News - Survivor of Ky. crash sues manufacturer

[BOOZENEWS]

I thought one is immune from an individual lawsuit if you are on company time and the alleged action you are being sued for took place in the course of one's job.

Seriously see my earlier post. It might be too late for an offshore trust for this poor guy but it is NOT for the rest of you. ACT NOW and seriously look into that. Just trying to save someone's elses arse!
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[Golden Falcon]

Oh no...you can be sued bigtime, and if your actions are determined to negligent or a causal factor you better start selling your assets off they will get you..even if you are dead your widow/widower will find themselves deep in poo

 

[PCL_128]

More than 24 hours later and several posts from FI's most hardcore ALPA supporters...and still no answer to this question.

ALPA is not your personal attorney. ALPA is there to represent you in disciplinary cases, and to represent you in grievance proceedings when the company violates the contract. ALPA is not there to represent you in criminal proceedings or civil actions. For example, if Jim was able to still hold a medical and legally fly, then ALPA would be there to represent him if the company terminated him over this accident. However, ALPA is not there to represent him when someone sues him in civil court.

 

[acaTerry]

You guys disappoint me. Pilots used to be a brotherhood. Now it's a bunch of knowitall low-time geeks throwing rocks and having no idea what the target is.
You with your backpacks, iPods, fairy hairstyles and "too cool for my Captain" attitudes...that could have been YOU in the accident. It's easy to sit here with all the facts and hang a guy out to dry. None of you are human factors experts or accident investigators, but you all seem to know enough to give your worthless opinions as fact. But I'll bet if someone asked the pilots of that CMR plane about taking off on the wrong runway they'd say that it would never happen to them. Yet here you are doing the same thing.
Shame on all of you.

 

[Rez O. Lewshun]

You guys disappoint me. Pilots used to be a brotherhood. Now it's a bunch of knowitall low-time geeks throwing rocks and having no idea what the target is.
You with your backpacks, iPods, fairy hairstyles and "too cool for my Captain" attitudes...that could have been YOU in the accident. It's easy to sit here with all the facts and hang a guy out to dry. None of you are human factors experts or accident investigators, but you all seem to know enough to give your worthless opinions as fact. But I'll bet if someone asked the pilots of that CMR plane about taking off on the wrong runway they'd say that it would never happen to them. Yet here you are doing the same thing.
Shame on all of you.

ACAterry-

The problem is... the big mouths don't have all the facts, yet they feel they can offer up legal opinions...

Never happen to them... HA! This same event happened one year earlier at another CRJ airline... the difference? The wrong runway was long enough....

The smartest action to take is close ones mouth and listen and learn, but some people just.....can't....seem.....to ....do that....

 

[HelloNewman]

You guys disappoint me. Pilots used to be a brotherhood. Now it's a bunch of knowitall low-time geeks throwing rocks and having no idea what the target is.
You with your backpacks, iPods, fairy hairstyles and "too cool for my Captain" attitudes...that could have been YOU in the accident. It's easy to sit here with all the facts and hang a guy out to dry. None of you are human factors experts or accident investigators, but you all seem to know enough to give your worthless opinions as fact. But I'll bet if someone asked the pilots of that CMR plane about taking off on the wrong runway they'd say that it would never happen to them. Yet here you are doing the same thing.
Shame on all of you.

He is being hung out to try because he is a tard who screwed up and trying to use the liberal lawsuit system to his benefit. Shame on our country for allowing lawsuits like this to even happen!!!

 

[acaTerry]

ACAterry-

The problem is... the big mouths don't have all the facts, yet they feel they can offer up legal opinions...

Never happen to them... HA! This same event happened one year earlier at another CRJ airline... the difference? The wrong runway was long enough....

The smartest action to take is close ones mouth and listen and learn, but some people just.....can't....seem.....to ....do that....

Bingo.

 

[~~~^~~~]

Shame on our country for allowing lawsuits like this to even happen!!!

Newman - so is it better in your dream world that there are no forums to resolve disputes? Should we return to the days of gunfights at the town square?

If the case has no merit, it will be dismissed, or a jury will find the cause of action to not have merit, or decide not to award damages.

To get to first base, the suit will have to survive a motion to dismiss and later a motion for summary judgement where it will be decided if the allegations made in the complaint have merit. If they do not, the Court will not proceed.

Further, the defendants can request that their lawyers' fees and costs be reimbursed should the cause of action be found to be without merit. This is a consideration when litigating with a Corporate defendant who can spend nearly unlimited resources fighting litigation (if they chose). Anyone who has flown for a charter outfit knows law firms sending four attorneys to the same meeting make great clients.

Read up on Sections VII and VIII of the Federal Rules of Civil Procedure is you have any interest in how this stuff works.

We know there were defects in the information provided to the pilots. To recover, it would have to be determined that the defendant(s)' negligence outweighed the negligence of the pilots. It sounds like a legitimate question. Do you know the answer?

By the way - adjusted for the size of the US population the number of lawsuits is down 15% to 57% since the beginning of this decade.

 

[capt. megadeth]

A pilot that works for us is from africa.... the talk of lawsuits in america came up and he stated.... where I come from a person can't even sue. There is no due process, no ability to be heard.....

That's great that there is due process here, there ought to be but it's gotten waaaay out of hand around here and we are all paying for it one way or the other.

 

[capt. megadeth]

Megadeth: Why are you posting on FI? Don't you have to pick up your trenchcoat from the dry cleaners and clean your guns? The words "bitter loner" come to mind.

ROTFLMAO! Loner? That's the funniest thing I have ever heard.

Ok, off to clean my guns now...

LOL! :laugh:

 

[capt. megadeth]

..even if you are dead your widow/widower will find themselves deep in poo

Yep....sounds like a just system we got here.

 

[capt. megadeth]

The smartest action to take is close ones mouth and listen and learn, but some people just.....can't....seem.....to ....do that....

Kind of like you with the kid thing Mr. Machismo.

Pot meet Kettle.

 

[acaTerry]

He is being hung out to try because he is a tard who screwed up and trying to use the liberal lawsuit system to his benefit. Shame on our country for allowing lawsuits like this to even happen!!!

Say "pop".....
I hope you know where this is headed.

 

[WalterSobchak]

ALPA is not your personal attorney. ALPA is there to represent you in disciplinary cases, and to represent you in grievance proceedings when the company violates the contract. ALPA is not there to represent you in criminal proceedings or civil actions. For example, if Jim was able to still hold a medical and legally fly, then ALPA would be there to represent him if the company terminated him over this accident. However, ALPA is not there to represent him when someone sues him in civil court.

Thank you for actually answering the question.

 

[Bob_Sacamano]

Wow, I know I'm very impressed by your compassion and empathy. What a strong individual! (And anus...)

The Comair Pilot Aid Fund has over $100,000 left from the strike. Perhaps they'll give some of it to Clay's kids and Polehinke.

But that still doesn't mean that Clay and Polehinke weren't egregiously unprofessional, and ultimately liable. Their callous disregard for regulations and protocol are indeed criminal negligence. There's no way you can read the transcripts and see anything else.

I feel terribly sorry for Clay's kids. They're really going to suffer. But so are the families of the flight attendant and passengers who placed their trust in the crew, and were killed needlessly.

I like the tough bravado talk of pilots on here, including Mega, who have no personal stake in this, have not been effected, and no responsibility, to spout off at the mouth.

When this event happened a year ago, I gave to the ALPA relief fund immediately.... can any of you say that? If so, good for you....



Compassion and empthay are for ones w/ strong character. Indifference and malevolence are for the weak...