Ameristar Accident
Country Wild,
Well, here we go again old buddy. You and me on legal issues.
I really try to control myself until the regularly believed points are exposed but the unchallenged issues come up. You may recall a discussion on crewmember liability and culpability following gross negligence some months back.
The real problem here is that it is very (I say again, very) difficult to bring suit against your employer in a tortious action after you are hurt on the job. The national worker's compensation rules and national Occupational, Safety and Health Adminstration just starts the process, then let alone the state's and locality's rules and issues. Then there's representation, collective barganing units and contracts ... could be a mess. In a right to work state, like Tejas (absent a contract) it's even more difficult. I doubt there is much of anything the poor Missy can do, and that's just plain sad. If not, it's wrong.
Most folks with a JD degree (any school, your choice, just pick it) will tell you it's a nearly fruitless undertaking. And I agree.
Knowing that, there's little chance the F/O has filed an action, least she or her representatives are wishing for a simple comfort settlement.
Her damaged family could have another case, however. And that's an intersting proposition. I wonder about her obligations to perform under a certain contract that you and others have mentioned. That's a contract I'd like to read.
OK, shoot from the hip, there you wiley ol' Texan. I'm locked and loaded. Let's see if we can help her, and our industry out of what could be one of it's darkest and stinkiest practices.
TransMach
