Recent RC death and AMA claim
09-02-2002, 02:29 PM
#1
Recent RC death and AMA claim
Hi guys,
I heard that their is now a wrongful death suit against the AMA regarding the recent tragic accident in Arizona where the gentleman flew into himself.
Anyone hear anything about this, and in particular what kind of claim they are making?
TIA
I heard that their is now a wrongful death suit against the AMA regarding the recent tragic accident in Arizona where the gentleman flew into himself.
Anyone hear anything about this, and in particular what kind of claim they are making?
TIA
09-03-2002, 11:24 AM
#3
Recent RC death and AMA claim
Originally posted by visioneer_one
Wrongful death suit against the AMA? How is the AMA liable for this incident?
What a ridiculous concept.
Wrongful death suit against the AMA? How is the AMA liable for this incident?
What a ridiculous concept.
Where have you been? We're into the 21st century. It's always someone else's fault. I read that story how he lost it in the sun as it was apparently coming towards him. Some family member is probably going to sue his best friend for getting him into the hobby in the first place. Then add to it the weather man for maybe predicting a cloudy day. Lets not forget whoever owns the field. Also involved is his mothers cousins sisters former roommate whoever that is. The only person who did not do anything wrong was the deceased. Sounds like a stupid accident to me and the family has hired an "ambulance chaser" for a lawyer. They ought to just let it go.
09-03-2002, 02:10 PM
#5
Senior Member
My Feedback: (6)
Join Date: Mar 2002
Location: New London,
OH
Posts: 1,237
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
It really wouldn't suprise me if there was. If there is any dirt around, you will probably find a lawyer holding it and trying to sue somebody who left it there!
09-03-2002, 03:52 PM
#6
Senior Member
Join Date: Jan 2002
Location: Garrett Park, MD USA
Posts: 142
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
Wrongful death suit against the AMA? How is the AMA liable for this incident?
What a ridiculous concept.
What a ridiculous concept.
I'm not saying the family is thinking this (I have no idea if there's even a suit), and I'm not saying that it is a reasonable way to think. I'm just pointing out that most folks in the U.S. would behave this way.
And my guess is that the AMA will settle out of court and our dues will go up to pay for it. The AMA "insurance" exists to protect *the hobby*, not any particular person or field. If someone gets killed flying a model, and is uncompensated even though the AMA boasts of a huge insurance policy, it would be very bad for the hobby. So, most likely they will settle.
09-03-2002, 04:24 PM
#7
Banned
My Feedback: (119)
Recent RC death and AMA claim
It's happened before. Remember when that kid was killed by a model in Shea Stadium? EVERYBODY paid, from the radio manufacturer, to the AMA, to the engine manufacturer...it's just the way of the world nowadays.
Still, I do wish somebody would get some facts on this particular case, it could be just a rumor.
Still, I do wish somebody would get some facts on this particular case, it could be just a rumor.
09-03-2002, 04:56 PM
#8
Hey easytiger
have you called them yet?
My guess is they will settle for 500K, which is the estimate for legal expenses to fight the suit. I think the suit is for 2 million.
THis is basically blackmail if true, it is sad that the AMA does not fight it, because unless they can get it thrown out as fivolous they will have to defend, if the plaintiffs can get someone who will carry it through.
As for what will come out of the AMA, that is why I asked here, my understanding is that most if not all of these settlements are sealed.
My guess is they will settle for 500K, which is the estimate for legal expenses to fight the suit. I think the suit is for 2 million.
THis is basically blackmail if true, it is sad that the AMA does not fight it, because unless they can get it thrown out as fivolous they will have to defend, if the plaintiffs can get someone who will carry it through.
As for what will come out of the AMA, that is why I asked here, my understanding is that most if not all of these settlements are sealed.
09-03-2002, 06:26 PM
#9
Senior Member
My Feedback: (23)
Join Date: Jan 2002
Location: Houston, TX
Posts: 3,227
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
A friend of mine and I were just talking about the topic of AMA insurance coverage. He was under the opinion that AMA insurance is a "secondary" insurer and in many instances other "primary" policies like Home Owner's insurance would pick up the tab first if it is appropriate.
Wrongful death, however, seems a little far fetched. I'm no lawyer type (thank heavens), but that would mean the defendant, AMA in this case, somehow caused this man to meet his demise. I don't think so, Tim.
Wrongful death, however, seems a little far fetched. I'm no lawyer type (thank heavens), but that would mean the defendant, AMA in this case, somehow caused this man to meet his demise. I don't think so, Tim.
09-03-2002, 07:16 PM
#10
Senior Member
Join Date: Feb 2002
Location: Austin, TX
Posts: 1,894
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
I have no problem's for AMA doing what they are supposed to do within their means of insuring these type of situations, but I do have a problem when others do not take responsibility for their own actions.
What are we coming too!!! its all about money, money, others trying to get rich in any means then can. Would a $ value relieve the pain and suffering for a loved one? maybe for some of those sick people it would, but I would be more inclined to move closer to saying no it wouldn't, either way it leads me to believe its a get rich quick scheme, or should I say scam.
Randy
What are we coming too!!! its all about money, money, others trying to get rich in any means then can. Would a $ value relieve the pain and suffering for a loved one? maybe for some of those sick people it would, but I would be more inclined to move closer to saying no it wouldn't, either way it leads me to believe its a get rich quick scheme, or should I say scam.
Randy
09-03-2002, 07:20 PM
#11
Senior Member
My Feedback: (11)
Recent RC death and AMA claim
There has long been an exclusion in the AMA insurance that might just cover this case:
• There is no coverage for the member who is in violation of the AMA NATIONAL Safety Code when the injury or damage occurs. Also, there is no liability coverage for an AMA member-to-his-own-family (Household and Relative(s) living in the member’s household) for claims or suits.
Gordon
• There is no coverage for the member who is in violation of the AMA NATIONAL Safety Code when the injury or damage occurs. Also, there is no liability coverage for an AMA member-to-his-own-family (Household and Relative(s) living in the member’s household) for claims or suits.
Gordon
09-03-2002, 09:01 PM
#13
My Feedback: (506)
Join Date: Dec 2001
Location: St. Thomas, VIRGIN ISLANDS (USA)
Posts: 2,429
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
Originally posted by Volfy
Wrongful death, however, seems a little far fetched. I'm no lawyer type (thank heavens), but that would mean the defendant, AMA in this case, somehow caused this man to meet his demise
Wrongful death, however, seems a little far fetched. I'm no lawyer type (thank heavens), but that would mean the defendant, AMA in this case, somehow caused this man to meet his demise
I just asked one of our attorneys for the precise definition of 'wrongful death.'
(I work for the VI Office of the Attorney General... this building is full of lawyers. Hell, I had to club three of them just to get to my desk this morning
)In a nutshell, wrongful death can be charged when someone's demise was due to the action or inaction of the charged party. Makes perfect sense.
Unlike this bogus lawsuit.
Following their lead, I suppose that if I drove my car into a utility pole and died my family should be able to sue AAA for wrongful death?
Buncha crap.
09-03-2002, 09:04 PM
#14
My Feedback: (12)
Join Date: Apr 2002
Location: Round Lake,
IL
Posts: 3,180
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
I just checked the website of an Arizona TV station (who ran the original story) and there is mention of the suit, probably just rumor. But this thread may have given the family an idea.
09-03-2002, 10:15 PM
#19
OK
sorry for my confusion.
While I feel terrible about the loss of a fellow modeller, I would be infuriated if we are forced to pay to settle something like this.
I am certainly not an expert in these areas, but I would think that a group that does not give in is less likely to be hit with boderline cases.
While I feel terrible about the loss of a fellow modeller, I would be infuriated if we are forced to pay to settle something like this.
I am certainly not an expert in these areas, but I would think that a group that does not give in is less likely to be hit with boderline cases.
09-03-2002, 10:22 PM
#20
Senior Member
My Feedback: (16)
Join Date: Apr 2002
Location: Locust Grove,
GA
Posts: 12,942
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
DO you have any more information about this accident?
Originally posted by EASYTIGER
It's happened before. Remember when that kid was killed by a model in Shea Stadium? EVERYBODY paid, from the radio manufacturer, to the AMA, to the engine manufacturer...it's just the way of the world nowadays.
Still, I do wish somebody would get some facts on this particular case, it could be just a rumor.
It's happened before. Remember when that kid was killed by a model in Shea Stadium? EVERYBODY paid, from the radio manufacturer, to the AMA, to the engine manufacturer...it's just the way of the world nowadays.
Still, I do wish somebody would get some facts on this particular case, it could be just a rumor.
09-03-2002, 10:38 PM
#21
Banned
My Feedback: (119)
Recent RC death and AMA claim
Sure. A guy was flying a paid demo for the halftime show of a Mets game. The guy had known vision problems, but he wanted to get paid, so he flew anyway, and lost control and hit some kid in the back of the head and killed him. And everybody paid. This was around '76 or '77.
09-04-2002, 12:33 AM
#24
Senior Member
Join Date: Dec 2001
Location: Elk Grove Village,
IL
Posts: 391
Likes: 0
Received 0 Likes
on
0 Posts
Recent RC death and AMA claim
I talked with my District VP at a scale fly-in the middle of August and he indicated that the lawsuit story was still in the rumor stage. But, he also said that in today's world dominated by lawyers that anything was possible. Regards.
09-04-2002, 03:09 AM
#25
Senior Member
Recent RC death and AMA claim
Blame and Claim is a result of an Entitleist culture like we have. Privilege and responsibility appear to mean nothing today.
BTW, flying an R/C demo in a sports stadium is stupid. The people involved with that master stroke were not acting responsibly. That's just plain negligence.
BTW, flying an R/C demo in a sports stadium is stupid. The people involved with that master stroke were not acting responsibly. That's just plain negligence.