Years of Wasted Effort, Resources, and Worry Signal Ongoing Defects In US Tort Law
When the news first came out, in 2015, that Van's Aircraft was sued for a considerable amount of money and that the law firm pressing the action was being VERY public about it, many feared the worst.
The nation's legal system, for better or worse, is rife with abuse, hype, and excess -- and is littered with victims of a system that seem to pay more attention to the grandiose emotional performances and hyperbole performed by lawyers looking for a payday, than in getting to the actual truth of a tragic situation.
More than one company, for questionable reasons, has failed as result of excessive legal costs and the aggressive debilitating actions of a legal system that seems, in many cases, to often be out of control.
We're happy to say, though, that Van's Aircraft will survive... and more than that, that the lawsuit against the company has been dismissed, according to Van's itself.
A public statement from Van's Aircraft reports that, "As many of you may know, Van’s Aircraft and others were named as defendants in a lawsuit related to a tragic RV-10 accident that occurred near the Oregon coast in May, 2014. The NTSB investigated the accident and concluded that the probable cause of the accident was: 'A total loss of engine power due to fuel starvation because of a blocked fuel line that resulted from the pilot’s improper maintenance practices and the pilot’s subsequent failure to maintain adequate airspeed while attempting a forced landing, which led to the airplane exceeding its critical angle-of-attack and experiencing an aerodynamic stall.'
The plaintiffs’ attorneys in this case initially chose to publicize this suit extensively, along with their claim for very high damages. We know that many of our customers and others in the aviation community have been concerned about the status of this suit for some time.
The crew here at Van’s would like to let everyone know that this suit was dismissed. Van’s own investigation of the accident concurred with the NTSB probable cause report. The complaint against Van’s had no merit."
The 35 million dollar lawsuit was filed in October of 2015. The suit was filed on behalf of the family of 4-year-old Zoey Wahl, who was fatally injured when the Van’s RV-10 she was aboard went down on May 31, 2014. The suit was brought by April Gleason, the girl's mother, who was also aboard the RV-10 when it went down. She suffered multiple injuries in the accident, including a broken back, sternum, and rib cage, but performed CPR on her daughter until first responders arrived at the accident scene; the parking lot of a paper mill in Toledo, OR.
The inflammatory lawsuit, filed in Marion County (OR) Circuit Court, claimed that Vans, "Exploits (a) regulatory loophole to mass-produce "kit" airplanes while avoiding critical design, safety, and airworthiness requirements."
It also stated that, "As a result of the exploitation of the loopholes in the FAA's regulations as to "homebuilt" aircraft by kit aircraft manufacturers, the homebuilt aircraft market has grown substantially, such that roughly 10 percent of general aviation aircraft flown today are "homebuilt," and that homebuilt aircraft account for a disproportionate number of general aviation aircraft accidents," the suit claimed. "Defendant Van's is the largest such kit manufacturer. Van's mass-produces aircraft of untested, unproven, and unsafe designs. Van's derives substantially increased profits and market share by being able to mass-produce aircraft without having to go through the FAA certification process and to demonstrate the safety of its aircraft. This gives Van's a competitive edge against its competitors that go through the certification process, such as Cessna, Piper, and Cirrus."
The firm representing the injured parties, Landye Bennett Blumstein LLP, went to some lengths publicizing their claims, and used highly volatile (IMO) language and unverified claims, along with some pretty inflammatory rhetoric, to cast Van's (and other defendants) in an unflattering light.
Now dismissed, one can only wonder what this has cost Van's Aircraft, how much damage was ultimately done to the company, and the homebuilt aircraft movement by the lawyer's bizarre (IMO) rhetoric and hyperbole, and what other lasting negative effects this fruitless battle may have caused.
Regardless; Van's concluded their short public statement by stating, "Now and in the future Van’s is committed to providing our customers with the highest quality Kit designs and assembly instructions available. Our entire staff strives to make our designs the safest in the industry and we encourage our customers to utilize our free builder assistance, vast internet resources and the expertise of EAA Technical Counselors and other experienced builders. The loss of life and injuries caused by this and too many other accidents are truly sad and unfortunate… and preventable. Please build and fly safely."
As previously noted in numerous ANN articles and editorials, the current state of the US legal system is highly flawed... and this lawsuit was just another bit of proof of that fact. More info to follow.
ANN's Daily Aero-Linx (04.16.24)
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