...

Not just aircraft.....EVERYTHING.

If you stick a screwdriver in your eye you should learn to be more careful. Instead people think that the screwdriver manufacturer and the company that sold it should make the injured person and their immediate family independently wealthy.
 
The general rule is to sue everyone who has ever touched the plane, looked at the plane, walked by the plane, manufactured any part of the plane, talked to the plane on the radio, fueled the plane, etc.
 
Fiveslide said:
The pilot turned down an airport 8 miles away for the one he didn't make it to, 20 miles away, right? How is that anyone else's fault?
Click to expand...

It's not. I didn't say the FAA was at fault. I said they'll probably be getting out the checkbook. Me, you, the NTSB and other knowlegable people ain't gonna decide this. A jury is.
 
Sadly many of you are misinformed about lawsuits. The insurance industry loves you. Every now and then someone comes along with a stupid lawsuit - like this one - and everyone piles on. I can’t imagine this case makes it past Summary Judgment. I’m not even sure what legal duty ATC has to pilots and passengers other than follow the regulations. I’ll be curious how this proceeds.


Sent from my iPhone using Tapatalk
 
Tommar98 said:
Sadly many of you are misinformed about lawsuits. The insurance industry loves you. Every now and then someone comes along with a stupid lawsuit - like this one - and everyone piles on. I can’t imagine this case makes it past Summary Judgment. I’m not even sure what legal duty ATC has to pilots and passengers other than follow the regulations. I’ll be curious how this proceeds.


Sent from my iPhone using Tapatalk
Click to expand...

You sound like just the man to answer my question in post number 8. Time limits?
 
I'm wondering if there have been others. Isn't the engine manufacturer a given any time the engine quits? Can there be separate suits or do they always lump the deep pockets together and go after in them in one suit? @Tommar98 ??
 
Last edited:
This is a Federal Tort Claims case. It has to be in fed. court with a judge no jury. The govt is unlikely to be out any money on this deal
 
chemgeek said:
Unfortunately, this is the reality for aircraft accidents. Looking for a settlement. Acceptance of responsibility is not a thing for many anymore. Anyone who serves for or leads an organization of any size will learn this if they don't know it already.
Click to expand...

It’s annoying that it works way too often for aircraft and would go nowhere with an automobile driven into a pole at 100 MPH. Same level of stupidity.
 
Fiveslide said:
What's the time limitation for a slip-and-fall lawsuit? Cause my wife took a nasty fall in a Bass Pro
Click to expand...

In Texas...I was told 2 years.
I say this because I have in my calendar next Thursday, "Caff** Claim Statue of Limitations expiry."
Caff** being the larger, elderly person with dizziness problems who was pulled over by his own dog in my lobby, breaking his shoulder two years ago. The 2 years was told me by, I believe, my insurer.
What difference it makes to have it on my calendar I cannot say, perhaps some minor feeling of relief.
 
Wow -- it looks like he didn't even run out of fuel; he ran the outboard tanks dry and just never thought to switch to the (still full) inboard tanks...
 
Because St. Peter won’t settle
 
Let'sgoflying! said:
In Texas...I was told 2 years.
I say this because I have in my calendar next Thursday, "Caff** Claim Statue of Limitations expiry."
Caff** being the larger, elderly person with dizziness problems who was pulled over by his own dog in my lobby, breaking his shoulder two years ago. The 2 years was told me by, I believe, my insurer.
What difference it makes to have it on my calendar I cannot say, perhaps some minor feeling of relief.
Click to expand...

I sincerely hope you make it to Thursday without any news.

This happened in Virginia. Answer, anyone know?

Honestly, I wouldn't sue. One reason is my POS father-in-law told me we should way back then and I won't admit he was right about anything, which isn't hard since he never is right. It would bring me down to a level I never want to be, his level.
 
Tommar98 said:
I’m not even sure what legal duty ATC has to pilots and passengers other than follow the regulations. I’ll be curious how this proceeds.
Click to expand...

I am curious if they have any such duty as well. After all, even LEOs have no duty to protect a specific person or intervene in a particular incident.
 
The one area that caught my attention is ATC knew he had a problem and yet they gave him instructions to give up precious altitude. He was at 12k and they immediately told him to descend to 6. Had he said "uh no, I'm staying here for now until I get this sorted out" it may have worked out (he declined the advice to lower his gear much later).

Regardless, another reminder to not pass up an airport that's closer.
 
iflyvfr said:
The one area that caught my attention is ATC knew he had a problem and yet they gave him instructions to give up precious altitude. He was at 12k and they immediately told him to descend to 6. Had he said "uh no, I'm staying here for now until I get this sorted out" it may have worked out (he declined the advice to lower his gear much later).

Regardless, another reminder to not pass up an airport that's closer.
Click to expand...


And a reminder that in an emergency, ATC, as well meaning as they may be, often knows diddly about flying or operating an aircraft, especially in a real emergency. Being PIC has both responsibilities and consequences.
 
Blatham489 said:
And a reminder that in an emergency, ATC, as well meaning as they may be, often knows diddly about flying or operating an aircraft, especially in a real emergency. Being PIC has both responsibilities and consequences.
Click to expand...
Well put. I think that's where the perceived liability might come into play in this lawsuit. But we need to remember that ATC is not in the cockpit with us, and no matter what happens they get to go home at the end of their shift.
 
ATC cannot be assigned even 1% of the blame of this tragedy. Its all on the PIC.
 
ktup-flyer said:
If he feathered the props he would've had to spiral down over TCL.
Click to expand...

If he switched fuel tanks he would have landed at his planned destination without incident.

It also looks like he never actually declared an emergency. Why wouldn't you, even before the second engine quit?

I really don't see anything here that ATC can reasonably be criticized for, I have to say.
 
Tommar98 said:
I’m not even sure what legal duty ATC has to pilots and passengers other than follow the regulations. I’ll be curious how this proceeds.
Click to expand...

Judge will probably ask if the controller did everything required in the 7110, and done.
 
You must log in or register to reply here.
Back
Top