Georgia Injury Lawyer Blog

Yesterday afternoon our Canadian clients whose mother was killed in a plane crash near the Virginia-West Virginia border received good news. Their wrongful death case arising from this airplane crash was allowed to proceed by the West Virginia Supreme Court of Appeals.

As the Supreme Court summarized the background:

The appellant’s claims arise from a crash of the Mooney M20C Ranger on
March 16, 2008, in the State of Virginia, 20 miles from the border of West Virginia. Piloting the airplane was Roy Sanwalka, who possessed a Canadian private pilot’s license. This license did not include an instrument rating. The sole passenger in the airplane at the time of the crash was Margaret O’Brien, Roy Sanwalka’s girlfriend. Both Roy Sanwalka and O’Brien were killed when the airplane crashed in or near the Jefferson National Forest in Atkins, Virginia.

The pair took off from Yeager Airport. Eighteen minutes into the trip, while still over West Virginia, Roy Sanwalka contacted air traffic controllers requesting permission to drop to a lower altitude because of airframe icing on his airplane. Eleven minutes after that radio conversation, Roy Sanwalka contacted the air traffic controllers stating his airplane was going down. Shortly after that conversation the airplane in which Roy Sanwalka and O’Brien were traveling crashed in Atkins, Virginia, killing both occupants instantly.

With co-counsel Scott Segal and Mark Staun of The Segal Law Firm in Charleston, West Virginia, our firm filed a lawsuit for personal injuries and wrongful death against the pilot and his employer, the owner of the plane. Frank Tierney of the Terney Stauffer firm in Ottawa is also counsel representing our clients.

The Supreme Court agreed today that the case could proceed in Charleston, West Virginia, where the pilot's negligent acts took place that ultimately caused the plane to crash just over the Virginia border.

We are very pleased for our clients that they will have their day in court.

In 1996, the U.S. Congress passed the Aviation Disaster Family Assistance Act. A key component of this law was to prevent attorneys from contacting members of a victim’s family for at least forty-five (45) days after an airline crash. After a crash involving serious injuries or deaths, families need to be left alone to tend to family matters. They do not need to be besieged by attorneys seeking to profit upon their misfortunes. In recognition of the fact that oftentimes members of the Bar fail to adhere to the high standards of professionalism we would hope would be adhered to without this law, Congress passed this law to protect victims of these tragedies.

We read last week that a Detroit lawyer has been ordered to pay $5,000.00 to settle a Complaint against him filed by the U.S. Attorney’s Office in Michigan concerning a violation of this Act. Allegedly, the lawyer sent a solicitation lawyer from his Detroit office directly to a victim’s family within twelve (12) days of a tragic crash. The case apparently was investigated by the Inspector General’s Office for the United States Department of Transportation and resulted in the civil fine imposed on the attorney.

Unfortunately, lawyers oftentimes approach victims in hospitals right after tragedies and in other contexts where it is inappropriate to do so. Yes, clients need to be advised of their rights and yes, clients need legal advice when dealing with tragedies affecting their loved ones. But, clients do not need to be solicited directly by attorneys when they are grieving or dealing with the results of a tragic event. Clients should reach out to attorneys when they are ready to do so and they should not be besieged and bombarded by those seeking to profit from their misfortune.

Last week we told the story of a recurring tragedy--a preventable aviation accident that took the lives of all on board--in a wrongful death lawsuit we filed last week.

The story of this airplane crash is yet another disturbing example of how lives are lost when basic safety--and common sense--are disregarded.

The pilot ignored clear warnings of dangerous weather, and proceeded into conditions that he and his aircraft were not capable of handling. Experienced pilots have a term--"get-there-itis"--for foolishly disregarding dangers and plowing ahead.

The aircraft crash was unforgiving, and all on board died. As aviation crash experts weigh in on all of the preventable errors made by this pilot, the family members wonder why this preventable accident had to occur.

The fact is that this preventable plane crash did not have to occur. We know that public safety depends on learning from past tragedies like this one, so that future ones can be prevented. We are committed to that result here.

Yesterday, the National Transportation Safety Board, NTSB, requested that the Federal Aviation Administration increase inspections of certain Pratt & Whitney engines on dozens of passenger jets to detect possible flaws linked to the most catastrophic type of failure. The NTSB asked that the FAA require that PW2037 engines undergo recurring inspections for the time being once they reach a certain point in their operation.

The request affects more than 700 engines on some 300 Boeing Co 757 aircraft worldwide, including at least several dozen operated by U.S. airlines. These include Delta Air Lines Inc, United Airlines, a unit of UAL Corp, Northwest Airlines Co, and American Airlines, a unit of AMR Corp.

The NTSB action was prompted by a failure of an engine in a Delta flight during takeoff on August 6 in Las Vegas. The takeoff was aborted safely and there was no fire or injuries among the 166 passengers and crew.

The specific failure, called an uncontained failure, occurs when the engine gives out and parts are ejected through a protective covering. The parts blown through the engine can penetrate the fuselage, with catastrophic results.

In the Delta case, investigators found holes in the engine cover as well as damage to the engine turbine. The investigation also revealed missing parts and cracked turbine blades. The safety board said it has since learned of cracked parts in other PW2037 engines.

Para representar a las familias de las personas que perdieron la vida en el accidente aereo Spanair JK5022, nuestro bufete juridico esta trabajando con abogados especializados en casos de Litigacion Internacional de choques aereos, ya estan invesigando esta tragedia. Si perdimos familiars en este accidente, estos serian los abogados elegidos para representar a nuestras familias.

Para una consulta gratis, favor de enviar su correo electronico precionando aqui (haga clic aqui).

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Spanair Flight JK5022: To assist the families of persons who died in the airplane crash of Spanair Flight JK5022, our firm is working with some of the most experienced attorneys in International Air Crash Litigation, who are already investigating this tragedy. If we lost family members in a crash, these are the attorneys we would choose to represent our families.

Please contact us for a free consultation with these experienced attorneys in International Air Crash Litigation.