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 09.22.14 ** HD iPad-Friendly -- Airborne 09.22.14 **
** Airborne 09.19.14 ** HD iPad-Friendly -- Airborne 09.19.14 **
** Airborne 09.17.14 ** HD iPad-Friendly -- Airborne 09.17.14 **

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

AOPA Files Comments On FAA Hangar Use Policy

Urges Expanded Definition of 'Aeronautical Use' The AOPA has filed comments with the FAA concerning its policy concerning the use of hangars at airports that have received federal >[...]

Airborne 09.22.14: New US Rocket, ForeFlight iOS8 Ready, Missing WWII Airmen

Also: Triton Arrives Pax River, G1000 Warranty Program, Zero-G 3D Printer, Amazing AVW Carrier Vid The U.S. space flight industry moves in a positive direction as with the announce>[...]

Airborne 09.22.14: New US Rocket, ForeFlight iOS8 Ready, Missing WWII Airmen

Also: Triton Arrives Pax River, G1000 Warranty Program, Zero-G 3D Printer, Amazing AVW Carrier Vid The U.S. space flight industry moves in a positive direction as with the announce>[...]

ANN's Daily Aero-Linx (09.23.14)

Helicopter Foundation International (HFI) Helicopter Foundation International is dedicated to preserving the heritage of the helicopter and of the industry’s service to manki>[...]

ANN's Daily Aero-Term (09.23.14): Hazardous Inflight Weather Advisory Service

A service providing recorded weather forecasts broadcast to airborne pilots over selected VORs defined as a HIWAS broadcast area.>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

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