Awards $89 Million To Survivor And Families

A Common Pleas Court in Philadelphia has awarded $89 million to the survivor of a 1999 plane crash in Youngstown, Ohio, as well as the families of those who lost their lives in the accident. The 11-member jury said that engine manufacturer Lycoming knew about and concealed a known carburetor problem with the engine in the 1968 Piper Cherokee. The airplane went down just after a refueling stop in Youngstown, Ohio, killing four people and leaving one 15-year-old survivor. Court awarded $25 million in compensatory damages, and $64 million in punitive damages.

File Photo

The Associated Press reports that the case has been in litigation for 10 years. Twice, the Pennsylvania Supreme Court had dismissed arguments by Lycoming that very large claims are barred in cases involving defects in airplanes more than 18 years old.

The probable cause report from the NTSB, which is not admissible as evidence in such cases, makes no mention of any engine problems. It indicates pilot error was the likely cause of the accident:

"After landing, the airplane's main fuel tanks were filled, and the five people got back onboard. The tail was almost touching the ground, and the airplane was sitting nose high. After takeoff, the airplane appeared to have a hard time climbing out, and was 'hanging on the prop.' The airplane turned toward a left downwind. It was initially nose high, then started to slowly lose altitude. Altitude loss quickened, the airplane's nose fell through, and the airplane maintained a sliding, left turn until it impacted the ground about 1/2 mile southwest of the airport. The engine was heard 'roaring' prior to impact, chordwise scratches were found on the propeller blades, and rotational marks were found on the starter housing. The estimated weight of the airplane was approximately 10 pounds under maximum gross weight, while center of gravity computations, using several different baggage loading scenarios, ranged from 1.1 inches, to 0.3 inches, forward of the aft center of gravity limit. Temperature at the time of the accident was 81 degrees Fahrenheit, and the density altitude was about 2,600 feet msl.

"The National Transportation Safety Board determines the probable cause(s) of this accident as follows:

"The pilot's loss of control of the airplane during a turn. Factors include the pilot's failure maintain sufficient airspeed, and his failure to maintain the airplane in proper trim."

FMI: www.ntsb.gov