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judge throws out nascar cliam in C310R crash

Daveroo

Daveroo

Members +
i put this here instead of racers paddock because of the fact its about a plane crash and about the cessna C310


Judge rules against NASCAR in plane crash suit: A U.S. District Court judge has thrown out NASCAR's lawsuit against Cessna over a July 10, 2007, plane crash that killed five people near Orlando. Judge John Antoon II issued the ruling Friday, granting summary judgment in favor of Cessna, stating that any responsibility by Cessna for the crash expired after 12 years. The Cessna 310R involved in the crash was constructed in 1977 and co-piloted by Bruce Kennedy, husband of NASCAR Executive Vice President Lesa France Kennedy. Bruce Kennedy, his co-pilot and three others on the ground were killed in the fiery accident in Sanford, Fla. The pilots reported smoke in the cockpit and were attempting to make an emergency landing. NASCAR, through its insurance company, has paid the families of the victims (as well as the property owners who had damage resulting from the crash) an undisclosed settlement. NASCAR and its insurance companies were asking for Cessna to contribute to those payments.(Scene Daily)(4-12-2011)
 
Good judgement on the judge's part. Trying to sue Cessna as being responsible for the crash of plane they built 30 years before? 30 years....a lot of poor maintenance, poor repairs, poor repairs can happen in 30 years. And none of that would be Cessna's fault.

OBIO
 
Good that Common sense won.

If it hadn't I'd be lining up to sue Microsoft for all the failed Xbox 360. I mean after all a 360 at most is 7 years old and if a 30 year old plane can be manufacturer responsibility I'd have a "Home Run" case against Microsoft.:icon_lol:
 
This stems from a J-3 Cub accident/lawsuit that Piper was involved in back in 1979. Piper lost, despite having nothing to do with the accident. They had to quit producing aircraft until the late 1990s. At that time, there was a product liability law that was passed, ending the cradle to grave status imposed by the 1979 lawsuit.

I don't understand how this case even got to court.
 
There was a bit more impact than that, the entire GA small plane industry halted!

They had to, the potential liabilities were enormous and would have put all manufacturers out of business within months. The only way the industry was able to come back was through special legislation limiting the period of liability.

As an aside, there's nothing special about aviation liability cases versus other cases. No special expertise, no technical guidance, no application of air laws or airspace considerations. You go into a regular court with regular folks. So, as a litigant, you can violate every air space restriction, every rule in modern aviation, fly with or without a license and still win a case.

We saw that happen recently here in Tampa with one of the local airport FBO's, driven out of business by suit from two pilots who were determined to be at fault by the NTSB in their own accident.
 
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