Go Back  PPRuNe Forums > Flight Deck Forums > Rumours & News
Reload this Page >

Atlas Crash - Pilot's Family Files Lawsuit

Rumours & News Reporting Points that may affect our jobs or lives as professional pilots. Also, items that may be of interest to professional pilots.

Atlas Crash - Pilot's Family Files Lawsuit

Old 24th Sep 2019, 21:58
  #41 (permalink)  
 
Join Date: Apr 2015
Location: Under the radar, over the rainbow
Posts: 756
Likes: 0
Received 0 Likes on 0 Posts
Originally Posted by wrench1
What I find interesting is they (Aska) include his employer Atlas in the filing. In most (all?) states an employee/surviving family can not sue the employer due to state workman's compensation laws as the work comp will pay out on the death claim. Was the crew considered "contractors" to Atlas or Amazon?? Then no workman's comp. I'm no expert on this side but something is amiss here. As the rotor turns...as they say on my end of the business.
One of the exceptions that permits employees to sue outside of workers' comp is when an employer has inadequate coverage to compensate for the loss. Also, whether it works or not, it's always easier to name all the defendants you can think of in the original claim. If some or all counts are dismissed as to some defendants, you've lost nothing. And, just maybe, they won't be dismissed.

Our legal system is deliberately adversarial. Plaintiffs' attorneys in cases like this know that the defendants are going to have high-powered counsel with killer instinct, so there's no advantage to being "reasonable" from the outset.
OldnGrounded is offline  
Old 24th Sep 2019, 22:00
  #42 (permalink)  
 
Join Date: Jul 2013
Location: Everett, WA
Age: 68
Posts: 4,301
Received 136 Likes on 67 Posts
Originally Posted by wrmiles
It seems they are alleging everything possible (fatigue, maintenance, airworthiness, etc) against every entity possibly involved. There is no hint of which allegations actually caused the accident, evidence of which would presumably come later.
That's SOP when filing a lawsuit - allege everything against everybody. It's relatively easy to drop something out of the suit once filed, much harder to add if it turns out you missed someone or something.
Maninthebar - yes I've known and dealt with a number of lawyers over the years. A few came across as fine, outstanding people and good lawyers, I wish I could say they were in the majority. But I can't - far too many were at the opposite end of the spectrum.
tdracer is offline  
Old 25th Sep 2019, 00:28
  #43 (permalink)  
 
Join Date: Oct 2006
Location: USA
Posts: 741
Received 22 Likes on 17 Posts
Originally Posted by OldnGrounded
One of the exceptions that permits employees to sue outside of workers' comp is when an employer has inadequate coverage to compensate for the loss.
I believe that is true for an employee. But for the surviving family to bring suit there are 2 qualifiers that must be satisfied: there is actual harm to the survivors and the employee was not negligent in his death. If in fact the FO was pilot flying then might be hard to pass the latter test. However, each state has different work comp laws.
wrench1 is offline  
Old 25th Sep 2019, 06:29
  #44 (permalink)  
 
Join Date: Jul 2004
Location: Netherlands
Posts: 722
Received 0 Likes on 0 Posts
If you need a lawyer, watch out. They will always tell you what YOU want to hear. Not whether the legal path you want him go down, is even possible, wise, smart or desireable.
fox niner is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.