Cirrus Wrongful Death Cases Head To District Court | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Recent Daily Episodes

Episode Date

AMA Drone Report

Airborne-Monday

Airborne-Tuesday

Airborne-Wednesday

Airborne-Thursday

Airborne-Friday

Airborne-Unmanned w/AUVSI

Airborne On ANN

AMA 05.18.17

Airborne
05.22.17

Airborne
05.23.17

Airborne
05.24.17

Airborne
05.25.17

Airborne
05.19.17

Airborne-Unmanned 05.23.17

Airborne-YouTube

AMA 05.18.17

Airborne
05.22.17

Airborne
05.23.17

Airborne
05.24.17

Airborne
05.25.17

Airborne
05.19.17

Airborne-Unmanned 05.23.17

XPONENTIAL Innovation Preview -- www.allthingsunmanned.com

Sat, Mar 04, 2006

Cirrus Wrongful Death Cases Head To District Court

But... NTSB Says Pilot Error Caused Accident

Two wrongful death lawsuits against Cirrus Design Corp. stemming from a January 2003 accident have been kicked down to Itasca County (MN) District Court, after Cirrus unsuccessfully petitioned for the cases to be heard at the federal level.

The lawsuits were filed by next-of-kin on behalf of pilot Gary Prokop and passenger James Kosak, who were killed January 18, 2003 when their SR22 (file photo of type, above) impacted terrain south of Hill City, MN. News reports at the time said neighbors reported hearing the plane overhead, and saw it flying low and at high-speed before impacting the trees and bursting into flames.

According to the lawsuit filed on behalf of the Kosak family, Prokop took delivery of the SR22 from Cirrus on or about December 9, 2002, and received training as part of Cirrus's owner program over the next three days.

Both the Kosak lawsuit, and one filed on behalf of Prokop's family, assert Prokop was awarded with a training completion certificate upon completion of the training, as well as a high-performance endorsement on his ticket. However, both estates allege the Cirrus trainer omitted some of the training requirements -- most notably, the IFR portion.

Attorney Phil Sieff, who represents the Kosak estate, maintains Prokop didn't receive the "IFR Flight (Non-rated)" lesson, which was part of Cirrus training sold and promised to Prokop.

"By all appearances," one day of in-flight training on how to fly the airplane in bad weather conditions was skipped, Sieff said. "We believe it would have given him the tools to avoid the crash," Sieff said. "If you agree to provide four days of training, you do it. We think there was a very specific identifiable failure to train this guy as they said they would."

Cirrus denies the crash was the result of any act or omission by Cirrus, or its agents or employees.

"We know these guys," Bill King, Cirrus vice president of business administration,told the Duluth (MN) News-Tribune Wednesday. "It's very tragic. It's about losing customers. But this is a very interesting case. There have been absolutely zero allegations about anything to do with the aircraft. No one is arguing that the airplane was culpable in this tragic accident."

King added that Cirrus is not required by federal law to provide transition training to its customers, but does so anyway. He also pointed out that no amount of training can make up for poor judgment -- which he believes was at the core of Prokop's accident.

"The issue doesn't have so much to do with training as with a pilot taking off into bad weather," King said. "It was very windy and conditions were very marginal. We're not trying to hurtle rocks here, but this correlates back to a judgment question, not a training question."

In its Probable Cause report, the NTSB makes no mention of the aircraft. The agency's ruling reads 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."

In addition to their lawsuit against Cirrus, Kosak's estate also filed a negligence suit against Prokop's estate -- indicating, it would seem, that they believe Prokop was at least partially culpable in the accident.

Stay tuned.

FMI: Read The NTSB Probable Cause Report

Advertisement

More News

AMA Drone Report 05.18.17: Drone-Jumping!, AMA Sightings Report, King Schools

Also: DJI Smart TV App, Huerta: Unmanned Aircraft 'Good News Story', XPONENTIAL Innovation Preview Ya had to see it to believe it... An ingenious Latvian UAS operation has pulled o>[...]

Airborne-Unmanned 05.23.17: Courts Nix Model Regs, Autonymous Flt, WATT 300

Also: King Schools Update, Kittyhawk APP, Robird And Integrated Drone Solutions, ICAO Drone Tracking The unmanned community got a bit of a jolt late last week when the US Court of >[...]

Airborne 05.23.17: Icon A5 NTSB Report, Product Certification, GE9X Testing

Also: UAL Cockpit Doors, NAHI 2017, Drone Database, Manual Flying Skills, Heli-Theft, Runway Extension, New SecAF The NTSB has released its preliminary report from an accident invo>[...]

Airborne-Unmanned 05.23.17: Courts Nix Model Regs, Autonymous Flt, WATT 300

Also: King Schools Update, Kittyhawk APP, Robird And Integrated Drone Solutions, ICAO Drone Tracking The unmanned community got a bit of a jolt late last week when the US Court of >[...]

Airborne-Unmanned 05.16.17: XPONENTIAL 2017, Airbus Aerial, Parrot Professional

Also: AUVSI BOD, PrecisionHawk's Free PrecisionMapper, Consortiq, XPONENTIAL 2017 Innovation Preview As opening sessions go, it was an eye-opener. Intel CEO Brian Krzanich took the>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2017 Web Development & Design by Pauli Systems, LC