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Classic Wings Magazine WWII Naval Aviation Research Pacific Luftwaffe Resource Center
When Hollywood Ruled The Skies - Volumes 1 through 4 by Bruce Oriss


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PostPosted: Fri Jun 12, 2020 11:28 am 
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Chris Brame wrote:
Looks like some WIXers could be called as defense witnesses.


Don't see why, there are surviving witnesses to testify to procedures used on the final flight, not flights years and years ago which have 0 relevance today.


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PostPosted: Fri Jun 12, 2020 11:36 am 
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Xray wrote:
Chris Brame wrote:
Looks like some WIXers could be called as defense witnesses.


Don't see why, there are surviving witnesses to testify to procedures used on the final flight, not flights years and years ago which have 0 relevance today.



Because it can be a "he said; she said" thing:

What if survivors ( or their next of kin) of the crash say no briefing was given, but Collings can get witnesses that for the previous 100 flights the briefing was always given?

The judge and/or jury might conclude that the plaintiff are mis-remembering or not telling the truth. Or at least there might be doubt cast on the plaintiff's claim.



Disclaimer: I'm not a lawyer and I didn't stay at a Holiday Inn last night.


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PostPosted: Fri Jun 12, 2020 11:55 am 
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I think if the lawyers could prove that proper maintenance wasn't followed, that would be the death knell.

Phil

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PostPosted: Fri Jun 12, 2020 10:36 pm 
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Quote:
Did anyone here who rode Nine-O-Nine have any trouble adjusting the seat belts, or notice unsecured wheel chocks?


No trouble with the seat belts and i don't remember seeing the wheel chocks inside. I have a few interior in flight pictures if anyone is interested.


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PostPosted: Sat Jun 13, 2020 1:55 am 
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Sorry to butt in on a perfectly fabulous legal argument, but has anyone heard anything on the status of the survivors? Have any of them gone home? Are any of them speaking about the incident? Sorry for being in the minority here, but I care much more about the well being of the people than how much money some lawyers are going to be paid.

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PostPosted: Sat Jun 13, 2020 3:01 am 
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6trn4brn wrote:
Are any of them speaking about the incident? Sorry for being in the minority here, but I care much more about the well being of the people than how much money some lawyers are going to be paid.


They've filed a lawsuit (so some layers can get paid) so they are not going to be speaking about the incident are they, well not until (or if) it goes to court.


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PostPosted: Sat Jun 13, 2020 11:29 am 
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6trn4brn wrote:
Sorry to butt in on a perfectly fabulous legal argument, but has anyone heard anything on the status of the survivors? Have any of them gone home? Are any of them speaking about the incident? Sorry for being in the minority here, but I care much more about the well being of the people than how much money some lawyers are going to be paid.


Sorry to pop your bloated bubble but the only info released so far has been a few technical details about the accident, hence why we are debating these details. Should be pretty obvious that survivors are not going to be "speaking out" before a major lawsuit.


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PostPosted: Sun Jun 14, 2020 5:09 am 
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Here I am Xray, speaking to you in particular from inside my bloated bubble. I am sure you are a big, tough guy out in the real world and not just here being a tough guy behind a computer screen/keyboard cowboy. Quite pathetic that you took offense to my question about the survivors. You have a wonderful day there cowboy :drink3:

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PostPosted: Sun Jun 14, 2020 10:46 am 
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I am sure you must be an awesome guy too, "6trn4brn".
You as good as said you are the only one here who cares about the survivors, and that is just plain idiotic and insulting - And btw, you are behind a computer screen too in case you never noticed.


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PostPosted: Sun Jun 14, 2020 2:12 pm 
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C'mon guys.
This kind of quibbling assists precicely nothing.
Please keep it civil.

Andy Scott


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PostPosted: Tue Jun 16, 2020 1:47 pm 
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More of a general feeling question.....if any of you warbird folks lost a family member in this mishap or any other warbird mishap, would you sue?

For myself....I don't know. It would depend on the facts that come out of the various official investigations. In this case, the lawyers are scatter-gunning for any "gotcha" angle (ie...carrying metal chocks) to pile on and gin up any award amount for the clients and themselves. As a former fixer/flyer....to me that is not a factor and that would not push me to sue. Intentional neglect in fixing or flying....maybe.


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PostPosted: Tue Jun 16, 2020 5:58 pm 
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Everybody hates lawyers until they need one. (No, I'm not a lawyer, I'm a writer and an observer.)


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PostPosted: Wed Jun 17, 2020 8:36 am 
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CoastieJohn wrote:
More of a general feeling question.....if any of you warbird folks lost a family member in this mishap or any other warbird mishap, would you sue?


That's not an easy question to answer, as all our personal circumstances are different.

I would think it will all depend on whether that family member was the family breadwinner, and thus what financial situation the family were left in as a result.......would a life insurance company pay out in the situation? Its more likely that may force someone's hand to sue?

Equally, I'm sure on the opposite hand there will inevitably be some that will seek to screw money out of anyone regardless of the situation - just because.

There are always multiple sides to these situations.


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PostPosted: Wed Jun 17, 2020 10:09 am 
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Firebird wrote:
CoastieJohn wrote:
More of a general feeling question.....if any of you warbird folks lost a family member in this mishap or any other warbird mishap, would you sue?


That's not an easy question to answer, as all our personal circumstances are different.

I would think it will all depend on whether that family member was the family breadwinner, and thus what financial situation the family were left in as a result.......would a life insurance company pay out in the situation? Its more likely that may force someone's hand to sue?

Equally, I'm sure on the opposite hand there will inevitably be some that will seek to screw money out of anyone regardless of the situation - just because.

There are always multiple sides to these situations.



True....everyone's situation might be a little different. Trying to get as much money as possible isn't going to bring back those lost in the mishap.


I did read in the article the lawyers were asking about the other CF aircraft. I'm sensing that was to get their value should the families want the aircraft to sell...if they are successful in the case????


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PostPosted: Wed Jun 17, 2020 10:33 am 
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From what is known so far it appears very likely that they were negligent, perhaps very negligent, to some degree ,,, So I don't see why there are any questions or moralizing about lawsuits, early on it was a very safe bet there would be lawsuits. If there were 0 survivors there would have been lawsuits, thats a given. They are innocent until proven guilty in a court of law, but this not being a court of law we are free to speculate, as is human nature - And at this point, unfortunately it doesn't look very good for Collings and obviously can have a trickle down effect on other operators.


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