Colgan Crash That Killed 50 Spurs Quest for Damages That Punish

[DieselDragRacer]

http://www.bloomberg.com/apps/news?pid=20601109&sid=aBKANcVDBFUw&pos=10

“It is my goal that Colgan gets put out of business from everybody’s lawsuits,” said Tolsma, 44, whose husband, an engineer, worked at Northrop Grumman Corp. on classified military projects with West, deputy director of business development. “That would send a message to all regional airlines that you’d better step up to the plate and put human lives ahead of the almighty dollar.”



Whether Tolsma gets her wish may depend on the success of plaintiffs’ lawyers seeking punitive damages to punish Colgan for its conduct and deter others. The lawyers need to persuade a judge in Buffalo to allow jurors to consider such damages.



Punitive damages can be far higher than those to compensate loss. When the threat of punitive damages is likely, airlines and insurers often settle for more money than they otherwise might, said Douglas Latto of Baumeister & Samuels. His New York law firm represents four families not including Tolsma and West.

“If you run a company where your values are how can we pay our people the least, get by with the fewest number of pilots, and provide them the least training, it’s no surprise when ill- trained, sick, fatigued people are in the cockpit and kill the passengers,” Kreindler said.

 

[Fubijaakr]

But, you Teabaggers want tort reform so no corporation can get sued, don't you?

 

[Data]

But, you Teabaggers want tort reform so no corporation can get sued, don't you?

Wow, did you come up with that one all by yourself?

 

[Tarzan]

But, you Teabaggers want tort reform so no corporation can get sued, don't you?

Why all the hate? For a group that claims all sorts of inclusiveness, I never see much of it here.

Captain Obvious, this one appears fairly clear cut. I'd run right to the bank with this one. The actions in the case constituted gross malfeasance. Colgan should have never had that guy in the left seat. However, simply adding a reform that makes the loser pay civil court costs would deter many frivolous law suits. However, I don't think it would have slowed this down even one second.

 

[Abernathy]

But, you Teabaggers want tort reform so no corporation can get sued, don't you?

lmao


.

 

[701EV]

But, you Teabaggers want tort reform so no corporation can get sued, don't you?

Grow up junior!

 

[CX880]

A high school student with mock trial experience should be able to get 100 millon out of Colgan. All they have to do is show that PBS special on Colgan. It's as clear cut as they come when it comes to negligence in training, all they have to do is convince a jury and plus no one would miss Colgan anyways if they were forced to liquidate. Good luck to Colgan.

 

[jonjuan]

A high school student with mock trial experience should be able to get 100 millon out of Colgan. All they have to do is show that PBS special on Colgan. It's as clear cut as they come when it comes to negligence in training, all they have to do is convince a jury and plus no one would miss Colgan anyways if they were forced to liquidate. Good luck to Colgan.

And then all the Q400s and associated flying would get moved to commutair. Problem solved.

 

[Raoul Duke]

there is zero chance that a court will allow punitive damages against the Company.

 

[CX880]

there is zero chance that a court will allow punitive damages against the Company.

Why not? They caused the crash by not hiring properly and not training properly.

 

[DontFeedTheBear]

there is zero chance that a court will allow punitive damages against the Company.

What???

Let's see,

1-They missed all of the CA's pink slips in their background checks!
2-They hired low experience in both CA and FO!
3-There is a multitude of employees willing to testify of the sick and fatigue policies of Colgan!
4-They have a sketchy past history with lot's of skeletons!
5-Now in the spotlight is the low pay, forcing many to commute!

This will be interesting...

Yogi

 

[WayBack]

What???

Let's see,

1-They missed all of the CA's pink slips in their background checks!
2-They hired low experience in both CA and FO!
3-There is a multitude of employees willing to testify of the sick and fatigue policies of Colgan!
4-They have a sketchy past history with lot's of skeletons!
5-Now in the spotlight is the low pay, forcing many to commute!

This will be interesting...

Yogi

I see what you're saying and agree with you, but only #1 is the only thing they might get pinched for.
The rest is industry standard.

 

[ultrarunner]

Colgan is insured against such lawsuits, right? I mean, they aren't self-insured, are they. If insured, what is the cap?

Is it rolled in with CAL?

 

[Raoul Duke]

Why not? They caused the crash by not hiring properly and not training properly.

simply being negligent does not get you punative damages. The actions of the crew were found to cause the accident (per the NTSB). One pilot lied on his application and they both failed to follow the training they were given.

 

[Raoul Duke]

What???

Let's see,

1-They missed all of the CA's pink slips in their background checks!
2-They hired low experience in both CA and FO!
3-There is a multitude of employees willing to testify of the sick and fatigue policies of Colgan!
4-They have a sketchy past history with lot's of skeletons!
5-Now in the spotlight is the low pay, forcing many to commute!

This will be interesting...

Yogi

you really have no idea what you are talking about. the CA lied on his application, both the CA and FO met the FARs to be in their positions, if the CA and FO would have had crash pads in their domicile they would not have been fatigued. the lawsuits will not be about pay and fatigue, it will be about not maintaining situational awareness, multiple FAR violations and failure to recover from an avoidable stall. Everything else is just optics

 

[CX880]

simply being negligent does not get you punative damages. The actions of the crew were found to cause the accident (per the NTSB). One pilot lied on his application and they both failed to follow the training they were given.

you mean like the training they received from SAAB 340 Checkairmen on the Q 400????????

 

[rogerwilcoout]

And then all the Q400s and associated flying would get moved to commutair. Problem solved.

With that being your point of view, all the comair flying should go somewhere else after the Lexington accident, right? Riiiiiiight?

 

[Raoul Duke]

Didn't the Comair flying go to Freedom? Just say'n

 

[Brae123]

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[dingo222]

you mean like the training they received from SAAB 340 Checkairmen on the Q 400????????

they didn't recieve training from 340 check airman on the q400. They had 340 check airman in the q jumpseat doing observations on a compliance crackdown weekend. Just as bad, but let's get that fixed before it snowballs into another turd......