'Not About The Money'? Carnahan Family Seeks Damage Trial
Here we go again. After
a limited victory in a bizarre lawsuit seeking damages for a
product found to have NOT contributed to the fatal crash of former
Governor Mel Carnahan and his son Randy, the
family has asked for a new trial on the issue of punitive
damages.
Last January, to the surprise of much of the aerospace industry;
Jackson County (MO) jurors awarded the family $4 million in
actual damages, significantly less than $100 million
they requested in the suit filed over the crash. Despite
the award, jurors apparently found no grounds for punitive damages
against Parker-Hannifin Corp. Carnahan, as well as his son
Randy and a longtime aide perished in the accident, which occurred
under tough IFR conditions but with Pilot Randy Carnahan reporting
at least one functioning attitude reference via radio
communications prior to the crash.
Carnahan was campaigning for a US Senate seat held by John
Ashcroft and won it, albeit posthumously. His wife, Jean, was
named to the seat.
In additional court
actions, Circuit Judge Charles Atwell further reduced the amount
Parker-Hannifin must pay from $4 million to some $2.4 million.
Atwell subtracted prior settlements that the family has received
from other companies that were also sued in the Oct 16,
2000, crash. Parker-Hannifin has since filed a motion asking
Atwell to set aside these verdicts on the basis that they feel that
they are unsupported by the evidence (a
contention apparently supported by the NTSB report).
The key trial issue, as put forth by the family, was whether the
company's vacuum pumps failed, cutting power to instruments
critical to flight. AN NTSB report disputed that contention, in no
uncertain terms.
This week, Jean Carnahan made an emotional statement
claming that punitive damages were appropriate 'against a
company that has not taken steps to correct a problem that has
killed dozens in plane crashes over the past 20 years.' Her legal
team allegedly posits that jurors did not find for punitive
damages because Atwell disallowed key evidence that supported them.
The family claims that they were prevented, for instance,
from telling jurors that the company saved $200 million by not
replacing the pumps or that the company did not properly cooperate
with federal authorities, according to Carnahan attorney
Gary Robb.
"If a jury hears the full story," Robb said, "We believe they
will want to send a strong message that this company's dangerous
conduct can no longer be tolerated."
Lorrie Paul Crum, VP of Communications for Parker-Hannifin told
the Kansas City Star that the jury's verdicts were "a compromise,"
and "there was no consideration ever given, rightfully, to punitive
damages. This company has done everything it could for safety."
Crum said the company would not appeal beyond the routine motion
asking the judge to disregard the verdicts.
Robb notes that the
Carnahans have not decided if they would appeal
further if Atwell denies their request for a new trial for
punitive damages. In the previous verdict, jurors originally found
that the company should pay Jean Carnahan and her surviving
children, Thomas, Russell and Robin, $3 million for Mel Carnahan's
(pictured right) death and also awarded Jean Carnahan $1
million for Randy Carnahan's death. Following other legal
proceedings (involving other settlements), Atwell reduced the
amounts to approximately $1.9 million and $505,500,
respectively.
But remember... according to the family, "it's not about the
money..."