ZEEBEE,
The lawyers always "win" as it were - as they always get paid.... and as I have said I think that is fair enough.
But I think the main "winners" (if you can call them that!) in these cases are the victims who will receive the compensation they need and deserve. They will get their compensation (including interest which by the court scales is very generous),
and the lawyers will get their fees.
It's just a pity the process all takes so long and the victims have to wait for years and sit through a lengthy trial and possibly appeal and possibly another trial over quantum ....the survivors are forced to re-live the event and the family and friends of the deceased have to continue to be reminded of their loss and what their loved ones went through.....but that's the system.
neither Mr. Penberthy nor the engineer/s set out with the intent on damaging people and property.
OK but that doesn't mean they are not negligent. If you drive into the back of the car in front of you because you were'nt paying attention, you are still negligent even though you didn't intend to crash.
surely did their best to keep things as safe as they could be under the circumstances
Obviously the Judge disagrees.....
Hopefully most people involved in aviation who see this decision will learn from it and realise the consequences of their decisions .... rather than burying their head in the sand moaning about lawyers and how unfair the legal system is etc....
Signing off now ZB as we could discuss this forever and never agree.
Di
Edited to add: I feel almost as sorry for the pilot and engineer as I do for the injured, the deceased and all their families and friends. I agree that it is easy to look back on their mistakes with hindsight and decide who was to blame. Certainly no one would want to be in the pilot's shoes during this horrific flight. But hopefully many pilots will learn from his mistakes - and not turn back for the strip in circumstances where you are too low but still gaining height. It would take a lot of courage and clear thinking to resist the urge I would think. But this scenario (turning back for the strip) happens far too often.