Press Clipping - Family files suit after plane crash (Quantum Leap)

[dharma1976 0]

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This same lawyer is the one that is representing the former MO govenor's family in their lawsuit against the plane manufator that built the plane that he and his son were killed in. It appears he specializes in aviation lawsuits against the manufactors.

you know whats funny

the clause in my will that states what my mother knows...

that if I burn in in a skydiving accident there is to be no suing or the entire amount of my holdings goes to someone else...(of course that means that my ashes get thrown out of a plane instead of being buried as well which would freak her more than the money)

cheers

Dave

http://www.skyjunky.com

CSpenceFLY - I can't believe the number of people willing to bet their life on someone else doing the right thing.

[tonyhays 86]

I believe it was Pegasus Skydiving in Oklahoma.

“That which can be asserted without evidence, can be dismissed without evidence.”

[Brains 2]

Dharma,
I also have a clause that states if any suit is brought to court involving my death in skydiving, my entire estate is to be liquidated and given to the defendant.

Never look down on someone, unless they are going down on you.

[Programmer 0]

"...juries are not as clear-headed today."
Lawyers have gotten better at jury selection. I've been called for jury duty several times. The court always asks us to introduce ourselves and tell our occupation. When I say I'm a computer programmer and I work for an insurance company, the plaintiff's attorneys shrink back in fear making the sign of the cross in front of themselves with their fingers and shouting "Noooo, Noooo". I've never been seated on a jury.

[rushmc 23]

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I wonder if the family has been informed about the waiver she signed and what it details.

I will bet the lawyer hasn't even seen that yet!

"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

[MakeItHappen 15]

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I believe it was Pegasus Skydiving in Oklahoma.

Are you the same Tony Hays mentioned here?
Oh of course you are, the D license and membership # match up.

I am just curious, two years ago we (the USPA BOD) were told that you had ~100 to 200 jumps.
You were suspended for a year.
And now you have 2500 jumps.

How do you get that many jumps so quickly? I wanna know so that I can sign up...

.

.
Make It Happen
Parachute History
DiveMaker

[dmitch31 0]

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That's sad.

The young woman's body isn't even cold before a fucking ambulance chaser jumps on the litigation bandwagon.

That guy needs hurting really, really bad.

As much as people vilify Michael Hawkes, you've got to hand it to him for putting those people who sued him into the poorhouse. Let's hope the same thing happens here.

mh

Has no one considered the possibility that Victoria's parents contacted the attorney themselves? It makes logical sense. He's in the area and he's done these types of lawsuits before. I'm not an attorney and I'm not related to one, but unless one of you has a crystal ball, then we don't know how their business arrangement came about.

I was at lunch today with a co-worker who told me that he had heard about this lawsuit on the news. I hadn't heard about it yet, but I said, "I bet it's the parents of the girl from England." Reason I said that is because I heard an interview on the radio with Victoria's mother. It struck me that she did not sound weepy or emotionally distraught at all. Rather, she sounded very angry and terse. She made a comment that made me roll. She said, and I'm quoting here exactly, "this was so unnecessary." And I'm thinking NECESSARY??!!!? What does necessary have to do with it?? It was an accident. Accidents are never necessary. Her choice of words made it sound like she thought it was almost intentional. It just struck me weird.

More thoughts... I've signed the waiver at Quantum, and it says on there that you waive the right to sue even if something goes wrong that is due to the negligence of the DZ or staff. Just a point of information. I don't know a whole lot about the legal system, so it will be interesting to see how this plays out. The NTSB report is key right now. There's no way for Victoria's parents or their lawyer to know who is responsible, thus knowing who to name in the lawsuit... that is unless they've got a crystal ball too...

[lisamariewillbe 1]

Wasnt only his membership suspended? Does that mean he cant jump? Im a bit confused, I wasnt under the impression we were forced to be members of the USPA. And what does that have to do with the lawsuit?

Sudsy Fist: i don't think i'd ever say this
Sudsy Fist: but you're looking damn sudsydoable in this

[jtval 0]

I couldn't imagine that they couldfind such a lawyer in such short order.


it is more believable that THAT lawyer "chased the ambulance" once he got a name I think he'd have an easier time finding her parents.

the lawyer already knows the answer to who he's looking for.

but if the parents had the time to call a lawyer rather than make arrangements for thier daughters funeral, I guess that would speek volumes about their concern.

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[PhreeZone 20]

*off topic completly*

To jump at a USPA member Dropzone you must have a current and valid USPA membership. A GM that allows people to jump with out being members is breaking the pledge they agreed to and can be removed from the USPA. This can result in nothing happening, or can result in the DZ getting kicked off an airport, etc.

Yesterday is history
And tomorrow is a mystery

Parachutemanuals.com

[FreeflyChile 0]

Regarding whether the family knows what's in the waiver....

I'm only a law student, and anyone who's a real lawyer can confirm this or correct me on it, but if i remember my first year classes correctly, you can't sign away someone's right to sue for certain things. Again, I don't remember exactly where i learned it, but i do remember being in class where we were told that you can't waive someone else's right to sue (though i dont remember where it applies) and i remember thinking that it went against every waiver for skydiving i ever signed..... from my understanding, no waiver is airtight.

[Beerlight 0]

I think it's total bullshit too..... You can also bet they will go after not just P&W, but additionally any manufacturer that hung accessories on the engines or airframe..... ie. fuel control units, generators, prop manufacturer..etc..etc....

Typical ambulance chaser tactics........like somebody else said, hope the waiver holds tight......

blue skies for those that were lost............

[normiss 806]

exactly...there are non-uspa dropzones...

[dmitch31 0]

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I couldn't imagine that they couldfind such a lawyer in such short order.

With all due respect, what you can imagine has nothing to do with this. And for that matter, finding an attorney fast is easy. We live in a very technologically advanced age. All they would have to do would be to place a call to their own attorney and pay them to do the research for them. I wouldn't assume that Victoria's parents spent hours trying to find an attorney that specializes in aviation cases.

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it is more believable that THAT lawyer "chased the ambulance" once he got a name I think he'd have an easier time finding her parents.

Again, what is believable to you and what "you think" means nothing as well. We all decide what we want to believe. It's subjective.

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the lawyer already knows the answer to who he's looking for.

Either you've called the psychic friends hotline, or you've just decided that you want to work up a bunch of negative emotional energy toward some people you've never met in a situation in which you have no way of knowing how an arrangement was made. Generating angst towards this attorney is pointless, especially when you've decided that "you know" how he operates. Give us a break.

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but if the parents had the time to call a lawyer rather than make arrangements for thier daughters funeral, I guess that would speek volumes about their concern.

OK, now that remark right there was just ignorant.

[jtval 0]

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With all due respect, what you can imagine has nothing to do with this. And for that matter, finding an attorney fast is easy. We live in a very technologically advanced age. All they would have to do would be to place a call to their own attorney and pay them to do the research for them. I wouldn't assume that Victoria's parents spent hours trying to find an attorney that specializes in aviation case.

as you said,your opinion means asmuch as mine does. unless this post is made to target me for stating my opinion. the parents of the deceased live in another country across the world. They are dealing with the loss of their child and I doubt that finding a lawyer would be their first worry. getting their daughters body home, planning the funeral, getting her personal belongings, telling her fam and friends all seem to take precidence.

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Again, what is believable to you and what "you think" means nothing as well. We all decide what we want to believe. It's subjective.

why did you botherposting this? I don'tthink you would post what I beleive or vice versa. so this means nothing.

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Either you've called the psychic friends hotline, or you've just decided that you want to work up a bunch of negative emotional energy toward some people you've never met in a situation in which you have no way of knowing how an arrangement was made. Generating angst towards this attorney is pointless, especially when you've decided that "you know" how he operates. Give us a break.

um..the lawyer DOES have the answer to who he is looking for. The info is inthe newspapers, and with a little probing you can get intouch with her family. If I was a lawyer who was looking for my next big case that's what I would do. I have no idea what negative enrgey you are talking about. maybe it's time for you to step away form your computer and stop attacking me for no reason.

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but if the parents had the time to call a lawyer rather than make arrangements for thier daughters funeral, I guess that would speek volumes about their concern.

OK, now that remark right there was just ignorant.

[mr2mk1g 10]

I am what you Yanks would call an Attorney.

For what it's worth, in my opinion this whole situation screams that the lawyer contacted the client rather than the other way round.

I freely accept however that it could easily have been the other way round... but in my experience the situation described in the article would be extremely unusual if it had been.

I'm afraid however, that you will all have to console yourselves with the fact that we'll probably never know and that we are all left to simply guess.

...not that it actually really matters in the grand scale of things.

[crotalus01 0]

Okay, condolances to her family, its a shitty situation.
But what if (devils advocate) the parents of the deceased TM decided to sue the parents of the deceased daughter and the DZO because there was a chance he would never have been on the load if their daughter had not signed up to do a tandem skydive?
lawsuits like this are ridiculous, and they can go either way in terms of potential responsibility. bottom line is she signed the waiver, she knew (as much as any non-skydiver can) the risks involved, and she elected to get on the airplane.
Its the same exact risk that I and every other skydiver takes each time we board an aircraft to jump (or to fly for that matter).
Again, condolances to the family. It sucks, but life is hard sometimes.

As for me and my house, we will serve the LORD...

[bob.dino 1]

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She said, and I'm quoting here exactly, "this was so unnecessary." And I'm thinking NECESSARY??!!!? What does necessary have to do with it?? It was an accident. Accidents are never necessary. Her choice of words made it sound like she thought it was almost intentional. It just struck me weird.

It's just an English manner of speaking.

[jtval 0]

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I am what you Yanks would call an Attorney.

For what it's worth, in my opinion this whole situation screams that the lawyer contacted the client rather than the other way round.

I freely accept however that it could easily have been the other way round... but in my experience the situation described in the article would be extremely unusual if it had been.

I'm afraid however, that you will all have to console yourselves with the fact that we'll probably never know and that we are all left to simply guess.

...not that it actually really matters in the grand scale of things.

Thanks for your input.

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[kelpdiver 2]

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But what if (devils advocate) the parents of the deceased TM decided to sue the parents of the deceased daughter and the DZO because there was a chance he would never have been on the load if their daughter had not signed up to do a tandem skydive?

the judge would laugh and sanction the lawyer for wasting time.

Even without knowing anything about what happened to the Otter, there is no comparison.

I do hope the manufacturers think twice about settling this time. It's no longer cost of trial versus settlement, but rather summation of settlements to come.

[kallend 2,032]

How many more posts on the theme of "Plaintiffs' lawyers are scum" do you think we'll get? It's not like that's NEWS!

...

The only sure way to survive a canopy collision is not to have one.

[dmitch31 0]

My point regarding how the attorney and his client came together is: "We don't know." "I don't know." Whether you like it or not, YOU don't know either. There's no point expressing "opinions" (as you call them) about something which you have no way of knowing any of the facts. Call Mrs. Delacroix and ask her if the attorney instigated it or not and then you "might" have grounds to express an opinion about what you actually know to be true. Otherwise it's just all worthless conjecture that gets people all worked up for no good reason.

I'm willing to admit that I don't know, but you think you know this guy's motives, method of operation, what communication has transpired, etc., when you really don't.

You can fan the flames of a thread where everybody is being led to think/say "he's an ambulance chaser", "the body wasn't even cold", "this guy deserves to be hurt really really bad", etc. And what it all boils down to is just a bunch of bullshit and a bunch of skydivers demonstrating that they jump to conclusions and pass judgment when they clearly couldn't possibly be aware of the facts of what actually transpired. It makes us all start looking like a bunch of morons. That's my beef with it.

It's best to refrain from commenting when you don't know the facts, ESPECIALLY when it comes to judging other people and their motives. I wouldn't appreciate it if you did it to me, and you wouldn't appreciate it if I did it to you. I can't tell you not to do it, but I am trying to tell you I think it's not a good idea and generally not helpful for anyone.

[jtval 0]

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My point regarding how the attorney and his client came together is: "We don't know." "I don't know." Whether you like it or not, YOU don't know either. There's no point expressing "opinions" (as you call them) about something which you have no way of knowing any of the facts. Call Mrs. Delacroix and ask her if the attorney instigated it or not and then you "might" have grounds to express an opinion about what you actually know to be true. Otherwise it's just all worthless conjecture that gets people all worked up for no good reason.

I'm willing to admit that I don't know, but you think you know this guy's motives, method of operation, what communication has transpired, etc., when you really don't.

You can fan the flames of a thread where everybody is being led to think/say "he's an ambulance chaser", "the body wasn't even cold", "this guy deserves to be hurt really really bad", etc. And what it all boils down to is just a bunch of bullshit and a bunch of skydivers demonstrating that they jump to conclusions and pass judgment when they clearly couldn't possibly be aware of the facts of what actually transpired. It makes us all start looking like a bunch of morons. That's my beef with it.

It's best to refrain from commenting when you don't know the facts, ESPECIALLY when it comes to judging other people and their motives. I wouldn't appreciate it if you did it to me, and you wouldn't appreciate it if I did it to you. I can't tell you not to do it, but I am trying to tell you I think it's not a good idea and generally not helpful for anyone.

Ok now read this back as if I posted it to you. Do you have a crystal ball?

I never said "the body wasn't even cold", "this guy deserves to be hurt really really bad", " and I refered to him being an ambulance chaser in response to another post.

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I wouldn't appreciate it if you did it to me, and you wouldn't appreciate it if I did it to you.

but you are doing it to me. why would you feel the need to single me out? there are many people here who feel that way.


I guess you can post your opinion about me all day but I can't post my opinion. Is that it?
read the restof the thread. this lawyer has a history of sueing aviation and skydiving. I told you my opinion and you told me yours. unless you have somekind of proof to either truthI see no reason to discuss this with you.


Ease up. I feel bad for all involved. anything other than that will not be discussed with you

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[kelpdiver 2]

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It's best to refrain from commenting when you don't know the facts, ESPECIALLY when it comes to judging other people and their motives. I wouldn't appreciate it if you did it to me, and you wouldn't appreciate it if I did it to you. I can't tell you not to do it, but I am trying to tell you I think it's not a good idea and generally not helpful for anyone.

the lawyer in question knows no more facts than anyone else at this time.

[DBCOOPER 5]

You can sue anyone for anything.Its America.

Replying to: Re: Stall On Jump Run Emergency Procedure? by billvon

If the plane is unrecoverable then exiting is a very very good idea.