Judge Tosses Arkansas Plane Crash Lawsuit On A Technicality | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

** Airborne 07.31.14/Oshkosh Day 4! ** HD iPad-Friendly Version--Airborne 07.31.14/Oshkosh Day 4 **
** Airborne 07.30.14/Oshkosh Day 3! ** HD iPad-Friendly Version--Airborne 07.30.14/Oshkosh Day 3 **
** Airborne 07.29.14/Oshkosh Day 2! ** HD iPad-Friendly Version--Airborne 07.29.14/Oshkosh Day 2 **
** Airborne 07.28.14/Oshkosh Day 1! ** HD iPad-Friendly Version--Airborne 07.28.14/Oshkosh Day 1 **

Thu, Sep 20, 2012

Judge Tosses Arkansas Plane Crash Lawsuit On A Technicality

Plaintiff's Attorney Did Not Present Compelling Evidence At Trial

A judge in Washington County, AR, has thrown out a lawsuit stemming from an aviation accident because the plaintiff did not present sufficient evidence about the accident's cause.

The Associated Press reports that according to the Northwest Arkansas Times, Judge Joanna Taylor dismissed the case because the attorney for plaintiff Barry Giblow did not offer sufficient evidence for the trial to continue.

According to the NTSB's probable cause report, while on final approach to the destination airport, the airplane experienced a loss of engine power. The airplane impacted terrain in a nose low attitude and came to rest adjacent to a fence, several hundred yards short of the runway, resulting in substantial damage. During the recovery of the airplane a total of 1.75 gallons of fuel was recovered from both wing fuel tanks. The fuel tanks had not been compromised and had an unusable fuel total of 3 gallons. The commercial pilot reported to law enforcement personnel that they had not refueled prior to the return flight.

The National Transportation Safety Board determines the probable cause of the accident to be the pilot’s improper fuel management, which resulted in a loss of engine power due to fuel exhaustion.

The NTSB report is not admissible as evidence in a court of law.

While the NTSB said fuel management was the issue, each person on board the airplane told the agency that the other was acting as PIC of the Cessna 150 when it went down. Giblow had sued Jimmy Crawford, the other person on board, for $250,000. Both are certified pilots.

Giblow's attorney asked the judge to allow him to re-open the case at a later date, but she said state law does not allow her to take that action.

FMI: www.co.washington.ar.us

Advertisement

More News

Innovative OSH14 Sponsor, iFlightPlanner, Provides Expert Guidance

What is iFlightPlanner? iFlightPlanner is general aviation’s most comprehensive suite of easy-to-use flight planning tools for private and corporate pilots. Featuring iFlight>[...]

Futuristic OSH2014 Sponsor: 'Beyond The Blue' - The Inside Story Of The XPRIZE

Meet Jim Campbell--Wednesday/Thursday/Friday, At Sportys Pilot Shop--Display Area #260A, At 1300 Each Day And Get Your Signed Copy of Beyond The Blue!!! To Aviation Journalist and >[...]

Airborne 07.29.14, OSH14 Day 2: Mooney Delivers, AEA ADS-B Bucks, Perlan Project

Also: Hartzell Accessorizes, Lycoming's 85th, New Continental Diesel, Pelton Intvw-Part 2, DeltaHawk Diesel Update Mooney CEO Dr. Jerry Chen handed the keys for the first new Accla>[...]

IMC CLubs Leads The Way To OSH14 Special Event Coverage

IMC Clubs: Building Instrument Proficiency Through Community When it comes to flying, there is no substitute for proficiency and training. And maybe nowhere is that more important >[...]

Electrifying OSH2014 Sponsor: Concorde Batteries

Concorde Charges Up Our Oshkosh 2014 Coverage! Concorde Battery Corporation has been in the battery manufacturing business for over 30 years and is the world leader in Valve Regula>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2014 Web Development & Design by Pauli Systems, LC