Thread: 2009 Lawsuit
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Old January 12th 14, 05:28 PM posted to rec.aviation.soaring
Tom Kelley #711
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Default 2009 Lawsuit

On Sunday, January 12, 2014 9:03:17 AM UTC-7, Kevin Christner wrote:
On Saturday, January 11, 2014 10:31:18 PM UTC-5, wrote:

Not looking to open old wounds. One question.




Was the case against Eastern Sailplane ( Tim Donovan 2009 ASG-29 accident) successful?








Rick Lake




Tom Kelley posted a link to some court proceedings that appears to have been deleted by google groups (i.e. someone clicking "abusive post.")



Per the court proceedings I found the contentions we



1) The wing main pins were defective and were rusting (two sets)

2) The plane enters an unrecoverable spiral dive after entering a spin (problem with all ships of model)



Can any ASG-29 drivers comment?


Here is the link again. Its the 11th one down when you scroll. Also, the complete courts response...again.

The 2 points posted are from the plaintiff's case trying to get the court to even hear the case. It might be best to say its not what the court ruled on.

UH also posted its been settled.

http://www.nhbar.org/publications/ar...ue.asp?id=6374


PERSONAL JURISDICTION
3/15/12
Michael Slocum, Executor of the Estate of Timothy Donovan and Cathy Carter v. Alexander Schleicher, GmbH & Co. Segelflugzeugbau, et al.
Case No. 11-cv-317-PB, Opinion No. 2012 DNH 055

The plaintiffs brought suit against the German manufacturer of a glider and the manufacturer’s distributor in this country after Timothy Donovan was killed when the glider crashed. The distributor, located in Ohio, moved to dismiss the claims due to a lack of personal jurisdiction. The plaintiffs asserted specific personal jurisdiction based on Donovan’s residence in New Hampshire and Donovan’s dealings, from New Hampshire, with the distributor and the manufacturer. The court granted the motion, concluding that the distributor’s contacts with New Hampshire were insufficient to support specific jurisdiction for purposes of the plaintiffs’ breach of warranty and negligence claims. 10 pp. Judge Paul Barbadoro.