Bill Dause is under the chopping block!!

[DougH 270]

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Were you on the load? Can you say from firsthand information that the jumper was NOT reminded of the exit procedure before the jump?

I know some one who was on the load, and what he mentioned was that every one on the load verbalized it, and made visual refrence also by pointing to their heads or helmets.

But we know how second hand stories go.

"The restraining order says you're only allowed to touch me in freefall"
=P

[JohnRich 4]

The correct expression would be: "on the chopping block", not under it... "Under the knife" might be appropriate, though.

[JohnRich 4]

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I would not have nice words for a pilot that made a habit of putting people out of a climbing airplane.

It depends upon the airplane.

When practicing style and exiting from 7,500 feet, I have the Otter pilot continue to climb and I exit without a cut. With the higher tail on that plane, this is not a danger, and it gets me out where I need, without interrupting the climb and delaying anyone else.

[JohnRich 4]

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When you get rear ended because a car behind you got rear-ended - you SEW ALL - I am guessing this is the case too.

The correct expression would be "sue", not sew.

Yes, it's typical for lawyers to sue everyone associated with an incident, whether guilty or not. Then later, during fact-finding, they dismiss those that were not liable, or don't have deep pockets.

[CSpenceFLY 1]

We are not talking about an Otter. I know I left myself open for an argument by not being specific.

[ZegeunerLeben 0]

>>What a load of crap. Everyone who jumps from the 99 is told to watch out for the tail. I always prefer to do diving from exit from that plane, I had a near miss on it myself. But I would never try to place blame on another, especially after being told about it. He hit the tail and broke his back, and that sucks. I don't see how anyone else is responsible.

[NWFlyer 2]

Facts from the case summary:

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Number: CV034817 Date Filed: 02/21/2008
Type: CV Complaint Type: PI/PD/WD - Non-Auto
Title: CHRISTIAN BARTON VS PARACHUTE CENTER, ET AL
Party Party Name Representation
Plaintiff BARTON, CHRISTIAN GOLDSTEIN, MICHAEL
Defendant PARACHUTE CENTER
Defendant DAUSEJR , WILLIAM R
Defendant STUNTS ADVENTURE EQUIPMENT, INC
Defendant FLANAGAN ENTERPRISES, INC

I believe the only statement we can make at this point is that the plaintiff has filed suit against four defendants, not that Bill Dause is dragging anyone down with him.

"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

[monkycndo 0]

I was not there that day, but have to agree on being given a "watch your head" reminder on H&Ps out of the B99 at Lodi. Even after making several in one day, the same TI from a previous load tapped his head to remind me when I was at the door. When wing suiting there, I have seen it given many times all the way from up front.

50 donations so far. Give it a try.

You know you want to spank it
Jump an Infinity

[Beerlight 0]

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We are not talking about an Otter. I know I left myself open for an argument by not being specific.

Chris, it still would not be the pilots fault. IF the pilot violated a FAR or something in the POH, then they could be found liable.

Sure, there ARE bad jump pilots, and if there are shouldn't the DZO just fire them?

[happythoughts 0]

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What a load of crap. Everyone who jumps from the 99 is told to watch out for the tail.

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Christian Barton said he believes he was struck in his "lower extremities" by the airplane's tail and remembers little else about his jump from 3,000 feet.

"He believes". He doesn't actually remember.

I can understand getting hit in the head, but "the lower extremities"? I know some experienced people who have had tailstrikes on a Kingair. Not lower anything.
That sounds a lawyer-ese setup for the lawsuit.

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"It's somewhat cloudy," he said Thursday. "I remember the chute deploying at around 2,000 feet."

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Witnesses reported seeing a parachutist descending in an out-of-control spiral into a vineyard north of Peltier Road at Highway 99, crashing through trees on the way down. The parachutist said he doesn't remember hitting the trees.

"Lower extremities".
"The parachutist said he doesn't remember hitting the trees."

The tail might have stunned him, but the injuries might have been from the trees. You can't sue trees.

Also, he remembers the opening, but not the trees?
An "out of control" spiral sounds like a cypres-fire and unconscious reserve ride.

A lot of the statements sound like they were coached, for effect, by a lawyer. Perhaps the anonymous OP.
The whole thread is sounding like an information search on "how do I make this suit stick?".

[CSpenceFLY 1]

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We are not talking about an Otter. I know I left myself open for an argument by not being specific.

Chris, it still would not be the pilots fault. IF the pilot violated a FAR or something in the POH, then they could be found liable.

Sure, there ARE bad jump pilots, and if there are shouldn't the DZO just fire them?

What is right isn't always legal and what is legal is not always right. There are aircraft that are highly probable to have a tail strike in a climb if someone exits wrong.

Let me rephrase my position

If I were the pilot of a Beech 99 or the DZO that was using one, I would not allow people to exit the aircraft while in a climb. PERIOD!!! It is not worth the danger to the people on board or the possible damage to the aircraft. This is not something up for debate. It is my position on this subject.

[diablopilot 2]

Easy solution. Just don't get on the plane when Bill is flying.

----------------------------------------------
You're not as good as you think you are. Seriously.

[LongWayToFall 0]

Yeah, it would be too bad if people had the option of making an informed decision. Let me change up your sentence:

There are aircraft that are highly probable to have a tail strike in a climb if someone exits wrong.

There are skydives that are highly probable to result in death if someone does shit wrong.

Both sound legitimate to me

[CSpenceFLY 1]

I guess you have a point there somewhere.

[jsaxton 0]

I work (day job) with one of the instructors on that load. He had talked to the jumper in question aout his exit technique and warned him of the consequences.

[BillyVance 34]

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I guess you have a point there somewhere.

And there was a tail strike on the King Air at Pell City a few years ago when a new girl did a poised exit.

"Mediocre people don't like high achievers, and high achievers don't like mediocre people." - SIX TIME National Champion coach Nick Saban

[Andrewwhyte 1]

Is it abnormal to do a poised exit on a king Air?
The reason I ask is because I have about 1000 tandem dynamic, head up exits on a King Air; I think this amounts to the same thing as a poised exit. Also I have done many AFF poised exits as well as many RW exits where the centre float was poised.

[Mountainsky1 0]

nice try, You bought the ticket, You got on the airplane, You jumped out, OH yeah You hit the tail and You sued everyone.

Next time you are looking for someone to talk to have a chat with Dennis Murphy. I am sure he would be most happy to talk with you, having spent several years on the ground.

[popsjumper 2]

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I would not have nice words for a pilot that made a habit of putting people out of a climbing airplane. The pilot at Monroe use to do that until I asked him if I should call George to see if that was proper procedure. He didn't do it anymore.

Yes, and the jumpers at Monroe were grateful for your speaking up.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

[popsjumper 2]

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as a jumper, should have known this and planned for it before he jumped. Simple as that.

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This jumper knew what he was doing.

Good. You caught my drift.

In the big scheme of things, I don't know how you can blame the pilot for any of this.
You can't get out without a cut? Don't freakin' go!
I mean WTH?

You get warned about the possibility of a tail strike and you jump UP anyway?
I mean WTH?

Call me stupid, I guess. CSpenceFly noted the Monroe pilot. I jumped that plane, too. I was warned. As a young jumper I made a conscious effort to get out safely.

My reality and yours are quite different.
I think we're all Bozos on this bus.
Falcon5232, SCS8170, SCSA353, POPS9398, DS239

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[bodypilot1 0]

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The jumper was just following Bill's exit command. You guys know what it was like when you were new, you exited when told.....at Bill's everyone exits when told you dont' have a choice.

That's funny because in all the years I have jumped from an aircraft while Bill was flying, I have never heard him give the exit command. Although, I have heard all the tandem instructors yelling GO!!, and if you were doing a tandem on that load I'm sure you were yelling at him to get out as well.
And at Bill's, as well as any place else, you do have a choice to exit or not.
Maybe this guy will turn around and sue all the people on the plane for mental anguish, for yelling at him to GO?

www.WestCoastWingsuits.com
www.PrecisionSkydiving.com

[Cashmanimal 0]

The first time I jumped at Lodi was from the 99 and when I got on the ground, the first person I talked to was an instructor who came up to me and said "In case nobody told you, the tail on that plane is really low. Try to dive DOWN out of the plane, because while you weren't close, you were closer than is comfortable."

It was that simple. No, nobody had told me before, and when I made my next jump from it I remember looking and noticing how low/close the tail actually was.

And yes, in reference to the tandems, on my next jump they all started screaming "go" as usual and I am sure I pissed many of them off by waiting until I saw the flaps go down to start my climbout. Also one guy in my group refused to get out before the freeway, which did not earn us very many brownie points either.... -shrug-

It's all fun and until someone loses an eye... then it's just a game to find the eye

[flyhi 24]

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There is a waiver

Is there?

Shit happens. And it usually happens because of physics.

[jsaxton 0]

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There is a waiver

Is there?

Read the back of the ticket.

[gjhdiver 0]

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There is a waiver, and I seriously hope Bill countersues for all his legal costs.

There is no waiver at Lodi. It's not a USPA dropzone, and Bill has never required that a sport jumper sign any release or waiver before jumping. There is a small blurb on the back of the jump ticket, like what you see on the back of a parking garage receipt, but that's the extent of it.