On December 20th a Continental 737 encountered some sort of wind or mechanical phenomenon that is yet to be fully determined by investigations.

Approaching rotation speed the aircraft experienced a sharp swerve, uncorrectable by rudder, and the pilots opted to abort the takeoff before VR – the speed at which takeoff is the only option.  The plane then went careening off the runway and into an open field.  Everyone managed to escape the plane and all survived.  (I’ll remember that next time complaining about DIA’s location far off on the empty prairie.  Open fields can serve a good purpose.)

The passengers fled the plane into the cold night, with the pilots’ help everyone exited before one side of the plane caught fire.  It was the best possible outcome in this situation. I attribute it to the pilots’ decision, the lack of structures in the path, and luck.

Less than a month later, and many months out from determining the actual cause of the crash, Houston attorney Jason Gibson took on newfound lawsuit buddies Melissa Craft and Emily Pellegrini in order to sue Continental.  They are charging the Continental pilots PERSONALLY with recklessness, and claim Continental has the knowledge but is hiding the true reasons for the crash.

Now I wasn’t in the cockpit, so who knows – maybe the pilots were texting their girlfriends and drinking Crantinis during the takeoff roll.  However I highly doubt it. There is absolutely no current evidence of pilot error or misconduct.

Here are some quotes from the stories which I found conflicting, interesting, and hilarious:

Melissa Craft and Emily Pellegrini allege in their suit that the pilot “negligently aborted” the flight shortly after it took off on Dec. 20. The eight-page complaint names Continental and pilots David Butler and Chad Levang as co-defendants. The suit does not specify how the aborted takeoff was negligent.

So it was negligent, but they can’t say how.  Should the pilots have taken off with a potential control surface problem? (FYI that’s a big one.)

Pellegrini was stuck when she couldn’t open her seatbelt as the plane caught fire. She suffered a back injury and emotional trauma in the crash.

No shit.  She was in a plane crash. It was scary.  But why not save the lawsuits until a cause is determined?

Without any experience in aeronautics, Pellegrini insists they should have taken off.   What makes that part of it interesting is Emily Pellegrini’s quote to the Denver Post a day after the crash. (Here from Fox News:)

Passenger Emily Pellegrini told The Denver Post that as the plane headed down the runway, “It was bumpy, then it was bumpier, then it wasn’t bumpy.”

It was bumpier, then it wasn’t bumpy.   This attests to her aviation knowledge, yet she wanted the pilots to continue takeoff.  Yikes.

Meanwhile their attorney Jason Gibson offers this insight:

“Continental knows what happened already,” he said. “It’s clear it was not wind shear. No other planes or pilots had any issues that day in the same position. It was pilot error, mechanical issues, or a combination of both, and either way Continental is responsible.”

It doesn’t sound like Jason knows what wind shear is if he’s comparing 1404′s experience to others on THAT DAY.  Wind shear is NOT CONSTANT.  Hence it can have a rapid and immediate effect on one aircraft, and be gone 20 seconds later.  A FULL DAY is a light year in the timeframe of wind shear. 

In checking out the Gibson Law Firm website it seems Jason Gibson is also an expert on cases of falling merchandise, dietary supplements, rare coins, and radon gas emitted by granite countertops.  So why not add wind shear to the roster of expertise?

I find it reprehensible to be filing suit AGAINST THE PILOTS that should be praised for saving their lives with their quick decision making. A suit against them involves their family, homes, and personal assets, when again – they haven’t been found at fault.

Back to their claim of “Continental hiding the truth. ”  Continental doesn’t handle the investigation, the NTSB does.  I’m sure the NTSB can go into whatever Continental file cabinets it wants to, plus they have both black boxes, aerial photos, and the entire airplane.   I don’t see this as being some sort of Erin Brockovich conspiracy in which the truth is being buried in the desert.  Or under a Houston Megachurch.   Why not find out first if it was weather, pilot error, or aircraft maintenance that caused the incident?  

How can you have a basis for a lawsuit without a complete and comprehensive knowledge of the actual event?  Its despicable.   If that’s how the legal system works I fear for the first graders at Houston’s JFK elementary school.

These girls would be well served to research cases in which planes were PAST their takeoff speed with a major problem and didn’t have the option of sledding across an open field.   Air France flight 4590 and Air Florida flight 90 come to mind.   Staying on the ground probably saved their lives, and they should be grateful. 

If compensation is sought it should be taken up with Continental for specific reasons and not generalities.  And unless proved to be in error the pilots should be left out of any lawsuits, and hopefully it will be dismissed.

References:

Fox News 12/21
Denver Post 1/12
Rocky Mountain News 1/13
Houston Chronicle 1/12
Photo from Fox News.

Caleb Cross, Denver, Colorado