The Death Knell for General Aviation

[TheMentat]

Let me see if I understand this correctly. Some guy goes out and buys a new whiz-bang glass cockpit plane, and completes the VFR-only endorsement offered by the manufacturer. The pilot departs in overcast conditions, hoping to scud-run it to a break in the clouds, and climb out (generally considered a risky alternative, especially for a relatively inexperienced pilot). He ends up killing himself and a passenger.

His family sues the manufacturer, and gets $9 million?!?!?

A Minnesota jury has found that though the pilot was 25 percent negligent in the January 2003 fatal crash of an SR-22 that killed him and a passenger near Hill City, Minn., Cirrus and the University of North Dakota were 75 percent negligent. The result of the case hinges on the jury's belief that that the pilot had purchased and was promised training that he did not receive and that his lack of that training was a direct factor in the crash. The NTSB's factual report states that an individual requested an abbreviated briefing for the flight noting that conditions at the departure airport were 2,800 feet overcast and that he was "hoping to slide underneath it then climb out." One witness who observed the aircraft flying approximately 100 feet above trees noted the engine sound was smooth, the aircraft seemed to be following a road (a notion echoed by at least one other witness) and added "that thing was moving." The witness stated that weather at that location was clear and moon lit. Another witness who saw the post-impact "fireball" stated that weather at his location was clear with a full moon. Cirrus and North Dakota's Aerospace Foundation were sued by the families of the two crash victims claiming they were negligent and had failed to train the pilot to fly the aircraft in bad weather.

The 47-year-old pilot, Gary Prokop, held a private pilot certificate with an airplane single-engine land rating and a third-class medical, according to the NTSB. Prokop had logged 57 hours of instrument time with 248 hours total and almost 19 in the SR-22. Cirrus Design and the University of North Dakota had provided four flights accounting for 12.5 hour flight hours, plus 5.3 hours of ground instruction. Prokop was given a VFR-only completion certificate and high-performance endorsement limited to the SR-22 upon his completion of the course, Dec. 12, roughly one month prior to his fatal crash. Jurors awarded $9 million to Prokop's family. Cirrus is considering an appeal.

[kach22i]

Pilots tell me it's a nice plane, I'd hate to see the company fold because of this. They even put a chute on the plane, what else could anyone ask for?

http://blog.aopa.org/asfblog/?m=200903

[TheMentat]

Originally Posted by kach22i

Pilots tell me it's a nice plane, I'd hate to see the company fold because of this. They even put a chute on the plane, what else could anyone ask for?

I have first hand experience with them, and they are indeed nice planes (not my first choice though). I'm pretty sure those chutes don't work at low altitude...

[kach22i]

Originally Posted by TheMentat

I have first hand experience with them, and they are indeed nice planes (not my first choice though). I'm pretty sure those chutes don't work at low altitude...

100 feet over the trees following a road on a moon lit night, maybe they should have just jumped into the tree tops.

[MT930]

Total BS!!! This indeed will severely hurt General Aviation, It's hurting bad already.

Cirrus and the University of North Dakota are top notch organizations.

No offense intended to anybody. Was he a Doctor or Attorney?

[TheMentat]

Originally Posted by kach22i

100 feet over the trees following a road on a moon lit night, maybe they should have just jumped into the tree tops.

Maybe if Cirrus had explained that in their negligently incomplete training program, the pilot would still be with us!

[Seahawk]

We all can't be pilots...Gary Prokop's estate should be ashamed.

Thank God for my parents...

[Joeaksa]

Hope its appealed and they lose. This is total BS and one of the reasons why our society is going downhill. "Ambulance chasing lawyers" sure are not helping things IMHO...

[Porsche-O-Phile]

Totally stupid.

First off, he got an ABBREVIATED weather briefing. Mistake #1. He should've obtained a STANDARD weather briefing.

Secondly, forecasts were for 2800 overcast. At night, this is a tricky situation as flying under an overcast layer leaves one with little if any ambient light (very, very dark). Generally not a very smart thing for VFR pilots to do, but it is allowed. Trying to scoot along at 2000-2500' AGL at night under overcast is doable, but probably pushing it for a guy without an instrument rating. And personally if I were in that situation I'd have just filed IFR and said to hell with taking chances (I know, not an option for this guy but just sayin'...) The "go" decision shows (IMHO) questionable judgment. It ended up likely being a moot point however as the weather was "clear and moonlit" according to two witnesses. So why exactly was he blasting along at 100' AGL? Very stupid.

Third, 12.5 hours of flight and 5.3 hours of ground instruction is MORE than adequate to give someone preparatory instruction in an SR-22 (and yes, I've flown them). It is a "hot" plane, but I'd be shocked if it took a 200+ hour Private Pilot more than 5 or 6 hours of flight instruction (especially from a highly-structured, competent institution like UND, which has an EXCELLENT flight program) to show proficiency for his endorsement.

In short, this guy killed himself due to lousy judgment. I'd love to know why the F he was so low if it was clear above. No mention of a mechanical or altimeter failure, so it must be a deliberate decision. Either way, there's absolutely NO WAY UND and Cirrus are culpable here. This is a load of horsesch1t. Either a very stupid jury, a very NAIVE jury (who knows nothing about flying) and a terrible lawyer for the defendants to not properly educate them about aeronautical decision-making during the trial. No friggin' way UND and Cirrus should have to eat this. I seriously hope it gets appealed and overturned. Hell, the judge should've set aside the jury's verdict here IMHO. It's so obvious there should be no liability for the manufacturer or the school here.

- - - - -

I was under the impression that the GA Revitalization Act of 1994 was supposed to limit stupid awards of this type. Remember, it's lawsuits exactly of this sort that made all the aircraft manufacturers stop producing light airplanes once (one reason you didn't see any new light aircraft until only a few years ago). Fkin lawyers are killing society in the name of money for themselves "defended" through amazing amounts of rationalization for their "services". This will only result in greater price tags for aircraft, more stupid warning labels and placards (as if there aren't enough on an airplane already), more restrictions, etc.

This guy's beneficiaries shouldn't get a dime, much less $9,000,000.

The Roman Empire saw a MASSIVE increase in the number of laws (and lawyers) shortly before its collapse. Coincidence? I think not.

You can teach instrument skills, you can teach procedures, but you can't teach common sense. Some people should really just stick to taking the bus.

[widgeon13]

Unfortunately this BS has been hurting GA for many years.

[Seahawk]

Originally Posted by Porsche-O-Phile

...you can teach procedures, but you can't teach common sense.

Common sense isn't...