Cirrus Design and UND sued for bad Flight training

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TCAS
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Cirrus Design and UND sued for bad Flight training

Post by TCAS »

Cirrus ordered to pay $14 million due to fatal plane crash
by Elizabeth Stawicki, Minnesota Public Radio
June 5, 2009


An Itasca County jury has ordered Cirrus Design, an airplane manufacturer in Duluth, and the University of North Dakota to pay $14.5 million to the families of two men who were killed in a 2003 Cirrus plane crash in north central Minnesota.

The plane crashed in a densely wooded area near Hill City on Jan. 18, 2003, killing the pilot, Gary Prokop, 47, and James Kosak, 51. Both were from Grand Rapids.

The men were traveling in a Cirrus SR-22 to St. Cloud to meet family members for a hockey tournament. Witnesses say they saw the plane flying at a high speed at treetop level, and then burst into flames when it hit the trees.

The families of the two men sued Cirrus and the University of North Dakota's Aerospace Foundation, claiming they were negligent in failing to adequately train Prokop on how to fly the plane by instruments in bad weather.

Attorney Phil Sieff, who represented Kosak's family, said Cirrus and UND did not provide training in risk management of the Cirrus SR-22.

"We contended very clearly that Mr. Prokop purchased and was promised training, and it wasn't provided to him," said Seiff. "The failure of that training directly led to the plane crash, and the jury agreed."

The jury found Cirrus and University of North Dakota were 75 percent negligent, and found Prokop 25 percent negligent.

Jurors awarded Kosak's family $7.4 million and Prokop's family $9 million -- it would have been $12 million had he not been found negligent.

Todd Simmons, Cirrus' vice president of marketing, says the company is considering an appeal.

"We are disappointed in this initial verdict, but we're going to be exploring all the options in the legal process for Cirrus aircraft," said Simmons.

Earlier this week, Cirrus announced that it is recalling 50 employees who had been laid off in January, and increasing its production from four aircraft per week to six. Simmons said the company did not believe the verdict would affect those moves.

The company had about 500 workers on furlough early this year, and most of them are now back at work. Cirrus also eliminated more than 200 jobs in a reorganization last fall.

Source (Minesota Public Radio)
So if you operate without proper rating(s) or in a FAR PART § 91.13 Careless or reckless manner (non Instrument Rated in marginal VMC or IMC conditions at tree top level .....) etc. your surviving dependant(s) ...... the aircraft manufacturer and Flight training provider :shock:

BTW Risk Management = 'First Class' Bull Sh*t/Crap.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:

Spatial disorientation experienced by the pilot, due to a lack of visual references, and a failure to maintain altitude. Contributing factors were the pilot's improper decision to attempt flight into marginal VFR conditions, his inadvertent flight into instrument meteorological conditions, the low lighting condition (night) and the trees.

Source (NTSB Identification: CHI03FA057)
In my opinion - No aircraft manufacturer, Flight training provider or personal Flight Instructor is a add-on 'Family' live insurance in case of (example): operations beyond airmen qualifications, justifying bad attitude/behavior - poor go/no-go decision making - poor airmanship, get-there-itis, flying at tree top level, FAR PART § 91.13 Careless or reckless operation(s) and last but not least NOT knowing or complying with the Federal Aviation Regulations etc. etc.

Note: .... (47) flying experience see item "PERSONNEL INFORMATION" H E R E

I (multiple K Instrument Rated aviator) hope Cirrus Design and The University of North Dakota (UND) appeals this :shock: decision to a higher court and .... 'how low can you go' ...... don't get a penny from Cirrus Design and UND ;)

Back to the 80's ?

"Have fun, Fly safe, don't forget to lower the gear and stay out of trees"

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favourite_belgian
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Re: Cirrus Design and UND sued for bad Flight training

Post by favourite_belgian »

Oh that's a good one. So if I have a family member who gets killed in a car accident because of let's say thick fog I could sue the government or perhaps even the car manufacturer for inadequately training that family member on how to drive safely through fog. Now there's a thought. I suppose that is what you get in a blame society.
I do indeed hope that the manufacturer and the university win their appeal.

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TCAS
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Re: Cirrus Design and UND sued for bad Flight training

Post by TCAS »

O/T

To be honest - I would not even think of flying Avidyne equipped airplanes (example: older SR2x) in IMC or marginal VFR 'weather' conditions WITHOUT certified double or triple redundancy such as a steam VOR with Glide Slope and ADF gauge.

Reason: ....... can't be '100 percent reliable' restarted in flight and average failing time (from user experience) = 150 hours :shock:

At least one (older SR2x) owner is saying " ....... is one of the least reliable components in the airplane" :shock:

Not important/relevant but nice to know: ....... isn't able to switch to true headings (within the polar circle approach plates are developed for true headings), doesn't have airspeed bugs, autopilot altitude preselect control result in the removal of altitude alert etc.

Please don't blame Cirrus Aircraft, it's the buyer who select/choose third-party equipment.

BTW these days Cirrus Aircraft offers the 'much better' (100 percent reliable in flight resettable) speed bug and altitude alert equipped Garmin G1000 instead of full steam gauges or Avidyne.

Disclaimer: I would not say Avidyne is crap but Avidyne doesn't meet my 'personal' IFR redundancy, reliability and safety requirement.

"Have fun, Fly safe, don't forget to lower the gear and stay out of trees"

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