skyjumpenfool 2 #101 January 28, 2010 Quote Quote The verdict is in- no liability on Bill's part. Does Bill get his attorney fees from the plaintiff? And, once again, the winners are.......... that's right, THE ATTORNEYS!! At least the jury got it right. Birdshit & Fools Productions "Son, only two things fall from the sky." Quote Share this post Link to post Share on other sites
thestalkmore 0 #102 January 28, 2010 Fantastic news! Glad this was settled properly. Quote Share this post Link to post Share on other sites
jrcolo 0 #103 January 28, 2010 Right on! Way to go Lodi!!!!!!!!! Quote Share this post Link to post Share on other sites
f1racer696 0 #104 January 28, 2010 i might not have alot of jumps, but when i did my hop n pops and when i see people do theirs. yes i doesnt not cut back, but he sure as hell leveled off the plane. my first h n p was out of the 99. they talked about it with me on the ground, talk about it again with me on the way to altitude, and reminded me again right before i jumped. if you cant listen to that then i dont see how that is their problem oh dude DUde DUDE BRO DUDE. omg DUDE! ummmmm. i forgot.... Dudeist Skydiver #61 Quote Share this post Link to post Share on other sites
JerryBaumchen 1,362 #105 January 28, 2010 Hi sky, Disclaimer: my son is an attorney. QuoteAnd, once again, the winners are.......... that's right, THE ATTORNEYS!! I do not know the details but I would think that the plaintiff's attorneys ( the guys going after Bill's $$$$ ) don't get anything. And they probably lost/spent a fair amount of money in their efforts. My expectation is that Bill's attorneys will get paid by Bill. Would you have preferred that Bill go into court only representing himself and without attorneys? Hmmm; what was it Lincoln said? Attorneys do what their clients want them to do, i.e., this injured jumper wanted them to go after Bill's $$$$. JerryBaumchen Quote Share this post Link to post Share on other sites
mrbiceps 0 #106 January 28, 2010 After Bill pays his lawyers i wonder if he is going to cut next time he sees a guy with 15 jumps who is about to get out and has a million things going through his mind... I bet he does. Quote Share this post Link to post Share on other sites
PeteS 0 #107 January 28, 2010 guys with 15 jumps don't do hop and pop's from the 99. Quote Share this post Link to post Share on other sites
mpreil 2 #108 January 28, 2010 Great news! Even for those who don't like Bill, this is great news. The vultures need to see that it's hard to sue a drop zone for injuries that occur during routine skydiving operations. Once that line is crossed for any reason, this sport is in serious trouble. I know some of those with an axe to grind will jump in and say this was not a "routine skydiving operation" Guess what? I'd rather leave that judgement up to the jumpers and DZOs, not the lawyers. See you when the sun comes out.... Quote Share this post Link to post Share on other sites
skyjumpenfool 2 #109 January 28, 2010 QuoteHi sky, .................Hmmm; what was it Lincoln said? Attorneys do what their clients want them to do, i.e., this injured jumper wanted them to go after Bill's $$$$. JerryBaumchen I too know of many good honest Attorneys! However, after I was injured (my own damn fault! Stupid in action!) Several lawyers came to visit me (unsolicited) in the hospital to tell me how I could get all my medical bills paid and come out smelling like a rose!! I told them all to exit my room thru that 7th floor window. 12 weeks in the hospital and all the bills are paid. I didn't have to sue anyone. I didn't mean to slam lawyers in general, I'm just saying........ It’s just nice to see this decision!Birdshit & Fools Productions "Son, only two things fall from the sky." Quote Share this post Link to post Share on other sites
popsjumper 2 #110 January 28, 2010 Well, I'm sorry Barton got hurt but I'm ecstatic that a jury FINALLY scored one for personal responsibility.My reality and yours are quite different. I think we're all Bozos on this bus. Falcon5232, SCS8170, SCSA353, POPS9398, DS239 Quote Share this post Link to post Share on other sites
tbrown 26 #111 January 28, 2010 QuoteFantastic news! Glad this was settled properly. Not to be picky, but this was not a settlement. It was a verdict. It was a victory. And it is fantastic news ! Your humble servant.....Professor Gravity ! Quote Share this post Link to post Share on other sites
hangdiver 1 #112 January 28, 2010 Congratulations to Bill and the Jury! I am truly sorry to here about anyone having severe spinal cord damage but everyone needs to take some personal responsibility in their actions. Skydiving isn't safe.. never was. Many jumpers that aren't with us anymore have proved that. "Mans got to know his limitations" Harry Callahan Quote Share this post Link to post Share on other sites
NWFlyer 2 #113 January 28, 2010 Follow-up article: http://www.recordnet.com/apps/pbcs.dll/article?AID=/20100128/A_NEWS/1280317/0/A_NEWS QuoteParachute center not liable in fall Jury rules 10-2 against skydiver in $8M lawsuit By Daniel Thigpen Record Staff Writer January 28, 2010 12:01 AM STOCKTON - A San Joaquin County jury concluded Wednesdays that the owner of an Acampo-based parachute drop zone was not liable for a skydiver's debilitating spinal-cord injuries suffered during a jump more than three years ago. In a 10-2 verdict, jurors said Parachute Center owner and pilot Bill Dause did not act so recklessly during the 2006 low-altitude jump that his conduct was outside the range of normal skydiving activities. Christian Barton, 33, sued Dause and the Parachute Center last year. On a summer day in 2006, Barton was injured after jumping from Dause's twin-engine Beechcraft at 3,000 feet and striking the plane's tail. Barton's safety chute deployed, and he crashed into a vineyard. He was paralyzed at first but later regained limited ability to walk. Lawsuits against skydiving centers are not common, in part because of the assumed risks of the sport. During the 10-day trial in Stockton this month, Barton's attorney argued that Dause did not sufficiently warn Barton about the risk of hitting the plane's tail and was flying the plane in a manner inconsistent with industry standards. Barton's attorney asked the jury to consider awarding his client approximately $8 million in damages. Dause's lawyer claimed Barton was well aware of the risks and that he used a reckless jumping technique. Reached by phone at his skydiving facility off Highway 99, Dause praised the jurors for clearing him Wednesday of any fault. "I was confident in my attorney and in the outcome. I was convinced the error was on (Barton's) part," Dause said. "I think the jury saw through the façade." Barton and his attorney, Solana Beach lawyer Michael Goldstein, could not be reached for comment after the verdict. During seven days of testimony, jurors heard from Dause and Barton, as well as a skydiving expert and current and former employees of the Parachute Center. During closing arguments, Goldstein said Dause should have slowed and leveled out the plane before the fateful jump. "(Dause) created the risk. He put the plane in the worst possible position," he said. As Dause's staff and supporters watched from the audience Tuesday morning, Siebert warned jurors that a judgment against the Parachute Center could alter the sport. "We don't tell (baseball) pitchers what pitches they can make," he said, "because that would change the nature of the sport." Jurors began deliberating late Tuesday afternoon and announced their verdict just before 12:30 p.m. Wednesday."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 Quote Share this post Link to post Share on other sites
CSpenceFLY 1 #114 January 28, 2010 I wonder who the skydiving experts were? Quote Share this post Link to post Share on other sites
PeteS 0 #115 January 28, 2010 I do know that Mike Turoff testified for the Plaintiff as an aviation expert. Quote Share this post Link to post Share on other sites
MakeItHappen 15 #116 January 28, 2010 QuoteI wonder who the skydiving experts were? Mike Turoff was the 'skydiving expert' hired by the Plaintiff. .. Make It Happen Parachute History DiveMaker Quote Share this post Link to post Share on other sites
JohnRich 4 #117 January 29, 2010 QuoteMike Turoff was the 'skydiving expert' hired by the Plaintiff. Co-author of "Parachuting: The Skydiver's Handbook" All-Experts profile: http://www.allexperts.com/ep/1652-14185/Skydiving-w-Parachutes/Mike-Turoff.htm LinkedIn profile, with photo: http://www.linkedin.com/pub/mike-turoff/8/297/138 FAA certificates: https://amsrvs.registry.faa.gov/airmeninquiry/Detail.aspx?uniqid=A1941508&ood=1&certNum=1 Quote Share this post Link to post Share on other sites
nshaver2 0 #118 January 29, 2010 I do not agree with this person suing over something that is their own fault. Everyone knows the risks of skydiving and everyone should be aware of the risks associated with the situations they jump. That being said, I think in order for people to take responsibility for their safety the skydiving community needs to foster an environment that allows people to do so. There is a difference between yelling GO! GO! at people who are just slow getting out of the plane and are ruining the spot for the rest of the load and someone who has a safety concern. We have to make the distinction between the two. Also, if this person looked out for himself and asked for the plane to level off would that request be honored? if it wouldn't then how can this person take responsibility for his own safety? This person paid for a hop and pop and I believe it is the pilots responsibility to do the best job possible getting the plane to altitude and provide a safe condition for the jumper to exit. I don't agree with putting jumpers in the position of having to do a special exit just so the plane can keep climbing to save a couple dollars (I realize every plane is different and people should be aware of the safest exits, but that should be determined by the type of plane not trying to save on gas). This is a stupid situation and is ultimately the jumpers responsibility, but I would like the see all skydivers get the best possible jump conditions (cut, level flight) whenever possible. It is sad that situations like this occur because of trying to save a little money on gas and not cutting and leveling out. Quote Share this post Link to post Share on other sites
f1racer696 0 #119 January 29, 2010 to a certain extent i agree with you. but for one, EVERY time i have been on a load with a H n P he has leveled out. but also, no matter what the condition of the jump was, he was not FORCED to jump out. it was absolutely his choice to do so, and he can blame no one else for that. he has already payed for the jump, it is his choice whether to use it. oh dude DUde DUDE BRO DUDE. omg DUDE! ummmmm. i forgot.... Dudeist Skydiver #61 Quote Share this post Link to post Share on other sites
rrrrr 0 #120 January 29, 2010 The Court makes the following rulings on the Plaintiff's Motions In Limine: [snip] 6) to exclude reference to any publication by Jan Meyers is granted. [snip] The Court makes the following rulings on the Defendant's Motions In Limine: [snip] 2) for an order prohibiting Michael Turoff from proffering opinion testimony which in any way relates to the piloting a multi-engin aircraft is denied. [snip] Quote Share this post Link to post Share on other sites
hangdiver 1 #121 January 29, 2010 > I don't agree with putting jumpers in the position of having to do a special exit I hate to break this to you, but every exit from an aircraft is special. There are so many ways to kill yourself, you have no business leaving the door if you don't know the risks and possible consequences of your actions or inaction. I've signed waivers that say "I agree skydiving has no social redeeming value". Read the waiver. "Mans got to know his limitations" Harry Callahan Quote Share this post Link to post Share on other sites
MakeItHappen 15 #122 January 29, 2010 QuoteThe Court makes the following rulings on the Plaintiff's Motions In Limine: [snip] 6) to exclude reference to any publication by Jan Meyers is granted. [snip] see Collision Course That article was written in 1990. It's my understanding that Dause's attorney did not find out about it until after some deadline related to discovery. .. Make It Happen Parachute History DiveMaker Quote Share this post Link to post Share on other sites
matthewcline 0 #123 January 29, 2010 Hmm, another of these folks huh?Matt An Instructors first concern is student safety. So, start being safe, first!!! Quote Share this post Link to post Share on other sites
mjosparky 4 #124 January 29, 2010 QuoteThe Court makes the following rulings on the Plaintiff's Motions In Limine: [snip] 6) to exclude reference to any publication by Jan Meyers is granted. [snip] The Court makes the following rulings on the Defendant's Motions In Limine: [snip] 2) for an order prohibiting Michael Turoff from proffering opinion testimony which in any way relates to the piloting a multi-engin aircraft is denied. [snip] Now that was a waste of bandwidth. Crawl back under your rock. SparkyMy idea of a fair fight is clubbing baby seals Quote Share this post Link to post Share on other sites
bodypilot1 0 #125 January 29, 2010 Quoteno matter what the condition of the jump was, he was not FORCED to jump out. it was absolutely his choice to do so, and he can blame no one else for that. he has already payed for the jump, it is his choice whether to use it. Exactly. Experienced skydivers NEED to understand the aircraft they jump from, as well as when and HOW to exit the aircraft that takes them to altitude. Far too often they board the plane knowing nothing about it, when it takes them to altitude EVERY skydive! Skydiving is NOT only about stablity of ones self in the air, and the knowledge of a couple of parachutes, it's also about the aircraft that takes you there! IMO, the bottom line is... If you do not like the aircraft, the exit speed, aircraft attitude or configuration on exit, or even the area you are exiting over, then DO NOT GET ON THE PLANE or DO NOT GET OUT!www.WestCoastWingsuits.com www.PrecisionSkydiving.com Quote Share this post Link to post Share on other sites
