Lawsuit filed against AMA
06-10-2011, 07:15 AM
#1
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Lawsuit filed against AMA
The suit says Miller "did not have much experience" in flying model planes, and that the AMA "was negligent when it allowed Mr. Miler to fly his aircraft near spectators."
http://www.thestarpress.com/article/...yssey=obinsite
http://www.thestarpress.com/article/...yssey=obinsite
06-10-2011, 07:30 AM
#2
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RE: Lawsuit filed against AMA
"was a spectator at a "soaring" contest " , "the loss of his wife's services and consortium."
So she was stuck in the shoulder by a glider and now can never have sex again?
"It alleges Meek fell onto another model plane when she fell."
So she was in the pits area not the spectator area?
""failing to use due care in the operation of his aircraft and by losing control" of the plane."
So if we have a Fail Safe lock out we can be accused of negligence?
So she was stuck in the shoulder by a glider and now can never have sex again?
"It alleges Meek fell onto another model plane when she fell."
So she was in the pits area not the spectator area?
""failing to use due care in the operation of his aircraft and by losing control" of the plane."
So if we have a Fail Safe lock out we can be accused of negligence?
06-10-2011, 07:56 AM
#4
RE: Lawsuit filed against AMA
ROFL! I would be shocked if any court would award damages. This seems too much like a couple looking for "easy cash".........
FB
06-10-2011, 07:58 AM
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RE: Lawsuit filed against AMA
ORIGINAL: Free Bird
While I agree with your thoughts, don't under estimate what a court will or will not do. Remember the infamous McDonald's hot coffee spill and the large settlement. The woman was holding a hot cup of coffee between her legs while driving and the court found fault with McDonalds. What a crock.
FB
ROFL! I would be shocked if any court would award damages. This seems too much like a couple looking for ''easy cash''.........
FB
06-10-2011, 08:01 AM
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RE: Lawsuit filed against AMA
There has not been any mention of this in the soaring forums. It is interesting that she is suing AMA and not the pilot. I doubt it will get tossed, but I will be surprised if it gets to trail. Unless there were actual physical injuries documented by a medical professional the loss of spousal attention is a tough sell.
06-10-2011, 08:05 AM
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RE: Lawsuit filed against AMA
Why do we have insurance, to pay for stuff like this happening?
How much insurance will be paid?
Oh, the court has to say that, and then our insurance pays it (~$250k SelfInsured).
So, the system we want her to use
is to just have our insurance pay it,
and the 'it' is liability that has to be determined by the court,
so why is anyone surprised that the lady is doing what we want and expect folks to do?
How exactly does anyone here think our insurance will pay that liability
without a visit to the court system?
How much insurance will be paid?
Oh, the court has to say that, and then our insurance pays it (~$250k SelfInsured).
So, the system we want her to use
is to just have our insurance pay it,
and the 'it' is liability that has to be determined by the court,
so why is anyone surprised that the lady is doing what we want and expect folks to do?
How exactly does anyone here think our insurance will pay that liability
without a visit to the court system?
06-10-2011, 08:09 AM
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RE: Lawsuit filed against AMA
Yeah I have zero faith in the courts.
A kid threw a coke bottle at a city bus' windshield. The bottle bounced off the windshield and hit the kid in the head putting him in the hospital. Family sued the bus company and the jury made them pay the kids hospital bills.
A kid threw a coke bottle at a city bus' windshield. The bottle bounced off the windshield and hit the kid in the head putting him in the hospital. Family sued the bus company and the jury made them pay the kids hospital bills.
06-10-2011, 08:31 AM
#10
RE: Lawsuit filed against AMA
There has not been any mention of this in the soaring forums. It is interesting that she is suing AMA and not the pilot. I doubt it will get tossed, but I will be surprised if it gets to trail. Unless there were actual physical injuries documented by a medical professional the loss of spousal attention is a tough sell.
FB
06-10-2011, 08:46 AM
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RE: Lawsuit filed against AMA
Robin Meek, who is filing the law suit, is or was a modeler. He can be seen in a picture of the 2008 Soaring Nats wearing a jacket with Leage of Silent Flight patch. He obviously should be aware of the hazards involved. I bet he will be real welcome at any other AMA sanctioned events in the country. I hope his settlement is worth what it is going to cost his modeling activity.
06-10-2011, 09:02 AM
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RE: Lawsuit filed against AMA
ORIGINAL: Free Bird
While I agree with your thoughts, don't under estimate what a court will or will not do. Remember the infamous McDonald's hot coffee spill and the large settlement. The woman was holding a hot cup of coffee between her legs while driving and the court found fault with McDonalds. What a crock.
FB
ROFL! I would be shocked if any court would award damages. This seems too much like a couple looking for ''easy cash''.........
FB
Did you say crock...or crotch?
06-10-2011, 09:46 AM
#15
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RE: Lawsuit filed against AMA
ORIGINAL: AmishWarlord
''was a spectator at a ''soaring'' contest '' , ''the loss of his wife's services and consortium.''
So she was stuck in the shoulder by a glider and now can never have sex again?
''It alleges Meek fell onto another model plane when she fell.''
So she was in the pits area not the spectator area?
''''failing to use due care in the operation of his aircraft and by losing control'' of the plane.''
So if we have a Fail Safe lock out we can be accused of negligence?
''was a spectator at a ''soaring'' contest '' , ''the loss of his wife's services and consortium.''
So she was stuck in the shoulder by a glider and now can never have sex again?
''It alleges Meek fell onto another model plane when she fell.''
So she was in the pits area not the spectator area?
''''failing to use due care in the operation of his aircraft and by losing control'' of the plane.''
So if we have a Fail Safe lock out we can be accused of negligence?
I would think that this lawyers previous affiliation with the AMA would have caused him to recuse himself from the case, but I guess you go after the deepest pockets you can find, and he is "hometown" boy, sort of like a lawyer hanging out at the ambulance station or ER handing out cards.
06-10-2011, 09:51 AM
#16
RE: Lawsuit filed against AMA
Remember the infamous McDonald's hot coffee spill and the large settlement.
06-10-2011, 09:59 AM
#17
RE: Lawsuit filed against AMA
How exactly does anyone here think our insurance will pay that liability without a visit to the court system?
06-10-2011, 10:01 AM
#18
RE: Lawsuit filed against AMA
ORIGINAL: KidEpoxy
Dont worry.
When I'm become King Of America theres gonna be some serious changes [8D]
Yeah I have zero faith in the courts.
When I'm become King Of America theres gonna be some serious changes [8D]
I thought we already had King O.
06-10-2011, 10:04 AM
#19
RE: Lawsuit filed against AMA
You would maybe NOT expect the landowner to be named in a lawsuit?
06-10-2011, 10:24 AM
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RE: Lawsuit filed against AMA
ORIGINAL: Sport_Pilot
Bad example, many claim that was a valid suit. The woman required skin grafts. The woman was not driving, her husband pulled over and she pulled to top off which was stubborn and popped off spilling most of the contents in her lap. IMO not worth the award she got, but worthy of a lesser award.
Remember the infamous McDonald's hot coffee spill and the large settlement.
Stella Liebeck of Albuquerque, New Mexico, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in February 1992. Liebeck, 79 at the time, ordered coffee that was served in a styrofoam cup at the drivethrough window of a local McDonalds.
After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.
During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.
McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.
http://www.lectlaw.com/files/cur78.htm
After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Liebeck was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap.
The sweatpants Liebeck was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Liebeck suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Liebeck, who also underwent debridement treatments, sought to settle her claim for $20,000, but McDonalds refused.
During discovery, McDonalds produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1992. Some claims involved third-degree burns substantially similar to Liebecks. This history documented McDonalds' knowledge about the extent and nature of this hazard.
McDonalds also said during discovery that, based on a consultants advice, it held its coffee at between 180 and 190 degrees fahrenheit to maintain optimum taste. He admitted that he had not evaluated the safety ramifications at this temperature. Other establishments sell coffee at substantially lower temperatures, and coffee served at home is generally 135 to 140 degrees.
http://www.lectlaw.com/files/cur78.htm
06-10-2011, 10:27 AM
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RE: Lawsuit filed against AMA
I am not clear on how it works when you sue a member and the AMA itself. Seems like it is the same policy. Perhaps the AMA itself has separate coverage.
06-10-2011, 11:03 AM
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RE: Lawsuit filed against AMA
ORIGINAL: Silent-AV8R
I am not clear on how it works when you sue a member and the AMA itself. Seems like it is the same policy. Perhaps the AMA itself has separate coverage.
I am not clear on how it works when you sue a member and the AMA itself. Seems like it is the same policy. Perhaps the AMA itself has separate coverage.
Remember, the individual Member that is being sued is not covered at all by AMA insurance until an claim/award exceeds his personal coverage.
06-10-2011, 11:16 AM
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RE: Lawsuit filed against AMA
A couple of observations;
[ul]
[1] The article is very vague. There is no description of what the injuries were other than saying it involved the arm/shoulder. I could see a broken bone, dislocation, or tendon damage being possible (stranger things have happened).
[2] I can't wait to see the explanation of this; ''the loss of his wife's services and consortium.''
[3] The comments on the page with article are not very supportive of the plaintiffs.
[/ul]
[ul]
[1] The article is very vague. There is no description of what the injuries were other than saying it involved the arm/shoulder. I could see a broken bone, dislocation, or tendon damage being possible (stranger things have happened).
[2] I can't wait to see the explanation of this; ''the loss of his wife's services and consortium.''
[3] The comments on the page with article are not very supportive of the plaintiffs.
[/ul]
06-10-2011, 11:47 AM
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RE: Lawsuit filed against AMA
ORIGINAL: P-51B
Remember, the individual Member that is being sued is not covered at all by AMA insurance until an claim/award exceeds his personal coverage.
ORIGINAL: Silent-AV8R
I am not clear on how it works when you sue a member and the AMA itself. Seems like it is the same policy. Perhaps the AMA itself has separate coverage.
I am not clear on how it works when you sue a member and the AMA itself. Seems like it is the same policy. Perhaps the AMA itself has separate coverage.
Remember, the individual Member that is being sued is not covered at all by AMA insurance until an claim/award exceeds his personal coverage.
And a follow on to your other post, I find it interesting that they do not seem to be suing for medical damages or pain and suffering, etc. Very strange. Although I did hear that there were considerable medical expenses. Probably being done to light a fire under the insurance companies!!