Previous Settlements Allow Families To Sue As Well
Auto racing giant NASCAR and an affiliated company have filed a
lawsuit against Cessna, charging that a Cessna 310 owned by NASCAR
crashed entirely due to the manufacturer's negligence, and that the
plane Cessna's instructions, warnings, inspections and repairs for
the aircraft were inadequate.
The Daytona Beach News-Journal reviewed court documents in the
suit, filed in connection with the crash on July 10, 2007.
As ANN reported, NASCAR Aviation Captain
Michael Klemm and Dr. Bill Kennedy, also a pilot and the husband of
NASCAR official Lesa France Kennedy, took off from Daytona Beach
for Lakeland, FL. Ten minutes later, they reported smoke in the
cockpit, and announced their intent to land at Orlando-Sanford
International Airport.
The NTSB determined the two men were probably overcome by toxic
fumes. The board reports the last radio transmission was cut off in
mid-sentence, and included the phrase "shut off all radios." The
plane suddenly banked right, struck a tree, and crashed into two
houses at The Preserve at Lake Monroe subdivision in Sanford. Klemm
and Kennedy died, as did an adult and two children on the
ground.
NASCAR has already said it believes the accident was caused by
an electrical fault in the aircraft wiring. The amount sought in
the lawsuit was not specified, but it appears NASCAR and its
insurer are trying to recover settlements already paid to the
families of victims, including at least a million dollars paid to
Klemm's family.
The terms of the
settlements paid by NASCAR specifically left
the door open for the families to sue Cessna and various parts
manufacturers.
Cessna says it will have no comment on pending litigation, and
declined to say whether it faces any other lawsuits in connection
with the crash. Cessna calls the 310's safety record "excellent."
The News-Journal reports the AOPA Air Safety Foundation accident
database lists the type in 461 accidents since 1983, of which 137
involved at least one fatality.
The suit will make an interesting study in case law, and not
just because the airplane was 30 years old. NASCAR is attempting to
pin 100 percent of the blame on Cessna, but at least one witness
told the NTSB the accident aircraft
had suffered a failed weather radar system the previous
day, accompanied by a burning smell in the cockpit,
but Klemm, NASCAR's pilot, said he wasn't concerned and chose to
fly the plane regardless.
There's no word yet on when the suit might come to trial if not
settled.