Maybe this will help.
The airplane was definitely twisted up. I saw it myself. You could see as the airplane sat in the hangar how its stance was offset. Hoover's own statement in his book backs up the damage assessment. At the time, Tony thought it would never fly again.
Probability and proof between real-life and the legal system are two different things. The gentlemanly way of resolving this certainly would have been to split the cost of getting the airplane back in the air and avoid paying lawyers as they prove their worth.
Limits in airplanes are designed to provide a margin of error. An engine presumably would not explode at 11 seconds after being upside down in a T-28. But as we all know, engines that seem perfectly good can pull up lame at any time - sometimes at the worst possible moment and for completely unexpected reasons.
Certainly Hoover didn't try to break the airplane. But, he may have been pushing the airplane to it's limit. Once a test pilot, always a test pilot I suppose. Introspection would suggest that one would not push a unfamiliar 'N' number to it's limit. Old Yeller he knew and was familiar with and even though he was totally versed in the peculiarities of a T-28, NX171BA was a 'new' airplane to him. Hoover could not say that he had executed the same maneuvers in that very same airplane countless times before and therefore this failure was completely unexpected. I doubt that airplane had been put to that kind of a test in it's recently preceding history. Tony certainly liked to hot-dog around, as anybody that has seen or ridden with him in his Gnat would know, but not quite like Hoover would be used to doing. If this had happened on the NA factory line when the airplane was first manufactured and test flown, Hoover would have told them that it didn't pass inspection...obviously.
The T-28 story doesn't detract from his legend in my mind. But, I think Hoover should have stepped up to help get the airplane back in the air. I'm sure in his mind he truly felt as though he did nothing wrong. He didn't really, other than to push an unfamiliar 'N' number to it's limit which is just what you would expect of a 'test' pilot. Tony should have anticipated that I suppose and in retrospect require a 'guarantee' of some kind that Hoover would give him back the airplane in one piece.
Tony was generous with his airplanes to his friends as he stated in his story. He used to let my father borrow the T-28 from time to time; but then again, my father wouldn't push the airplane like Hoover would !!!
There's some moral here about good intentions....
BTW...since nobody has noticed, the airplane was on the line at the POF show at Chino this last weekend. It is the fourth down in this photo thread !!! After a lot of repair work and legal wrangling w/ a recalcitrant partner, it is once again airworthy.
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