How can you have a basis for a lawsuit without a complete and comprehensive knowledge of the actual event?

You have the complete and comprehensive knowledge now, two years later. Throwing lawsuits around just weeks after the incident is not a professional and personal characteristic I admire. I don’t believe my analysis put any feet in my mouth, as the outcome was irrelevant to the topic – rapid filing of punitive punishments. Perhaps a discussion of why such fast action is appropriate and profitable would be a good topic. I’d certainly be curious to know.

Appreciate the visit – all the best.

I guess it’s time to say “I told you so. . .?”

The probable cause, as determined by the NTSB:

…the captain’s cessation of rudder input, which was needed to maintain directional control of the airplane, about 4 seconds before the excursion, when the airplane encountered a strong and gusty crosswind that exceeded the captain’s training and experience.

There is more to add, but I’m sure you’ve read all of the NTSB findings. You can remove foot from mouth now.

Jason Gibson

However is it true that your complaint and suit does actually take the pilots to task for “negligently aborting a takeoff?” I would be very interested in WHY this detail, even if small, should be of your complaint. To WANT a pilot to continue takeoff with a possible control surface problem or other major unknown issue is simply asking for death. Plain and simple.

If the references I’ve cited in my original article are solid then I stand by my comment that I find it reprehensible to be filing suit AGAINST THE PILOTS – who should be praised for saving their lives with their quick decision making.

Thanks again for the contribution.

I’d just like to voice a couple details:

The plane was on fire before coming to a halt. I could feel the heat from inside the cabin.

The current pilots did not help with the evacuation, nor did the other crew. The captain’s spine was injured, and he crawled from the cockpit. I saw him on a stretcher in the kitchen of the firehouse where we ran to in 24 degree cold; shortly after, i saw the flight attendents huddled together in their own corner, with the exception of one young man who wandered around in shock. A nurse, bleeding from her head, directed him toward his coworkers. None of them assisted the unaccompanied minor, who was on his own during the crash and for the hours spent without direction in the firehouse.

As for my quote to the Denver Post- i was in shock, exhausted, and at the end of all my ropes. A reporter approached me on the way out of the airport (as i was trying to work through how i’d stomach the car ride to a hotel without having a nervous breakdown), and i answered his questions without thinking. That was the simplest, driest way i could describe the crash.

I guess i’d just like to ask that you get all the facts straight (regarding my first two points, i mean) before being so caustic.

Emily Pellegrini

I like your blog.

There are several things that need to be addressed.

First with regard to suing the pilots personally.
In tort law there is a doctrine known as respondeat superior. It basically means that if one is injured by an employee acting within the scope of his employment compensation may be sought against both.

Second, the timeliness of the lawsuit being filed (in that it is being filed before ‘fault’ is determined). Any good lawyer files early and often, if the statute of limitations elapses before the suit is file, no claim. If you don’t include possible causes of action, etc in your initial few pleadings, they cannot be brought up in court. You throw every possible scenario in your initial and ammended complaints and then through the discovery process elements of fact become available. This, combined with the NTSB report is how it is determined if the pilots were drinking appletinis or texting or overly tired or confronted with a mechanical problem or…or…

While the NTSB report is definitely evidence as to who is at ‘fault,’ it is ultimately up for a fact-finder (judge or jury) to decide if it was pilot error (pilot/continental) or something outside the realm of human control. The NTSB report is for the NTSB, to provide information to remedy chronic problems and ensure the air system is safe, it is not to determine fault in tort cases.

Which brings me to the next point. Common carrier (like airlines) are generally strictly liable to passengers when there is an accident. Carriers know this, they carry insurance for that purpose, it is called special-purpose wealth. Continental is no more paying for the destroyed plane as they are for the injuries suffered by any of the passengers, Lloyd’s or one of those guys is.

Yes, this attorney obviously makes his money by capitalizing off of ambulance chasing. BUT, these girls were injured and it is a shame they are going to such a scumbag, but they do deserve to be made whole.

When one purchases an airline ticket they are not consenting to being in an air crash, they are contracting a carrier to take them from point A to point B. This is exactly what Continental agreed to do as well. Instead, they were thrown into a field and set on fire, Continental and its employees violated their contract for WHATEVER reason, be it crantinis, texting, windshear, a blown tire or a wayward prairie dog (or maybe one of those creepy rabbits that hang out in the economy lots).

I appreciate the expertise you provided on the aviation side of things, this is just my take on the legal side of things.

Cheers!

Aaron

PS, sorry that last guy was such an ass.

As for “you don’t no shit because you weren’t there.”

It’s obvious I wasn’t there. I never claimed to be. HOWEVER – this lawyer is discrediting wind shear as a potential cause of the accident. His basis for is that “no other pilots experienced wind shear THAT DAY.”

It’s not arrogant or sarcastic to say that statement is 100% inaccurate, nonsensical, and completely laughable as even a partial basis for a claim. It deserves to be mocked.

Do some research on wind shear and let me know what you think of that.

Going after the pilots PERSONALLY for their decisions BEFORE a cause has even been found? It’s not pompous to say that’s just nasty and skankish behavior on the part of the lawyer and the girls

But again, let me know how you disagree regarding the facts.

Thanks for reading.

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