Skyservice bounces a landing; lawyers say thanks

Sulako · Post by **Sulako** » Sat Jun 04, 2005 11:28 am

I know it was a harsh arrival, but suing? What is that gonna accomplish?

A $10 million judgement would mean $31,446.54 per person.

Passengers sue for violent landing

http://www.canoe.ca/NewsStand/LondonFre ... 4-sun.html

TORONTO -- Passengers on board a Skyservice Airlines Inc. charter flight who allege they were forced to dodge flying baggage and video monitors during a rough landing in the Caribbean last month have filed a $10-million class-action lawsuit against the airline.

In their statement of claim, passengers allege they were "thrown around the plane like rag dolls" in what they described as a "near-death experience" while touching down May 22 in Punta Cana, a resort destination in the Dominican Republic.

"I thought my life was over," Linda Maggisano, who was travelling with her two-month-old and two-year-old sons, said yesterday in a statement. "I was especially frightened for my infant son, who was nearly thrown from my arms."

The landing was so violent that the plane bounced off the runway three times before coming to a stop, according to the statement of claim.

The oxygen masks in the plane were released, while video monitors, baggage and metal containers were thrown around the cabin, injuring some of the 318 passengers.

The Boeing 767's fuselage was also damaged, passengers said. Amateur video released after the incident showed the aircraft with a crack in the fuselage.

Statements of claim contain allegations that have not been proven in court. Skyservice has yet to file a statement of defence against the claim, which was filed Thursday.

But in a release issued last night, Skyservice said, "The facts indicate that the Boeing 767 aircraft conducted a normal approach, but, for reasons presently unknown, the landing resulted in damage to the fuselage."

linecrew · Post by **linecrew** » Sat Jun 04, 2005 11:36 am

Near death experience? FOR F@#$SAKES!!!

It so nice for some to wallow in their own ignorance.

Snowgoose · Post by **Snowgoose** » Sat Jun 04, 2005 12:04 pm

I'm surprised that it's only 10 mil. I think you're allowed up to $75k per person according to the ICAO Agreement. It's on the back of airline tickets. Provided, of course, that you can prove negligence and loss.

Spaceship 2 · Post by **Spaceship 2** » Sat Jun 04, 2005 1:21 pm

From the smallest floatplane operators to the largest airlines, this industry is being flushed down the toilet by insurance companies, regulators in Ottawa, and passengers who think hoping on a flight should be like a bus ride. Makes me want to hurl. Now if it turns out the crew was intoxicated or something ok. Next thing we'll be getting sued cause some clear air turbulence spilled hot coffee on someone.

yycflyguy · Post by **yycflyguy** » Sat Jun 04, 2005 2:19 pm

This is the Americanization of Canadians. Soon we will be inundated with ambulance chasing lawyers filing frivial lawsuits that backup the judiciary system. Companies will look to increase their profitability by taking their competitor to court for such silliness as spying instead of through customer retention and growth through smart business decisions.

Not surprising as I saw this mentality to the Nth degree living in Florida. Nobody will accept risk, nobody will accept responsibilty for their actions especially if a dollar sign is waved in front of them. This drama queen needs a slap of reality. Truly disgusting.

bizjet_mania · Post by **bizjet_mania** » Sat Jun 04, 2005 2:41 pm

If passengers were injured, the airline should pay. The airlines responsibility is to fly its passengers to its destination safetly. And if they didn't do that they should be held accountable. I would sue too if my family got injured. Noone pays $500 for a ticket to get hurt. From the look of the airplane and the fact that oxygen masks and video monitors were released, it hit the ground pretty damn hard. Whatever excuse the pilots and SkyService has doesn't matter. People were injured and they have a right to sue.

fingersmac · Post by **fingersmac** » Sat Jun 04, 2005 3:09 pm

here are the details about the class action lawsuit.

http://www.skyserviceclassaction.com/index.html

TTail · Post by **TTail** » Sat Jun 04, 2005 3:59 pm

bizjet_mania wrote:If passengers were injured, the airline should pay. The airlines responsibility is to fly its passengers to its destination safetly. And if they didn't do that they should be held accountable. I would sue too if my family got injured. Noone pays $500 for a ticket to get hurt. From the look of the airplane and the fact that oxygen masks and video monitors were released, it hit the ground pretty damn hard. Whatever excuse the pilots and SkyService has doesn't matter. People were injured and they have a right to sue.

Ya but did anyone actually get injured??? Did you see the pics of them deplaning? Everyone looked fine and I saw no ambulances in the scene. But I guess it's the 'aftermath' injuries that occur post accident.

BTD · Post by **BTD** » Sat Jun 04, 2005 4:39 pm

People take flying on an airplane so forgranted these days. They just need to think of what actually happens each time you fly. Especially with all the variables like weather and traffic. It upsets me somewhat when people who think they know what they are talking about start talking. If i don't know something about something I shut up or state that its only my opinion.

Obviously the service that the airline is advertising and providing is on time service and safety. But people who think that thats the way it will always be need a serious lesson in life.

Sucks for Skysevice.

R1830 · Post by **R1830** » Sat Jun 04, 2005 4:48 pm

The times we're in..... some day we're going to see people sueing every time there is a missed approach cause it's scary.

As posted above people appeared to be coming off ok, but some lawyer waved a promise of a bunch of dollars at someone so they decided that they should get...ahem...properly compensated....

Lawyers and the way they act can be horrible.

That said if people were injured they do deserve fair and reasonable compensation.

Sasktel · Post by **Sasktel** » Sat Jun 04, 2005 4:59 pm

I wonder how many passengers that were so upset by the near death experience cancelled their vacation and immediately flew back to Canada. It will be interesting to see how many passengers show up in court with a tan!

aero-singidunum · Post by **aero-singidunum** » Sat Jun 04, 2005 6:46 pm

Might be funny for all of us in aviation, but for regular public who save that money over a year to get that vacation might be "Thanks God we survive" and for some of them is oportunity to get money with lawyers.
It is Lawyers brothehood that have commercials on TV consultation are free, will work for 25-30% of what you get on court.
And at the end what if was a human factor bounce, then they can ask more?

Main Gear · Post by **Main Gear** » Sat Jun 04, 2005 6:57 pm

Stupid ambulance chasers, this is why insurance rates in general are high.

S**T happens. Nothing is full proof.

But this is coming from a pilot.

BusDriver · Post by **BusDriver** » Sat Jun 04, 2005 6:59 pm

Aero, what are you trying to say?

You think they deserve a large settlement?
Personally, I don't believe this will stand in court, I read the lawsuit claims, and some of it is so far fetched that the judge will throw it out. The pax. should have accepted the vouchers, the ones that were ACTUALLY injured deserve compensation, that's it.

Inverted2 · Post by **Inverted2** » Sat Jun 04, 2005 8:15 pm

Gotta love those greasy lawyer commercials. I was watching some good ol Jerry Springer the other day on a layover and there were lawyer ads on every commercial break!

ie: Have you been bitten by a dog? Sue your doctor etc.....It's terrible. I liked it when it was just the Americans

golden hawk · Post by **golden hawk** » Sat Jun 04, 2005 8:50 pm

LJDriver wrote:
Ya but did anyone actually get injured??? Did you see the pics of them deplaning? Everyone looked fine and I saw no ambulances in the scene. But I guess it's the 'aftermath' injuries that occur post accident.

They call it "Mental Anguish".

b767jetmec · Post by **b767jetmec** » Sat Jun 04, 2005 8:58 pm

One of my co-workers happened to be on that flight with his wife. He is an AME with another Canadian Airline. By his accounts, yes the landing was harsh, some overhead bins and O2 masks did open and deploy. The mood was generally calm, until one of the passengers thought, hey wait a minute, we can sue and get large coin. This was done in the terminal area . Everyone walked out by themselves, and no one complained about pain or injury until one dumbass decided lets all get together and sue Skyservice. Now my co-worker claims that he has been getting nothing but calls from Skyservice and their lawyers along with the group action lawyers. He was originally offered $500 to forgive and forget, along with the reimbursement of the cost of the trip. He has now heard, though unofficially, that the offer now stands at 5 Grand. He has yet to confirm this with company lawyers.

As for the 2 pilots...they have been sent out to pasture, both fired!

Spaceship 2 · Post by **Spaceship 2** » Sat Jun 04, 2005 8:59 pm

Isn't there some sort of waiver that passengers should be made to sign?

Something along the lines of...

"This flight will most certainly go without a hitch, however I the undersigned recognize the inherent risks in aviation including but not limited to blah blah blah etc. Should I get scared for some reason or if things get bumpy then I understand this can occasionally also be part of aviation, no matter how diligently the crew strives to minimize the stress of us passengers. I waive all legal rights to file for monetary damages unless the crew can be shown to have been grossly negligent"

I don't know...I guess we would need a bloody lawyer to work the thing out.

This whole thing just aggravates me when this industry is having a hard enough time staying on it's feet.

[/b]

northpilot54 · Post by **northpilot54** » Sat Jun 04, 2005 9:06 pm

10 million, you think that is bad...how about $21 million...that is what my old skydiving company is getting sued for.. 10 mill direct compensaton .....10 million punitive...and 1 million for suffering of the wife......and this was just a 182.

TTail · Post by **TTail** » Sat Jun 04, 2005 9:31 pm

What company is this? Canadian Skydive Ranch perhaps???

ice ice baby · Post by **ice ice baby** » Sat Jun 04, 2005 9:39 pm

I too read the statement of claim here. I really wonder if things such as loss of sleep are not caused by her young children, or anything else (stress etc.) in her life.......

.....now back to hijacking this thread, a bit of elaboration with regards to the skydiving accident (or incident?) would interest us all.

peeelot · Post by **peeelot** » Sat Jun 04, 2005 10:20 pm

bizjet_mania...... Well how can I reply to your post..... Well my parents always said if you have nothing nice to say then don't say anything at all But......... I have to say a couple of things. First of all you are not a pilot because if you were a pilot you would know that sometimes we encounter changing winds close to the ground ( at least I have) for example I was on approach to city centre airport in Toronto and at 20 feet the wind changed and I lost 15 kts. What resulted from this? WEll my butt was pretty tender for about a week. there was nothing I could do it happened sooo fast. So I guess I should sue the flight school Because they gave me an airplane that would stall below the stall speed? Second the people who are presenting the case well I don't need to say anything because they will dig their own hole. As you can read you have not only upset me with your post but most other people on this forum you should not have posted until you have the facts that it was the airlines fault. So next time do us all one thing.... Don't post because since I know you are not a pilot when it comes to somthing about a pilot you have no idea and we don't want to hear what you think because I have lost all of my respect for your opinion.

Thank you

aero-singidunum · Post by **aero-singidunum** » Sat Jun 04, 2005 11:04 pm

Fluckmachine wrote:Aero, what are you trying to say? You think they deserve a large settlement?
Personally, I don't believe this will stand in court, I read the lawsuit claims, and some of it is so far fetched that the judge will throw it out. The pax. should have accepted the vouchers, the ones that were ACTUALLY injured deserve compensation, that's it.

No, i do not think they deserve a large settlement, but a better treatment by SkyService for sure. One you get name by customers that you are not looking for pax you are loosing on long run.
Lawyers from Skyservice should advice Company at that time, who ever is not feeling good will fly you back to TO, or will fly best doctors from TO to check you all, anything. At that time they will minimize possibility for this shit.
Yap, we are getting Americanized, will sue everybody for anything....

ice ice baby · Post by **ice ice baby** » Sat Jun 04, 2005 11:10 pm

as peelot enlightened us with

bizjet_mania...... Well how can I reply to your post..... Well my parents always said if you have nothing nice to say then don't say anything at all But......... I have to say a couple of things. First of all you are not a pilot........

sounds like someone just decided to vent all his (or her) frustration here on avcanada since this is closest thing to Jerry Springer in canadian aviation.

ROUND 1 and it looks like peelot has taken an early lead over bizjet_mania.

Now on the flying side of things peelot I'm sure this very hard landing of yours will help make you a better pilot. Yes the wind can change very rapidly

(in some places you will find wind shear mentioned in the CFS,) but when I was at or below your level flying experience I managed (due to a quick wind shift

and unforseen circumstances) to land EXTREMELY SMOOTHLY

with well over twice the max demonstrated tailwind component. Now with a tailwind of over 1/3 the stall speed I had a very fast and long roll out. Gotta love good brakes

costermonger · Post by **costermonger** » Sat Jun 04, 2005 11:56 pm

bizjet_mania wrote:If passengers were injured, the airline should pay.

Agreed, but $31k per person for an incident every single person walked away from? Gimme a break.

Here's a little except from the Statement of Claim. The plaintiff accuses Skyservice of negligence in the following areas:

a) It failed to properly maintain the aircraft
b) It failed to perform adequate safety checks of the aircraft prior to take-off
c) It failed to hire sufficient numbers of competently trained personnel to maintain the aircraft
d) If failed to hire competently trained pilots to operate the aircraft
e) It failed to employ competent personnel for the maintenance and handling of the aircraft and for the proper treatment of passengers
f) It failed to properly train its flight crew to deal with an emergency and to comfort the passengers in the face of crisis

As a result of this accused negligence, the plaintiff goes on to list damages incurred. They are:

a) soft tissue injuries
b) bruising
c) abrasions
d) sprains and fractures
e) nervous shock
f) emotional distress

Now, in my not-so-expert legal opinion, the negligence part of this suit was obviously not written by anybody who knows more about aircraft than they're those shiny things that take people places.

I have a hard time believing that having the shit scared out of you entitles you to $31K, especially when the most serious injury was an apparent sprain.