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	<title>Comments on: More Lawsuit Foolishness</title>
	<atom:link href="http://blog.aopa.org/leadingedge/?feed=rss2&#038;p=164" rel="self" type="application/rss+xml" />
	<link>http://blog.aopa.org/leadingedge/?p=164</link>
	<description>A place to discuss safety-of-flight issues, procedures, techniques, and judgment.</description>
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		<title>By: Gardner Recall</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-28045</link>
		<dc:creator>Gardner Recall</dc:creator>
		<pubDate>Mon, 04 Jan 2010 06:21:24 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-28045</guid>
		<description><![CDATA[The citizens of Gardner, KS are currently working to recall two members of their City Council.  The recall is tied up in the courts at the moment, but it should go to a vote in March of 2010.]]></description>
		<content:encoded><![CDATA[<p>The citizens of Gardner, KS are currently working to recall two members of their City Council.  The recall is tied up in the courts at the moment, but it should go to a vote in March of 2010.</p>
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		<title>By: Stephen Wilson</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-15528</link>
		<dc:creator>Stephen Wilson</dc:creator>
		<pubDate>Sat, 18 Apr 2009 22:30:53 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-15528</guid>
		<description><![CDATA[I was interviewed about this on local radio a day or two after it happened.  Interesting to go back to that time.  Concerns of terrorism were abound.
http://stevewilsonblog.com/2008/01/10/ksoo-interviews-steve-wilson-re-cory-lidle-cirrus-crash-nyc.aspx]]></description>
		<content:encoded><![CDATA[<p>I was interviewed about this on local radio a day or two after it happened.  Interesting to go back to that time.  Concerns of terrorism were abound.<br />
<a href="http://stevewilsonblog.com/2008/01/10/ksoo-interviews-steve-wilson-re-cory-lidle-cirrus-crash-nyc.aspx" rel="nofollow">http://stevewilsonblog.com/2008/01/10/ksoo-interviews-steve-wilson-re-cory-lidle-cirrus-crash-nyc.aspx</a></p>
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		<title>By: Bob H.</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-15356</link>
		<dc:creator>Bob H.</dc:creator>
		<pubDate>Sat, 11 Apr 2009 01:12:59 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-15356</guid>
		<description><![CDATA[As long as AOPA wants to be an apologist for Cirrus marketing and the dollars they provide, ahem!  (is there any COI there? no-o-o-o-o, of course not wink wink nod nod)...

Puh-lease!   

The manufacturer and the FAA have indicated, ex-post-facto that the product was in fact defective. We&#039;ll never know - the airplane was a charred, compressed, mess.  

Nevertheless,  let&#039;s all get our facts straight before excoriating the survivors. 

It&#039;s convenient to cry foul, but lacks any critical cognition of the plausible.  I realize there is a certain chicken and egg problem in the scenario; neither begets the other.  Insisting elsewise is unproductive, arrogant and embarrassing.]]></description>
		<content:encoded><![CDATA[<p>As long as AOPA wants to be an apologist for Cirrus marketing and the dollars they provide, ahem!  (is there any COI there? no-o-o-o-o, of course not wink wink nod nod)&#8230;</p>
<p>Puh-lease!   </p>
<p>The manufacturer and the FAA have indicated, ex-post-facto that the product was in fact defective. We&#8217;ll never know &#8211; the airplane was a charred, compressed, mess.  </p>
<p>Nevertheless,  let&#8217;s all get our facts straight before excoriating the survivors. </p>
<p>It&#8217;s convenient to cry foul, but lacks any critical cognition of the plausible.  I realize there is a certain chicken and egg problem in the scenario; neither begets the other.  Insisting elsewise is unproductive, arrogant and embarrassing.</p>
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		<title>By: baron boxer</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14986</link>
		<dc:creator>baron boxer</dc:creator>
		<pubDate>Tue, 31 Mar 2009 03:52:09 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14986</guid>
		<description><![CDATA[I know that I&#039;m preaching to the choir, but here goes:
1. When I was involved in building Part 23 trainers, more than $ 30K per plane went to product liability insurance. The premium never declined although no claim was ever made before the company went out of business. In any future endeavor, the real assets will be in a &quot; judgement proof&quot; jurisdiction. It is undoubtedly a reason why some manufacturing has moved to Third World countries.
2. Tort litigation is a huge industry that produces little more than a redistribution of wealth and a gross misallocation of resources. It&#039;s not just the premiums but also the needless expense of CYB practised by the healthcare industry, many manufacturers and professionals as well as the employment of defense lawyers, investigators, real and other &quot;experts&quot; and the unwillingness to introduce in the marketplace products and services because they are potentially too &quot;dangerous&quot; in the eyes of a weak judge or an impressionable jury.Incidentally, settlements can be just as damaging as losing in a trial, despite what the lawyers tell you.
3. Personal responsibility died in the 1950&#039;s. It is symptomatic of the decline of our Nation. We want everything but we refuse to accept the consequences.(or pay for it).That mentality must change if flying and healthcare are ever to become affordable again.
4.I wish Cirrus good luck, but I know that the cards are stacked against the &quot;deep pocket&quot; especially if it is from out of town.]]></description>
		<content:encoded><![CDATA[<p>I know that I&#8217;m preaching to the choir, but here goes:<br />
1. When I was involved in building Part 23 trainers, more than $ 30K per plane went to product liability insurance. The premium never declined although no claim was ever made before the company went out of business. In any future endeavor, the real assets will be in a &#8221; judgement proof&#8221; jurisdiction. It is undoubtedly a reason why some manufacturing has moved to Third World countries.<br />
2. Tort litigation is a huge industry that produces little more than a redistribution of wealth and a gross misallocation of resources. It&#8217;s not just the premiums but also the needless expense of CYB practised by the healthcare industry, many manufacturers and professionals as well as the employment of defense lawyers, investigators, real and other &#8220;experts&#8221; and the unwillingness to introduce in the marketplace products and services because they are potentially too &#8220;dangerous&#8221; in the eyes of a weak judge or an impressionable jury.Incidentally, settlements can be just as damaging as losing in a trial, despite what the lawyers tell you.<br />
3. Personal responsibility died in the 1950&#8242;s. It is symptomatic of the decline of our Nation. We want everything but we refuse to accept the consequences.(or pay for it).That mentality must change if flying and healthcare are ever to become affordable again.<br />
4.I wish Cirrus good luck, but I know that the cards are stacked against the &#8220;deep pocket&#8221; especially if it is from out of town.</p>
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		<title>By: Marshall Sanders</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14948</link>
		<dc:creator>Marshall Sanders</dc:creator>
		<pubDate>Mon, 30 Mar 2009 05:09:53 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14948</guid>
		<description><![CDATA[i am a lawyer and a former pilot (health problems). I am not an engineer, but while science is better than average with regard to airplanes, there are usually two sides to every story. I will be the first to admit that there is an economic component to every personal injury claim. I can say however, that in every medical malpractice claim and in every claim involving a plane, the cost to the lawyer is not insignificant.   An attorney does not have to lose very many cases to &quot;go broke.&quot;  As for &quot;nuisance&quot; settlements, they are not as common as the public believes.  Having said that however and from what I read in the papers (a poor way to learn anything) I would not have done what Mr. Little appears to have done.]]></description>
		<content:encoded><![CDATA[<p>i am a lawyer and a former pilot (health problems). I am not an engineer, but while science is better than average with regard to airplanes, there are usually two sides to every story. I will be the first to admit that there is an economic component to every personal injury claim. I can say however, that in every medical malpractice claim and in every claim involving a plane, the cost to the lawyer is not insignificant.   An attorney does not have to lose very many cases to &#8220;go broke.&#8221;  As for &#8220;nuisance&#8221; settlements, they are not as common as the public believes.  Having said that however and from what I read in the papers (a poor way to learn anything) I would not have done what Mr. Little appears to have done.</p>
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		<title>By: Ron Stearney</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14842</link>
		<dc:creator>Ron Stearney</dc:creator>
		<pubDate>Fri, 27 Mar 2009 23:53:30 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14842</guid>
		<description><![CDATA[Two Words:  Loyalty Oath

Everyone here shoud immediately contact their estate planning attorneys and execute an advanced directive to their estate forbidding the estate from suing on their behalf in the event they off themselves flying.  Moreover, each and ever passenger should sign a waiver as well.  These waivers are being upheld around the country and should be part of each and every griper&#039;s checklist.  

This way, if you kill yourself, then your estate can&#039;t sue.  Your wife and kids can sue for their loss of consortium claims, emotional distress, boo hoo, etc., if they refuse to sign their covenants not to sue.  Your passengers cannot sue if they signed their waivers.  Oh yeah, they will try, but it will sure make it harder.

One last thing, your estate&#039;s covenant&#039;s not to sue should be filed with AOPA with an agreement that if AOPA has to pay an attorney to fight your family, it comes out of your estate.  That way, the real loser will pay.]]></description>
		<content:encoded><![CDATA[<p>Two Words:  Loyalty Oath</p>
<p>Everyone here shoud immediately contact their estate planning attorneys and execute an advanced directive to their estate forbidding the estate from suing on their behalf in the event they off themselves flying.  Moreover, each and ever passenger should sign a waiver as well.  These waivers are being upheld around the country and should be part of each and every griper&#8217;s checklist.  </p>
<p>This way, if you kill yourself, then your estate can&#8217;t sue.  Your wife and kids can sue for their loss of consortium claims, emotional distress, boo hoo, etc., if they refuse to sign their covenants not to sue.  Your passengers cannot sue if they signed their waivers.  Oh yeah, they will try, but it will sure make it harder.</p>
<p>One last thing, your estate&#8217;s covenant&#8217;s not to sue should be filed with AOPA with an agreement that if AOPA has to pay an attorney to fight your family, it comes out of your estate.  That way, the real loser will pay.</p>
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		<title>By: Steve Reeves</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14836</link>
		<dc:creator>Steve Reeves</dc:creator>
		<pubDate>Fri, 27 Mar 2009 20:34:53 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14836</guid>
		<description><![CDATA[Two words:  Loser Pays.

I think the British are onto something.  I would imagine that 98% of pending cases would be dropped.  45 mil?  Let&#039;s see....that&#039;s 40% attorney&#039;s cut (after expenses of course).  The family stands to make at least 100K from this!

I do believe that anyone deserves their day in court, but as someone in the medical profession, this is the primary reason that a $10 piece of equipment sells for $250.  Much for the same reason that your average new spam can sells for over $300K for about $150K worth of airplane (I&#039;m being generous).  I have flown experimentals for some time, but don&#039;t think this culture hasn&#039;t trickled over to our end as well.  I have seen more than one beautiful flying aircraft parted out and the airframe destroyed for fear of selling.  As any attorney can probably tell you, a hold harmless agreement in most cases isn&#039;t worth the paper it is written on.  You may still be sued.  You may win.  But it will still cost you a fortune.]]></description>
		<content:encoded><![CDATA[<p>Two words:  Loser Pays.</p>
<p>I think the British are onto something.  I would imagine that 98% of pending cases would be dropped.  45 mil?  Let&#8217;s see&#8230;.that&#8217;s 40% attorney&#8217;s cut (after expenses of course).  The family stands to make at least 100K from this!</p>
<p>I do believe that anyone deserves their day in court, but as someone in the medical profession, this is the primary reason that a $10 piece of equipment sells for $250.  Much for the same reason that your average new spam can sells for over $300K for about $150K worth of airplane (I&#8217;m being generous).  I have flown experimentals for some time, but don&#8217;t think this culture hasn&#8217;t trickled over to our end as well.  I have seen more than one beautiful flying aircraft parted out and the airframe destroyed for fear of selling.  As any attorney can probably tell you, a hold harmless agreement in most cases isn&#8217;t worth the paper it is written on.  You may still be sued.  You may win.  But it will still cost you a fortune.</p>
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		<title>By: RICHARD WYEROSKI</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14820</link>
		<dc:creator>RICHARD WYEROSKI</dc:creator>
		<pubDate>Fri, 27 Mar 2009 13:28:22 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14820</guid>
		<description><![CDATA[A Tragedy like this hurts us all. If only more could be done to stop it before it happens. FAA pays more attention to the Airlines and Charter companies then to the so called 91 operators for obvious reasons. If a large aircraft has an accident, hundreds of people die at the same time! THIS GETS MEDIA ATTENTION....IT SCARES THE HELL OUT OF THE FAA!  FAA reacts to accidents and incidents. When an accident happens FAA reacts with an investigation. FAA has be called a reactive agency. It means that FAA reacts, but they really do not know what to do to stop the problem! Sounds crazy but it is a fact. I blame FAA management that are appointed to the job with very little qualifications to be effective in that job. We have all seen this in the recent Southwest Airlines mess, with aircraft flying with &quot;CRACKS&quot; and the &quot;grounding&quot; of American Airlines stranding 250, 000 people and  costing 30 million dollars, all because the FAA lost control and has  become dysfunctional!

The safety programs offered to the pilot population are there to try and lower the accident rate. Unfortunately the same people always  go to these meetings and the problem pilots wind up on the news. I attend these meeting and rarely see new faces. 

The death rate in 91 operations is a consistent 6-800 people killed every year and it has not changed, if one bases the number on flying hours. This is equal to (3) 737 crashing every year. Imagine the uproar in the new media if (3) airliners went down every year! FAA management would be burned at the stake!

Until the FAA stops being a reactive agency with 91 operations, the accident rate will continue to climb. 

If pilots are forced to attend at least one or two safety seminars a year and be required to fly a minimum number of hours a year, this situation will not change.

I know it sounds harsh and unfair and people will scream about the cost, but one fatal accident cost millions and the loss of life from stupidity is not acceptable. 

Lastly, the fact that a flight instructor was aboard this aircraft, makes this accident even more of a slap at the FAA. A flight instructor obviously should not let something like this happen, yet it did happen ? why is the big word here , how could this happen??. All FAA could do is look at the certification process for instructors and try to find where the problem is. There are no easy solutions here!

Qualified FAA management is the answer. When key FAA people are appointed for their qualifications and know how there will be a reductions in the accident rate. 

I vote for CAPTAIN &quot;SULLY&quot; for head of FAA !!!!!!!!!!!!!

thank you

Richard Wyeroski]]></description>
		<content:encoded><![CDATA[<p>A Tragedy like this hurts us all. If only more could be done to stop it before it happens. FAA pays more attention to the Airlines and Charter companies then to the so called 91 operators for obvious reasons. If a large aircraft has an accident, hundreds of people die at the same time! THIS GETS MEDIA ATTENTION&#8230;.IT SCARES THE HELL OUT OF THE FAA!  FAA reacts to accidents and incidents. When an accident happens FAA reacts with an investigation. FAA has be called a reactive agency. It means that FAA reacts, but they really do not know what to do to stop the problem! Sounds crazy but it is a fact. I blame FAA management that are appointed to the job with very little qualifications to be effective in that job. We have all seen this in the recent Southwest Airlines mess, with aircraft flying with &#8220;CRACKS&#8221; and the &#8220;grounding&#8221; of American Airlines stranding 250, 000 people and  costing 30 million dollars, all because the FAA lost control and has  become dysfunctional!</p>
<p>The safety programs offered to the pilot population are there to try and lower the accident rate. Unfortunately the same people always  go to these meetings and the problem pilots wind up on the news. I attend these meeting and rarely see new faces. </p>
<p>The death rate in 91 operations is a consistent 6-800 people killed every year and it has not changed, if one bases the number on flying hours. This is equal to (3) 737 crashing every year. Imagine the uproar in the new media if (3) airliners went down every year! FAA management would be burned at the stake!</p>
<p>Until the FAA stops being a reactive agency with 91 operations, the accident rate will continue to climb. </p>
<p>If pilots are forced to attend at least one or two safety seminars a year and be required to fly a minimum number of hours a year, this situation will not change.</p>
<p>I know it sounds harsh and unfair and people will scream about the cost, but one fatal accident cost millions and the loss of life from stupidity is not acceptable. </p>
<p>Lastly, the fact that a flight instructor was aboard this aircraft, makes this accident even more of a slap at the FAA. A flight instructor obviously should not let something like this happen, yet it did happen ? why is the big word here , how could this happen??. All FAA could do is look at the certification process for instructors and try to find where the problem is. There are no easy solutions here!</p>
<p>Qualified FAA management is the answer. When key FAA people are appointed for their qualifications and know how there will be a reductions in the accident rate. </p>
<p>I vote for CAPTAIN &#8220;SULLY&#8221; for head of FAA !!!!!!!!!!!!!</p>
<p>thank you</p>
<p>Richard Wyeroski</p>
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		<title>By: tom Laitala</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14758</link>
		<dc:creator>tom Laitala</dc:creator>
		<pubDate>Wed, 25 Mar 2009 16:43:20 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14758</guid>
		<description><![CDATA[We could stop this lawsuit foolishness very easily if we adopt the policy that the loser pays the legal costs for both sides. The American public would be the winner in all walks of life except for the law profession. Sadly, with the current situation, they are the only winners and they win ever time at our expense. Almost all other developed countries have this system in place and they have far fewer problems than the USA.]]></description>
		<content:encoded><![CDATA[<p>We could stop this lawsuit foolishness very easily if we adopt the policy that the loser pays the legal costs for both sides. The American public would be the winner in all walks of life except for the law profession. Sadly, with the current situation, they are the only winners and they win ever time at our expense. Almost all other developed countries have this system in place and they have far fewer problems than the USA.</p>
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		<title>By: Don Phillips</title>
		<link>http://blog.aopa.org/leadingedge/?p=164&#038;cpage=3#comment-14756</link>
		<dc:creator>Don Phillips</dc:creator>
		<pubDate>Wed, 25 Mar 2009 14:08:59 +0000</pubDate>
		<guid isPermaLink="false">http://blog.aopa.org/asfblog/?p=164#comment-14756</guid>
		<description><![CDATA[Answer to Bill Lawrence

Sorry, but you have me mistaken for someone who doesn&#039;t know what he&#039;s talking about.  I need no lectures from you about who writes the law. 

Unfortunately, it&#039;s the gang of lawyers dominating Congress who write them.  They are such an admirable bunch they are unable to gin up the moral initiative to put the country&#039;s interst above their own long enough to pass significant tort reform.

So, if you know of any non-lawyers who can be elected, or any legal geniuses who could bring themselves to pass meaningful tort reform, please clue us in.  

Otherwise, attorney&#039;s have only themselves to blame.  After all, they are the main contributors to the party which is slowly removing the concept of personal responsibility from public life.  And, in turn, rapidly destroying the moral fabric of our country.  Thanks a lot.]]></description>
		<content:encoded><![CDATA[<p>Answer to Bill Lawrence</p>
<p>Sorry, but you have me mistaken for someone who doesn&#8217;t know what he&#8217;s talking about.  I need no lectures from you about who writes the law. </p>
<p>Unfortunately, it&#8217;s the gang of lawyers dominating Congress who write them.  They are such an admirable bunch they are unable to gin up the moral initiative to put the country&#8217;s interst above their own long enough to pass significant tort reform.</p>
<p>So, if you know of any non-lawyers who can be elected, or any legal geniuses who could bring themselves to pass meaningful tort reform, please clue us in.  </p>
<p>Otherwise, attorney&#8217;s have only themselves to blame.  After all, they are the main contributors to the party which is slowly removing the concept of personal responsibility from public life.  And, in turn, rapidly destroying the moral fabric of our country.  Thanks a lot.</p>
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