contactflying wrote:The bobbling in Cessnas never bothered me but I found out about "avoid ," the government, and lawyers years ago. I was being sued by a squatter on Mrs Smith's ranch for killing three tomato plants and ruining his sex life. I had sprayed her forested land with 245-T, cleaned up and legal Agent Orange. The state Ag inspector found 0.0285 parts per million on the tomatoes. While handing me a citation for the drift of a product labelled "Avoid Drift," he told me he would be a witness for my insurance company and would testify that this amount of drift would not damage tomatoes in any way.
Cary knows that "avoid" can mean different things legally to different people and organizations.
My first "big" civil case after moving to Colorado was as local counsel sitting second chair in the defense of a helicopter spraying case. Plaintiff (who was by any measurement a total nut case) insisted that our evil pilot had intentionally or negligently sprayed directly onto her house, and that the highly poisonous chemicals had drifted into the open windows and had made her deathly ill with all kinds of horrible symptoms that could only be attributed to the chemicals.
This is actually a fun case to describe. The plaintiff's home was part of a minor subdivision carved from some farmland located southwest of Loveland, CO. The rest of the farmland was still being farmed by the original developer/farmer. As all the farmers in this area do every year, he had contracted with a spray outfit to kill the bugs before they damaged his crops. This particular year, he chose our client, because he knew the capabilities of a helicopter, and that it could cover the fields more accurately than a fixed wing spray plane could, taking into account the terrain, wires, trees, etc.
The reason he was so familiar with helicopters is that he was a highly decorated helicopter gunship pilot in Viet Nam! I don't now recall his awards, but they were substantial. But he was a quiet, unassuming man, who had never told his story to even his family, not unusual for those who fought there. He had told his attorney of his background, and that all came out when he testified.
Plaintiff's husband was a former Northwest Airlines pilot, who'd been grounded after falling from a ladder and incurring serious head injuries. I'm assuming he was not a nut case himself before the fall, but he was certainly an odd duck after the fall. Without a single minute of rotorcraft experience, he attempted in his deposition to describe all the illegalities of our pilot, specifically flying below 1000' above the highest obstacle within 2000' from the helicopter, flying dangerously close to residences, and of course dropping something from the helicopter that endangered people on the ground. Unfortunately their attorney, who knew nothing about aviation or federal aviation regulations, had bought into the husband's alleged expertise, so the only real aviation experts in the case were on our side of the case. I don't fault their attorney--he's a nice guy, very smart, but he didn't know what he didn't know, and like many folks, he had a great respect for a 20,000 hour airline pilot who spoke "aviationese" so well.
To counter his information that the area was a highly populated residential area, we had a 6' x 4' photo made up from an aerial shot of the area, which showed how sparsely the homes are separated from one another on this little subdivision.
Their "expert" was a "neuropsychologist". Neuropsychology at the time was not a very well respected branch of psychology. I don't know if it has reached a better level now, but at the time we were able to show how it was more like "pop science" than real science.
We hired a pair of real experts, one an absolutely gorgeous woman with a long history of toxicology expertise, Ph.D. level, and the other a very studious gentleman chemist, also a Ph.D. When our toxicologist testified at trial, however, she was dressed more like a plain jane school marm, complete with horn rimmed glasses, which disguised her beauty and made her look like someone who should be hidden somewhere in a laboratory--ultra believable. Our chemist always looked like a lab rat, who knew his science thoroughly and was also very convincing. The sum of their collective testimony was that the chemicals could be dumped via bucket on top of anyone, even new born babies, without any adverse effects other than they'd get wet.
I had taken the depositions of plaintiff's doctors. None of them substantiated that she was injured by the spraying. Both of them opined that she tended toward being overly dramatic about her ills as long as they had known her, a hypochondriac of sorts. Most importantly, while she had vociferously asserted that she was "not that old" during her own deposition, one of her doctors opined that
each of her symptoms were typical of a woman well into the early stages of menopause. Our pilot testified via video deposition (he had moved to Anchorage, so we had an attorney there take his deposition) that on the day of the "event", there was almost no wind, that he was doing the spraying at a very low altitude (I don't recall exactly, but I'm thinking 3'), and that at the end of each row, he would do a peddle turn to return for the next row. At the end of his taped testimony, a juror said that she didn't understand what a peddle turn was and wondered if there would be more testimony about that later in the trial. That evening, our clients had one of their pilots take a helicopter out to a field while they video-taped him doing runs at the same altitude and peddle turns, so the next day we then (with the cooperation of the attorney for the property owner) had the property owner describe the peddle turns as he and the jury observed the video. To do that, we had to show that he knew what he was talking about. That's when his testimony about his Viet Nam experience occurred, as he described the maneuvers needed to bring fixed guns onto a target as being the same sort of peddle turns.
The jury foreman was Tom Sutherland, who is famous in this area for his lengthy incarceration (longer than 6 years) in Beirut at the hands of Islamic Jihad extremists in Lebanon. Needless to say, it would be hard to persuade him that a little non-toxic chemical spraying would cause much suffering, compared to the suffering he had endured. The rest of the jury were ordinary folks, but as is typical of juries in this area, all college educated and relatively intelligent. Although the trial took more than a week, it took them just about half an hour to return a defense verdict. Plaintiff ran out of the courtroom, screaming that "nobody cares".
Later we filed a motion to recover some of the costs. We couldn't apply for attorney fees, but we'd spent a lot of money on our experts. As I recall, it was something like $86,000, and the motion was granted.
I've driven out to the area of this event several times over the last 20 years. One of the issues that we brought up at trial was that no one had notified our clients or the property owner that Plaintiff allegedly had toxic chemical sensitivity. The first time I drove out there after the trial, I saw several signs in front of their property saying "Do Not Spray" etc.--they hadn't been there before the trial.
It was one of the more fascinating cases I have had--lots of twists and turns, far more than what I've related here.
Cary