Blame in the wrong place

[Fox Mike]

Suing the wrong person. The pilot is responsible for proper weight and balance. Basically he killed himself

https://www.alaskasnewssource.com/2...that-killed-former-rep-mary-peltolas-husband/

 

[Richard76]

there should be no lawsuit, you are right . Even if he didn't know exact weight of animal he should have known it was close to max and should have made 2 trips

 

[thinckley]

If he was, in fact, forced to fly recklessly and dangerously, then I could see the justification for the lawsuit. But you did lay out the defense arguments nicely ;)

 

[Fox Mike]

If he was, in fact, forced to fly recklessly and dangerously, then I could see the justification for the lawsuit. But you did lay out the defense arguments nicely ;)

He was the pilot. Any 'recklessness' was on his part. He wasn't 'forced' into anything; he made the decision to fly overweight.

 

[hittman]

Well she IS a Democrat and it’s well known those folks always looking for a free payday and a way to get their hands in your wallet.

 

[thinckley]

He was the pilot. Any 'recklessness' was on his part. He wasn't 'forced' into anything; he made the decision to fly overweight.

I am not arguing that. I am merely stating why she feels there are grounds for a lawsuit:

According to the civil suit filed in Bethel Superior Court on Friday, July 18, it alleges that the defendants Bruce Werba, and two companies under his control, Alaska Pike Safari's & Wilderness Adventures and Neitz Aviation, Inc., acted negligently by causing Peltola Jr. "to fly excessive hours, to fly without adequate sleep or rest, to fly under unreasonably dangerous conditions, and to carry an external load without the required permit."

 

[contender]

I agree with Frank. The pilot is the final authority on the flight. If he had been "told" by his boss to fly anyway,, it was HIS choice to say yes or no. Of course,, he would have been fired by his boss most likely.
If the guy who died demanded to take all of the meat, antlers & such, then he would be culpable in the overloaded flight.
If the pilot had been given any incentives (such as extra cash) to "fly anyway" then the pilot is again at fault.
And according to the article, it's common practice to hang antlers on the wing struts, BUT you are supposed to get FAA approval prior. That again, pilot error.

The fact that the aircraft was older & had gone through many maintenance changes & such,, was mentioned but not listed as the cause. Albeit they said those factors were unknown.

The owner of the company,, would only be at fault if he gave the order to fly overweight & with the antlers as they were. But the pilot should have refused to do so.

I just read the above addition about the lawsuit. Again, the pilot has the authority to refuse an order to fly due to any potential safety violations or FAA violations. It's a choice between having a job or not to many.

Kinda like our 18 wheel truckers out there. Driving overweight, falsifying log books, not getting enough rest etc. They are the driver, they choose to do it.

 

[thinckley]

This was the point I was trying to make, although the person who died was the pilot and the only person in the plane.

 

[Wyandot Jim]

Suing the wrong person. The pilot is responsible for proper weight and balance. Basically he killed himself

https://www.alaskasnewssource.com/2...that-killed-former-rep-mary-peltolas-husband/

Fox Mike is 100% correct. A Super Cub has no problem flying 117# over gross.
This tells the story in a nutshell.

The final report also stated that a pair of moose antlers were attached to the right wing strut of the plane, which likely would have led to difficulties in taking off when taking into account the excess weight and aerodynamic drag of the antlers.

Cubs have been noted for being the safest plane around. They can just barley kill you.

 

[kmoore]

This reminds me of a helicopter crash a few years ago in CA. I don't remember the Basketball stars name (Don't follow the game). News reported weather was really bad, many said the pilot shouldn't have flown but he did and killed myself and 2 passengers as I recall.
Last I heard the family of the deceased filed a lawsuit against the pilot's estate saying he should have said NO regarding flying. But I believe no one knows what was said between the pilot and passengers. Did the passengers tell pilot " You fly or we will never hire you again, you fly we will pay you double, or you fly or we will take sure your fired.
In the end it's still on the driver/captain or pilot but maybe some blame can be on others as will. Such as passengers, dispatchers, company owner besides the person transporting the plane, ship/boat, car/truck.

 

[RoninPA]

^^^^^ That was Kobe Bryant. My opinion, the pilot should have refused because of the severity of the weather on their flight path. But since all died, no one can say what the conversation was before they took off. As far as I know, the pilot ALWAYS has the final say so about taking off/flying. If the company threatened to fire him, he could have walked away and found another job (and still have been alive), I believe there are a lot of places needing experienced pilots nowadays.

 

[Jeepnik]

If he was, in fact, forced to fly recklessly and dangerously, then I could see the justification for the lawsuit. But you did lay out the defense arguments nicely ;)

How do you force a pilot to fly? Make him do it at gun point?

 

[wheelgun1958]

^^^^^ That was Kobe Bryant. My opinion, the pilot should have refused because of the severity of the weather on their flight path. But since all died, no one can say what the conversation was before they took off. As far as I know, the pilot ALWAYS has the final say so about taking off/flying. If the company threatened to fire him, he could have walked away and found another job (and still have been alive), I believe there are a lot of places needing experienced pilots nowadays.

Walk away and file a complaint with the FAA.

 

[s4s4u]

So, someone is suing the dead pilot of a flight their mate died in as well, because the plane was flying with excess baggage due to her mate's hunting success? Just trying to get a feel.....

 

[kmoore]

So, someone is suing the dead pilot of a flight their mate died in as well, because the plane was flying with excess baggage due to her mate's hunting success? Just trying to get a feel.....

I have learned some people want revenge or what's more common they see a "cash cow" and want money. Then they go on tv to say it's not about the 5 million I am asking for, it's to change the system (or some other silly reason). They still want that 5 mill.

 

[Jeepnik]

Regarding the Kobi Bryant crash. He was enroute to a heli port a few miles from his sports academy in Thousand Oaks. It was a flight he made frequently. We'll never know why, but the pilot flew below the minimums and flew into the ground. This was a flight Kobi and the pilot took often. But the marine layer clouds were very dense and low that day. The pilot should have turned back long before, but kept pushing it. Was he pressured by a superstar wanting to get to where he wanted to be, or was the pilot trying to impress the customer thus keep his business?

 

[RoninPA]

Was he pressured by a superstar wanting to get to where he wanted to be, or was the pilot trying to impress the customer thus keep his business? [Unquote]

Good question that will never get answered.

 

[Johnnu2]

Moose antlers tied to a wing..... C'mon, get real.

J.

 

[Fox Mike]

Yep. It is done often but requires a FAA authorization (which he didn't have). Actually attached to the wing strut.

 

[Johnnu2]

Ah so,.... the STRUT.... didn't catch that.

J

 

[Jim Walsh]

When I hunted moose at remote fly-in camps accessed by float planes there was a scale and everything was weighed before being loaded onto the plane, including the passengers. We understood that there would be an additional charge if more than the normal amount of flights was required. We usually had a slight up-charge because we scheduled 14 day hunts and that required a ton of food and support gear.
Moose were always flown out separately as they were taken so the meat could be processed while we were still in camp. When we left camp the plane was packed exactly as it was when we arrived as no scale was available.
Watching a float plane arrive with a couple 14 foot Lund aluminum boats was always interesting. Not the most flight worthy looking arrangement but those pilots were used to acting as the pack mules of the skies.