Backcountry Pilot • Widow of jogger killed during emergency landing sues

Widow of jogger killed during emergency landing sues

Discuss the legality of flying the backcountry, FARs, advocacy, and aviation relevant legislation. Registered users only.
18 postsPage 1 of 1

Widow of jogger killed during emergency landing sues

No wonder new planes cost so much. Can the widow of a jogger who's hit by a truck while listening to his iPod sue Freightliner?

http://savannahnow.com/latest-news/2010-10-06/widow-hilton-head-beach-jogger-killed-plane-files-suit

Savannahnow.com wrote:By Associated Press

COLUMBIA, S.C. — The widow of a Georgia jogger killed when a plane hit him during an emergency landing on a South Carolina beach has sued the plane's manufacturer and owner.

Jennifer Dawn Jones says in court documents that the plane's manufacturer didn't properly design and the pilot didn't properly maintain the plane.

Robert Gary Jones was killed March 15 when a kit-built single-engine plane hit him on the beach at Hilton Head Island. Authorities say the 38-year-old Woodstock, Ga., native had been listening to his iPod and likely didn't hear the plane's quiet approach from behind.

Authorities said the plane had lost its propeller, and oil smeared the windshield. The plane took off from Orlando, Fla., and was en route to Virginia when it started leaking oil.

No attorney was listed for the company or the pilot.
Zzz offline
Janitorial Staff
User avatar
Posts: 2854
Joined: Fri Oct 08, 2004 11:09 pm
Location: northern
Aircraft: Swiveling desk chair
Half a century spent proving “it is better to be thought a fool than to open your mouth and remove all doubt.”

Re: Jogger killed by plane during emergency landing sues

Zane, it’s always a small world around here. That guy worked for the same pharmaceutical company that Deb worked for. But I agree accidents happen, and folks need to be responsible for their own actions.

I would sign a pledge that I would never sue any one for anything, if I could be exempt from being sued. Watch the attorneys and insurance companies fight that bill!
patrol guy offline
User avatar
Posts: 1749
Joined: Wed Apr 11, 2007 2:52 pm
Location: east of the river
...remember, life is uncertain, eat desert first!
... and, those that pound their guns into plows, will plow for those who don't.

Re: Jogger killed by plane during emergency landing sues

patrol guy wrote:Zane, it’s always a small world around here. That guy worked for the same pharmaceutical company that Deb worked for. But I agree accidents happen, and folks need to be responsible for their own actions.

I would sign a pledge that I would never sue any one for anything, if I could be exempt from being sued. Watch the attorneys and insurance companies fight that bill!


Good or bad, you can't sign away your families right to sue for damages.
GroundLooper offline
User avatar
Posts: 1168
Joined: Wed Jun 13, 2007 6:52 pm
Location: Vancouver, WA
BCP Poser.
Life is good. Life is better with wings.

Re: Widow of jogger killed during emergency landing sues

We were not there and a it was a very unfortunate thing that happened. Somebody lost a husband, a son and maybe a father. It wasn't the joggers fault the prop left the plane when it did and probably not the fault of the pilot/builder and defiantly not the fault of the plane mfg. But apparently $1 million isn't enough in the eyes of the widow. We will all pay together for this one way or another. Another wrong place at the wrong time story.
Last edited by Glidergeek on Wed Oct 06, 2010 5:13 pm, edited 1 time in total.
Glidergeek offline
Supporter
User avatar
Posts: 1937
Joined: Sat Sep 06, 2008 8:02 pm
Location: Hesperia
Aircraft: 1968 P206C
DG 400

Re: Widow of jogger killed during emergency landing sues

Although people should be compensated for their loss when negligence plays a part in the accident, it seems like lately everyone tries to score like it was the lottery. And the ambulance chasing attorney group with the TV adds saying they can get you a gazzillion dollars for your injury just compounds the problem. Aviation seems to be viewed as a very deep pocket by the uninformed masses which makes it even worse. There should be some kind of limits to settlements of this kind as well as a better way of settling..

just my .002 :x
m7flyer offline
User avatar
Posts: 353
Joined: Tue May 09, 2006 11:27 am
Location: WHP, OG41
FindMeSpot URL: http://share.findmespot.com/shared/face ... t7FIHuMd0G

Re: Widow of jogger killed during emergency landing sues

Seems like tort reform has been a buzzword around Washington for decades. But when it comes right down to it you can't get a law restricting law suit awards through a congress that is made up of something like 90% lawyers. I mean, get real, how do you expect a lawyer to make money if he can't collect 40% of a gazillion dollar lawsuit every once in a while. :shock:
porterjet offline
User avatar
Posts: 776
Joined: Tue Dec 08, 2009 11:37 am
Location: San Luis Obispo
John
KSBP

Re: Widow of jogger killed during emergency landing sues

1SeventyZ wrote:No wonder new planes cost so much. Can the widow of a jogger who's hit by a truck while listening to his iPod sue Freightliner?

Welllll, I don't even own an ipod. When I'm outside, it's outside I want to listen to.
That said, while I try to remain aware of potential dangers, I don't generally fear getting run down by aircraft.

But if I'm on a beach and I get run down from behind by an engine-out coasting Freightliner....

Well, I suppose I'd be pretty irritated with everybody.
Don't know if or who I'd sue...
But I'd be pretty irritated.
nealkas offline
Posts: 100
Joined: Wed Mar 25, 2009 7:02 am
Location: PA

Re: Widow of jogger killed during emergency landing sues

The "manufacturer" of an experimental aircraft is the person who built it. So, if that was the pilot in this xase, he's the only one being sued.

MTV
mtv offline
Knowledge Base Author
User avatar
Posts: 10514
Joined: Sat Feb 25, 2006 1:47 am
Location: Bozeman

Re: Widow of jogger killed during emergency landing sues

mtv wrote:The "manufacturer" of an experimental aircraft is the person who built it. So, if that was the pilot in this xase, he's the only one being sued.

MTV

So does that mean He'll get sued 2X
Glidergeek offline
Supporter
User avatar
Posts: 1937
Joined: Sat Sep 06, 2008 8:02 pm
Location: Hesperia
Aircraft: 1968 P206C
DG 400

Re: Widow of jogger killed during emergency landing sues

mtv wrote:The "manufacturer" of an experimental aircraft is the person who built it. So, if that was the pilot in this xase, he's the only one being sued.

MTV


I didn't think of that. BUT, it happens time and again in these suits: aviation manufacturers named liable because there just aren't any deeper pockets to go after. They carry insurance, so the pot of gold is there for the plaintiff. It's even scarier that an individual can suffer a civil payout as a manufacturer, as in the case of a homebuilt Experimental.

Sorry, nothing will be solved in this discussion but there is no one else to vent to on this who could understand.
Zzz offline
Janitorial Staff
User avatar
Posts: 2854
Joined: Fri Oct 08, 2004 11:09 pm
Location: northern
Aircraft: Swiveling desk chair
Half a century spent proving “it is better to be thought a fool than to open your mouth and remove all doubt.”

Re: Widow of jogger killed during emergency landing sues

If our government really wanted to see this recession end, tort reform, loser pays, punitive damage limits etc, would go a very long way.
bumper offline
User avatar
Posts: 665
Joined: Wed Jun 11, 2008 11:16 pm
Location: Minden
bumper
Minden, NV
Husky A1-B

Re: Widow of jogger killed during emergency landing sues

Well with the million she got from the Insurance she can afford a realy good lawyer.
But if the pilot / manufacture has no mone she's just going to waste it and then nobody but the lawyers are going to be happy.
That is if he had insurance...
Throttle Pusher offline
User avatar
Posts: 128
Joined: Mon Jun 07, 2010 2:49 pm
Location: Seattle

Re: Widow of jogger killed during emergency landing sues

Throttle Pusher wrote:Well with the million she got from the Insurance she can afford a realy good lawyer.
But if the pilot / manufacture has no money she's just going to waste it and then nobody but the lawyers are going to be happy.
That is if he had insurance...


I would bet the wife hasn't seen a dime yet, if she has the lawyer probably/will get 1/3 of that and "that ain't good enough I'll get you more" says the lawyer. How much would you be willing to share w/a lawyer. This is all assuming he (pilot) had 1mill insurance. If the wife has any mortgages or assets that require payments how sympathetic do you think the banks are being?

Listen I hate to see this go to blows in a court but the wife just lost her breadwinner most likely. You can bet the insurance company wont go down without a fight she won't get a dime unless she sues. If she were to get $1mill how far will that go for her? How far would that go for your wife and kids even without a lawyer involved?
Glidergeek offline
Supporter
User avatar
Posts: 1937
Joined: Sat Sep 06, 2008 8:02 pm
Location: Hesperia
Aircraft: 1968 P206C
DG 400

Re: Widow of jogger killed during emergency landing sues

1SeventyZ wrote:
mtv wrote:The "manufacturer" of an experimental aircraft is the person who built it. So, if that was the pilot in this xase, he's the only one being sued.

MTV


It's even scarier that an individual can suffer a civil payout as a manufacturer, as in the case of a homebuilt Experimental.



We do not know what happened to cause this. I think that I would have put it down in the water before a beach full of people. Who should be responsible if the builder left the safety wire off the prop hub bolts.

On second thought, if he put it in the water, the environmental clean up cost would be more than the widow would ever get. Who has insurance for that.

Tim
qmdv offline
User avatar
Posts: 3633
Joined: Wed Feb 15, 2006 10:22 pm
Location: Payette
FindMeSpot URL: http://share.findmespot.com/shared/face ... I5tqEOk0rc
Aircraft: Cessna 182

Re: Widow of jogger killed during emergency landing sues

qmdv wrote:
1SeventyZ wrote:
mtv wrote:The "manufacturer" of an experimental aircraft is the person who built it. So, if that was the pilot in this xase, he's the only one being sued.

MTV


It's even scarier that an individual can suffer a civil payout as a manufacturer, as in the case of a homebuilt Experimental.



We do not know what happened to cause this. I think that I would have put it down in the water before a beach full of people. Who should be responsible if the builder left the safety wire off the prop hub bolts.

On second thought, if he put it in the water, the environmental clean up cost would be more than the widow would ever get. Who has insurance for that.

Tim


If I remember the story right, the jogger was about the only person on the beach when this incident happened. Next time I'm jogging on the beach, I'm wearing red shorts, bright orange tee shirt, and a bright orange baseball cap! Oh yeah, red knee high socks, too.
58Skylane offline
User avatar
Posts: 5297
Joined: Thu Oct 11, 2007 12:36 pm
Location: Cody Wyoming

Re: Widow of jogger killed during emergency landing sues

If I remember the story right, the jogger was about the only person on the beach when this incident happened. Next time I'm jogging on the beach, I'm wearing red shorts, bright orange tee shirt, and a bright orange baseball cap! Oh yeah, red knee high socks, too.

And run backwards and hope the plane doesn't come from the other direction. #-o
Glidergeek offline
Supporter
User avatar
Posts: 1937
Joined: Sat Sep 06, 2008 8:02 pm
Location: Hesperia
Aircraft: 1968 P206C
DG 400

Re: Widow of jogger killed during emergency landing sues

Glidergeek wrote:If I remember the story right, the jogger was about the only person on the beach when this incident happened. Next time I'm jogging on the beach, I'm wearing red shorts, bright orange tee shirt, and a bright orange baseball cap! Oh yeah, red knee high socks, too.

And run backwards and hope the plane doesn't come from the other direction. #-o


How about them little mirrors bicyclist use on the helmets? And a small battery powered strobe light sewed to the top of my baseball cap??

Well, better yet, why don't I stay home locked up in the house? Oh, wait....the media says on T.V. that "Planes fall out of the sky". So with that, I'll go dig myself a cave in the middle of Nevada (Just hope it's not near a test bombing range :shock: ). See, you just can't win!! Just get out there and enjoy life as much as you can, every minute of the day!!
58Skylane offline
User avatar
Posts: 5297
Joined: Thu Oct 11, 2007 12:36 pm
Location: Cody Wyoming

Re: Widow of jogger killed during emergency landing sues

bumper wrote:If our government really wanted to see this recession end, tort reform, loser pays, punitive damage limits etc, would go a very long way.


Out of control litigation & damage awards have been around since long before our current recession, and unfortunately will probably be around long after we've recovered from it (if we ever do). Nobody seems to like it, but I don't see any sign of an end to it.
hotrod180 offline
Supporter
User avatar
Posts: 10534
Joined: Wed Jan 26, 2005 11:47 pm
Location: Port Townsend, WA
Cessna Skywagon -- accept no substitute!

DISPLAY OPTIONS

18 postsPage 1 of 1

Who is online

Users browsing this forum: No registered users and 0 guests

Latest Features

Latest Knowledge Base