Paper-Mache Moose Leg, Cessna Seat Brought To The
Courtroom
A jury hearing a product liability case against Cessna, O &
N Aircraft Modifications, and McFarlane Aviation Products being
tried in Philadelphia were shown a paper-mache model of the
hindquarters of a moose, as well as the pilot's seat of a Cessna
210 similar to the one Alfred Wilsey Jr. was flying when it went
down just after takeoff, killing both Wilsey and his passenger,
Richard Ongaro.
C210 File Photo
The two men had been on a hunting trip in 2005, and were
departing from the Flying B Resort Ranch in Salmon, Idaho to return
to Marin, CA when the accident occurred. The plaintiffs claim that
the seat on the Cessna slid back during takeoff, preventing Wilsey
from reaching the controls and causing the crash. Cessna's lawyers
say the airplane was overloaded with gear, and the carcass of the
moose. Court documents say that the defense maintains there was so
much baggage loaded into the plane that "there was little if any
room for the [backward] movement of the seat." The NTSB probable
cause report, which is not admissible as evidence, indicates that
the estimated weight and balance placed the airplane's takeoff
weight at 3,729.4 pounds, which was below the maximum gross weight
of 4,000 pounds. The estimated center of gravity was 48.57 inches,
which was within, but near, the aft limit of 49 inches.
NTSB records also report the aircraft veered sharply
left after takeoff before first hitting the ground with its tail
and then pitching nose down into the ground. It flipped over and
caught fire on impact. The remains of the actual aircraft were
brought into the courtroom in a shipping crate.
The Philadelphia Enquirer reports the plaintiff's lawyers had
placed the fuselage of a similar aircraft, along with the moose
model, in a tent outside the courthouse, since the fuselage was too
big to be brought in to the courtroom through the freight
elevator. Defense lawyers also set up an airplane mockup in another
courtroom to make its case. Cessna lawyer Ralph Wellington called
the display set up by plaintiff's attorney Arthur Wolk a "Disney
exhibit." Wolk is a nationally-known aviation attorney.
At the heart of the case is whether the seat rails, manufactured
by McFarlane Aviation Products for Cessna, have a design flaw that
would allow the seat to slide back inadvertently. Cessna settled a
substantial punitive damage claim after an accident in 1989 in
which a jury found the seat rails were partially to blame for an
accident that severely injured three people.
While the accident happened in Idaho, the case can be heard in
Philadelphia Common Pleas Court because Cessna sells airplanes
there. Additionally, the airplane was modified with a Rolls-Royce
gas-turbine engine by O & N Aircraft Modifications in
Factoryville, PA. Wolk also lives in the Philadelphia
area.
Common Pleas Judge Marlene Lachman has reportedly chided both
sides for their lack of decorum during the proceedings.