X-Virus-Scanned: clean according to Sophos on Logan.com Return-Path: Sender: To: lml@lancaironline.net Date: Sun, 23 Nov 2008 09:30:14 -0500 Message-ID: X-Original-Return-Path: Received: from bay0-omc2-s32.bay0.hotmail.com ([65.54.246.168] verified) by logan.com (CommuniGate Pro SMTP 5.2.10) with ESMTP id 3311862 for lml@lancaironline.net; Fri, 21 Nov 2008 22:51:45 -0500 Received-SPF: pass receiver=logan.com; client-ip=65.54.246.168; envelope-from=joscales98@hotmail.com Received: from BAY124-DS7 ([207.46.11.162]) by bay0-omc2-s32.bay0.hotmail.com with Microsoft SMTPSVC(6.0.3790.3959); Fri, 21 Nov 2008 19:51:09 -0800 X-Originating-IP: [75.81.226.134] X-Originating-Email: [joscales98@hotmail.com] X-Original-Message-ID: X-Original-Return-Path: joscales98@hotmail.com From: "Jim Scales" X-Original-To: "Lancair Mailing List" References: Subject: Re: [LML] Any liability lawsuits X-Original-Date: Fri, 21 Nov 2008 21:51:14 -0600 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary="----=_NextPart_000_008F_01C94C23.469FBD90" X-Priority: 3 in-reply-to: X-MSMail-Priority: Normal X-Mailer: MSN 9 X-MIMEOLE: Produced By MSN MimeOLE V9.60.0053.2200 Seal-Send-Time: Fri, 21 Nov 2008 21:51:14 -0600 X-OriginalArrivalTime: 22 Nov 2008 03:51:09.0221 (UTC) FILETIME=[8DD46D50:01C94C55] This is a multi-part message in MIME format. ------=_NextPart_000_008F_01C94C23.469FBD90 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable Research the John Denver accident and see if this still holds true. Jim Scales ----- Original Message -----=20 From: Halle, John=20 To: lml@lancaironline.net=20 Sent: Friday, November 21, 2008 5:27 PM Subject: [LML] Any liability lawsuits As a practicing lawyer for the last 30 years (if I practice enough = I'll get it right) I have to jump into all of this wild speculation. =20 1. This is America. Anyone with a filing fee and the ability to = sign his name can sue anyone about anything. =20 2. The legal standard in any lawsuit over an airplane accident is = whether the defendant's negligence (if any) was the proximate cause of = the plaintiff's injury. A jury gets to decide. =20 3. I am not aware of any case in which the builder of an experimental = aircraft has been sued as a result of a crash of an airplane he sold to = the plaintiff. =20 4. You can get hit by a meteorite at any moment. Get a life. -- For archives and unsub = http://mail.lancaironline.net:81/lists/lml/List.html ------=_NextPart_000_008F_01C94C23.469FBD90 Content-Type: text/html; charset="iso-8859-1" Content-Transfer-Encoding: quoted-printable
Research the John Denver accident and see if this still holds = true.
 
Jim Scales
----- Original Message -----
Sent: Friday, November 21, 2008 = 5:27=20 PM
Subject: [LML] Any liability=20 lawsuits

As a practicing lawyer for the last 30 years (if I = practice=20 enough I'll get it right) I have to jump into all of this wild=20 speculation.
 
1.  This is America.   Anyone = with a=20 filing fee and the ability to sign his name can sue anyone about=20 anything.
 
2.  The legal standard in any lawsuit over = an=20 airplane accident is whether the defendant's negligence (if any) was = the=20 proximate cause of the plaintiff's injury.  A jury gets to=20 decide.
 
3.  I am not aware of any case in which the = builder=20 of an experimental aircraft has been sued as a result of a crash of an = airplane he sold to the plaintiff.
 
4.  You can get = hit by a=20 meteorite at any moment.  Get a life.

--
For archives = and unsub=20 http://mail= .lancaironline.net:81/lists/lml/List.html
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