The Increasingly Problematic Legal Lottery Makes Aviation Industry The Loser... Again

A state well-known for being a "lawyer's stronghold" has set the scene for a renewed battle over an accident that place in 2002... in New Mexico. The Alabama Supreme Court has just put forth a ruling that allows for the resumption of legal hostilities against two major GA manufacturers... years after the 'negligence' cases were previously thrown out. The Friday judgement ruled that the previous dismissals were in error and ordered the matter reinstated.

Duluth, MN, pilot John Swanstrom Jr. was killed on May 28th 2002 as N901CD, a Cirrus Design SR-20 went down in mountainous wooded terrain at a density altitude calculated at over 11,800 feet MSL. The cross-country flight departed from the Angel Fire Airport (AXX), near Angel Fire, New Mexico, at 1627, and was destined for Sioux Falls, South Dakota. Swanstrom, a 1350 hour pilot, was the only person on board.

Attorneys filed a wrongful death claim on behalf of his wife and children, alleging defects in the aircraft's fuel pump -- despite the fact that the NTSB's Probable Cause determined that the accident was caused by, "The pilot's decision to continue the flight into the rising mountainous terrain, and subsequent failure to maintain clearance with the trees. Contributing factors were the rising mountainous terrain, and the high density altitude."

According to data contained in the NTSB reports, the "engine was examined on June 6, 2002 at Teledyne Continental Motors facility in Mobile, Alabama under supervision of an NTSB investigator. The engine exhibited severe impact and fire damage. No anomalies were found that 'would suggest any engine problem prior to the accident.'"

Regardless, as evidence of the above pilot errors could not be considered among the factual evidence presented at trial (the data gathered in NTSB investigations, along with the Probable Cause determinations, are not admissible in such proceedings), the Alabama Supreme Court decision will allow renewed action on the 'negligence and strict-liability claims' against TCM and Cirrus.

FMI: www.ntsb.gov/ntsb/brief.asp?ev_id=20020605X00811&key=1, www.cirrusaircraft.com, www.genuinecontinental.aero, http://www.aero-news.net/news/genav.cfm?ContentBlockID=206e8e28-e694-4c26-94f6-d0f0bcd4a292&Dynamic=1