'Not About The Money'? Carnahan Family Seeks Damage Trial

Here we go again. After a limited victory in a bizarre lawsuit seeking damages for a product found to have NOT contributed to the fatal crash of former Governor Mel Carnahan and his son Randy, the family has asked for a new trial on the issue of punitive damages.

Last January, to the surprise of much of the aerospace industry; Jackson County (MO) jurors awarded the family $4 million in actual damages, significantly less than $100 million they requested in the suit filed over the crash. Despite the award, jurors apparently found no grounds for punitive damages against Parker-Hannifin Corp. Carnahan, as well as his son Randy and a longtime aide perished in the accident, which occurred under tough IFR conditions but with Pilot Randy Carnahan reporting at least one functioning attitude reference via radio communications prior to the crash. 

Carnahan was campaigning for a US Senate seat held by John Ashcroft and won it, albeit posthumously. His wife, Jean, was named to the seat.

In additional court actions, Circuit Judge Charles Atwell further reduced the amount Parker-Hannifin must pay from $4 million to some $2.4 million. Atwell subtracted prior settlements that the family has received from other companies that were also sued in the Oct 16, 2000, crash. Parker-Hannifin has since filed a motion asking Atwell to set aside these verdicts on the basis that they feel that they are unsupported by the evidence (a contention apparently supported by the NTSB report).

The key trial issue, as put forth by the family, was whether the company's vacuum pumps failed, cutting power to instruments critical to flight. AN NTSB report disputed that contention, in no uncertain terms. 

This week, Jean Carnahan made an emotional statement claming that punitive damages were appropriate 'against a company that has not taken steps to correct a problem that has killed dozens in plane crashes over the past 20 years.' Her legal team allegedly posits that jurors did not find for punitive damages because Atwell disallowed key evidence that supported them. The family claims that they were prevented, for instance, from telling jurors that the company saved $200 million by not replacing the pumps or that the company did not properly cooperate with federal authorities, according to Carnahan attorney Gary Robb.

"If a jury hears the full story," Robb said, "We believe they will want to send a strong message that this company's dangerous conduct can no longer be tolerated."

Lorrie Paul Crum, VP of Communications for Parker-Hannifin told the Kansas City Star that the jury's verdicts were "a compromise," and "there was no consideration ever given, rightfully, to punitive damages. This company has done everything it could for safety." Crum said the company would not appeal beyond the routine motion asking the judge to disregard the verdicts.

Robb notes that the Carnahans have not decided if they would appeal further if Atwell denies their request for a new trial for punitive damages. In the previous verdict, jurors originally found that the company should pay Jean Carnahan and her surviving children, Thomas, Russell and Robin, $3 million for Mel Carnahan's (pictured right) death and also awarded Jean Carnahan $1 million for Randy Carnahan's death. Following other legal proceedings (involving other settlements), Atwell reduced the amounts to approximately $1.9 million and $505,500, respectively.

But remember... according to the family, "it's not about the money..."

FMI: www.parker.com