Warbird Information Exchange

Mark, I just wanted to say thanks for taking the time to explain this legal stuff to us.

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Fly Fast Make Noise!

I don't know how they came up with Plano. The Collin County courts are in McKinney. I live in Plano, which is also in Collin county. I hate to have that case attached to my town. I hate to see the case at all.

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Blue Skies,
Doug

www.cavanaughflightmuseum.com

No, this is the Country you live in...

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Those who possess real knowledge are rare.

Those who can set that knowledge into motion in the physical world are rarer still.

The few who possess real knowledge and can set it into motion of their own hands are the rarest of all.

Well.... parts of it were stock P51.. so add Boeing to the list as they own NAA via Rockwell...

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Those who possess real knowledge are rare.

Those who can set that knowledge into motion in the physical world are rarer still.

The few who possess real knowledge and can set it into motion of their own hands are the rarest of all.

They may need to add Packard and Wyman-Gordon, the forge that made the crank shaft.
Any other non-existent companies?
VL

And the state you live in.

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Always looking for WW2 Half-Tracks and Parts.

About a dozen years ago, about 10:00 pm one Friday, a Piper PA-24-180 crashed shortly after departure at our local airport. I don't think it's known yet why. All 4 occupants were killed basically on impact. The victims' attorney(s) filed a lawsuit which included, as far as I know, Piper, (airframe) Lycoming, (engine), Hartzell, (prop), Facet, (carb), TCM, (mags), Goodyear, (fuel bladders) & the FBO, (because they were closed & the airport was unattended. Their posted hours were 7:00 am - 6:00 pm). It's somewhat believed they ran out of fuel, altho the fuel selector was in the 'off' position. They were about 3/10 of a mile from the end of the runway in a clump of trees, went in vertically. Even with the ELT, it was about 14 hours from the estimated time of the crash til thee wreckage was found, with dozens of people searching. I don't know what happened to the rest of the lawsuit, but the FBO's insurance carrier fought tooth & nail getting them dropped from the suit. And all because they were closed during regular closed hours........

No, it's the world we live in. This kind of litigation exists in most of the world, I've seen similar litigation come up in Europe, Russia, the UK, Iceland, Canada, Australia, and Indonesia.



Mark, thanks for the full explanations. I can only go off what I've read in both industry publications and the few case records I've been able to spend the time to get. Now, specifically on your point - part of continuing Texas Tort Law reform in the last session of the State Legislature was a bill that did require plaintiff's to pay at least some of the total court and lawyer fees. This was House Bill 274 (http://tx.opengovernment.org/sessions/82/bills/hb-274).

Here's a legal opinion on H.B. 274 http://www.wlf.org/publishing/publicati ... sp?id=2259

It includes a statement that I didn't know, but explains a lot -

[quote]Texas was one of the few remaining states that did not allow motions to dismiss before evidence was presented in civil court cases. As part of H.B. 274, the state supreme court is directed to "adopt rules to provide for the dismissal of causes of action that have no basis in law or fact on motion and without evidence." Tex. H.B. 274, 82nd R.S. sec. 1.01 (2011). Upon a trial court's granting, in whole or in part, of a motion to dismiss under these rules, the court "shall award costs and reasonable and necessary attorneys' fees to the prevailing party." sec. 1.02.[quote]

So, that's why the defendants in some cases weren't dissmissed prior to the trial - the law may not have allowed it, especially in Texas. Thankfully, since this lawsuit was filed after the Sept. 1st effective date for the applicable sections of the law, if the "Radio and Tire guys" were named, they can now make a motion for dismissal as defendants.

The pilot was a victim too and they wanna screw his family?

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Shop the Airplane Bunker At
www.warbirdbunker.com

Seriously ? no, It's only in the US that so extrem lawsuits exist.

In Europe, there are lawsuit but only against the real responsible of a damage.
For example, in the little country where I live, you can only fill a lawsuit against peoples if you demonstrate they made a mistake and this mistake have a link with the damage. (The mistake caused the damage)

In the example in the previous post, the FBO would never end in the tribunal.

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Sorry for my bad English:-(

One of the primary reasons you name everyone even remotely associated with the incident is that early on you don't necessarily know who the responsible parties really are. You'd hate to leave someone out only to find that they are the responsible party, but the time to file against them has passed.

With that said, some attorneys do get carried away with who they pull in.