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Thu, Jun 17, 2004

Judge Says No To New Carnahan Trial

Family Wanted More In Damages

When the family of Missouri Governor Mel Carnahan (right) won their lawsuit against vacuum-pump maker Parker-Hannifin, the Jackson County (MO) jury deciding the case refused to award his widow any punitive damages. Monday, a county judge refused to approve the family's demand for a second trial so they might get another shot at punishing the parts maker.

Carnahan was flying aboard a Cessna 335 piloted by his son, Randy, on October 16, 2000, when they ran into rough weather in southeastern Missouri. The pilot reported his primary attitude indicator had failed. The aircraft went down near Hillsboro (MO), killing all three people on board.

In January, a jury awarded the late governor's widow, Sen. Jean Carnahan (below), $4 million in compensatory damages, but refused to award punitive damages. The award was later reduced to $2.4 million after Judge Charles Atwell factored in previous settlements in the case. The Carnahan family had asked the court for $100 million in damages.

Sifford's family settled with Parker-Hannifin for $905,000. 
 
The jury disregarded the finding of the NTSB that showed the Cessna's directional gyro, driven by the Parker-Hannifin vacuum system, was working and that Randy Carnahan told controllers before the crash that he was able to steer the aircraft. Carnahan attorney Gary Robb said the company had disregarded for years safety problems with the vacuum systems, accusing Parker-Hannifin of knowingly allowing a number of fatal aviation accidents.

However, Judge Atwell, Monday, said the case for punitive damages was weak. He said Parker-Hannifin involved the FAA as soon as it discovered potential problems for its vacuum systems and recommended to customers that they consider purchasing back-up systems.

FMI: www.parker.com

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