AA Flight 1420 Captain's Widow Wins 2.1M Lawsuit in Little Rock Crash...

[FN FAL]

Widow of Pilot Awarded $2.1M in Ark. Crash

By DAVID HAMMER
Associated Press Writer

LITTLE ROCK, Ark. (AP) -- A federal jury Thursday ordered the Little Rock National Airport to pay more than $2.1 million to the widow of a pilot killed when his American Airlines jet crashed during a severe thunderstorm six years ago.

While the National Transportation Safety Board had cited errors by Capt. Richard Buschmann, his widow Susan sued the airport in an effort to clear his name. She said the airport had a runway safety zone that failed to meet government standards.

Jurors deliberated less than a half-day before ruling. They rejected the airport's argument that Buschmann contributed to his own death - and the deaths of 10 others - when he elected to land during bad weather.

Flight 1420 sped off a runway near the Arkansas River on June 1, 1999. The plane, still traveling about 90 mph, hit a structure supporting approach lights, broke apart and caught fire. Witnesses said the light tower was 453 feet off the north end of the runway - shy of the government's 1,000-foot standard. After the accident, the airport reconfigured the safety area to remove obstructions.

"I feel like my husband's been exonerated," Susan Buschmann said after the verdict. After jurors left the room, she hugged her lawyers.

Defense lawyers said they would consider an appeal.

In closing arguments, Susan Buschmann's lawyer had told jurors to ask themselves why the approach light system was so close to the runway and why wasn't it designed to break away on impact.

"How could anybody justify putting that two-story steel structure in a place where an airplane is supposed to be safe?" attorney Arthur Wolk asked.

Wolk repeatedly took offense at the airport's lawyers and witnesses' questioning of Buschmann's piloting skills, saying they were impugning a dead man "who can't stand up for himself."

Defense lawyer Richard Watts asked the jury to look at the evidence and not be swayed by such emotional appeals.

"There's no indication that Richard Buschmann wasn't that type of (skillful) pilot, a family man and a good man. (Evidence) simply says that on that night, he was human and made mistakes," Watts said.

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[AA717driver]

"Exonerated"? I don't think so. Sorry, ma'am.

"...he was human and made mistakes." Great. I'll use that if I ever get violated or kill someone when I do something stupid.

I have no faith in the system of justice in the U.S. anymore.TC

 

[LearLove]

"How could anybody justify putting that two-story steel structure in a place where an airplane is supposed to be safe?" attorney Arthur Wolk asked.


This guy does more damage to aviation than DW, KD and JO put together.

 

[FN FAL]

"Exonerated"? I don't think so. Sorry, ma'am.

"...he was human and made mistakes." Great. I'll use that if I ever get violated or kill someone when I do something stupid.

I have no faith in the system of justice in the U.S. anymore.TC

I thought the main issue with the construction, was that the airport was within compliance when it was constructed.

The way I read this suit, if you complete construction of a building that exceeds building code on one day, then a day later, something gets added to the code that would require a lot of money to retro-fit into an existing building, you are going to suffer the same fate should there be a tragedy.

 

[EagleRJ]

I thought the main issue with the construction, was that the airport was within compliance when it was constructed.

The way I read this suit, if you complete construction of a building that exceeds building code on one day, then a day later, something gets added to the code that would require a lot of money to retro-fit into an existing building, you are going to suffer the same fate should there be a tragedy.

The issue is courts allowing damaged parties to sidestep the primary cause for a tragedy and sue on supporting factors if that is where the money is. The Little Rock airport was in compliance with FAA regulations, but there's no question the concrete approach light towers made things worse. Using the same argument, you could say that the airport enabled the accident by having a runway only 7200' long. The accident obviously would have been minimized or avoided alltogether with a longer runway, but that wasn't the cause of the tragedy.

Lawyers are trying the same thing with lawsuits by the families of some 9/11 victims. The World Trade Center was built in compliance with the building and fire codes of the time, but the fire code was more strict both years before construction began and years after construction finished. It's a thin argument to say "my loved one is dead because your building's stairwells were too narrow". The lawyers are trying, however, since the building's owner is a more accessible financial target than the tragedy's primary guilty party.

 

[habubuaza]

I think the danger here is that attorney's will be embolden. It doesn't take a rocket scientist to realize that this was pilot error, but a jury if swayed or convinced can place culpability where it doesn't belong. The danger is if the tables are turned, and some rogue prosecutor wants to charge a crew for murder if a death results from an accident and there is crew error (like most accidents) what's to stop them? Especially now that the US courts are increasing sighting "foreign law" I think this raises serious questions. If you don't think that could happen you're fooling yourself.

 

[FN FAL]

I think the danger here is that attorney's will be embolden. It doesn't take a rocket scientist to realize that this was pilot error, but a jury if swayed or convinced can place culpability where it doesn't belong. The danger is if the tables are turned, and some rogue prosecutor wants to charge a crew for murder if a death results from an accident and there is crew error (like most accidents) what's to stop them? Especially now that the US courts are increasing sighting "foreign law" I think this raises serious questions. If you don't think that could happen you're fooling yourself.

They just convicted the manager of an amusement park on a negligence related charge, regarding the death of a rider that died, they were going for Murder II.

If there is a law on the books of a state that makes negligent acts a crime, it is not "rouge" of a prosecutor to attempt to get such a case in front of a judge.

 

[Jeff Helgeson]

Sound logic, good presentation

The issue is courts allowing damaged parties to sidestep the primary cause for a tragedy and sue on supporting factors if that is where the money is. The Little Rock airport was in compliance with FAA regulations, but there's no question the concrete approach light towers made things worse. Using the same argument, you could say that the airport enabled the accident by having a runway only 7200' long. The accident obviously would have been minimized or avoided alltogether with a longer runway, but that wasn't the cause of the tragedy.

Lawyers are trying the same thing with lawsuits by the families of some 9/11 victims. The World Trade Center was built in compliance with the building and fire codes of the time, but the fire code was more strict both years before construction began and years after construction finished. It's a thin argument to say "my loved one is dead because your building's stairwells were too narrow". The lawyers are trying, however, since the building's owner is a more accessible financial target than the tragedy's primary guilty party.

Very good points!

 

[TonyC]

I'm surprised they haven't gone after the weather man for allowing that nasty weather to be present during the approach and landing.












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[2000flyer]

This is similar to a story my former CP told me when he flew for a prominent aviation attorney.

Seems a C182 took off over gross and crashed shortly after lift off (in a cemetary no less), killing all on board. This attorney sued Cessna and WON because they designed a baggage compartment big enough to overload.

The AA verdict is a pile of dung and I hope will be overturned in appeal. If it's not, isn't AA able to sue the same authority to recoup the cost of the of the destroyed MD80? Aren't the families of those killed/injured entitled to sue the wife since the federal finding lists her husband as the cause of the accident?

Juries must be reigned in. Period. Whoever denies the need for tort reform needs to have their heads examined!

What a crock folks. What a crock!

2000Flyer

 

[AA717driver]

The Little Rock Airport Authority ought to file bankruptcy, liquidate and force their people to DRIVE to MEM or FSM. I think that might bring home to future juries the lunacy of such verdicts.TC

 

[rvsm410]

I believe the dispatcher for that AA flight was called on the carpet as well by the NTSB and the FAA investigators for allowing the crew to continue to the airport with Sever TS closing in rapidly. This has been a case study in many dispatch classes, used to point out (in 20/20 hindsight) examples of dispatch/Pilot choices that could have or should have been performed in the minutes prior to the approach that may have had a happier outcome.

God Bless those that died, lets all learn from it and work together.

 

[Wesb737fo]

What did William Shakespeare say about lawyers?

 

[joe_pilot]

With our culture of multi-million dollar liability lawsuits and sensational media the general public will never, ever put aviation related accidents or incidents into perspective.

We all wince when we hear of a fellow aviator’s misfortune, mostly because we know that there is probably more than one time we have done something that could have been better thought out. We learn from it. How many times does bad decision making that results in, at worst, fatalities or at least a near miss, make headlines for more than a day when it involves an automobile?

Common sense rarely applies to juries or to John Q. Public, especially if aviation is involved. People just don't get it.

Need I say more?

Fly safe, but Fly.

-J

PS I'm definitely speaking in general and NOT about any accident/incident in particular.

 

[Dodge]

The Little Rock Airport Authority ought to file bankruptcy, liquidate and force their people to DRIVE to MEM or FSM. I think that might bring home to future juries the lunacy of such verdicts.TC

Naw, they'll just raise the prices on parking, concessions, etc....
But I agree. Closing the airport would definately send a message to the LR jury pool.