2009 Lawsuit

Not looking to open old wounds. One question.
Was the case against Eastern Sailplane ( Tim Donovan 2009 ASG-29 accident) successful?

Rick Lake

On Saturday, January 11, 2014 8:31:18 PM UTC-7, wrote:
Not looking to open old wounds. One question.

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



Rick Lake

Below is a copy of the court. Below that is a link which you will need to scroll down several before you get this.

Bar News - April 13, 2012.
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.

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

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

The case has been settled.
UH

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?

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.

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?

My first post I deleted because of my typing skills. #711.

Here's the accident synopsis on the NTSB website:

http://www.ntsb.gov/aviationquery/br...29X04921&key=1

And the full narrative of the synopsis:

http://www.ntsb.gov/aviationquery/br...LA318 &akey=1

The toxicology results are declared inconclusive, but depict an individual who probably should not have self-certified themself as fit to fly. The failure to recognize and recover from a spiral dive (roll first, then pull) also suggests an impaired individual.

We can argue till the cows come home how safe soaring really is, but the statistics clearly show that it is not as safe as more common activities such as driving or riding in a car. I think that we should be honest about that among ourselves, and that it should be generally understood that when we partake of this activity, we do it knowing what we are getting into.

Thanks, Bob K.

On Sunday, January 12, 2014 9:28:54 AM UTC-8, Tom Kelley #711 wrote:
...
UH also posted its been settled.

The way I read those filings, the motion to dismiss means that Murray and Eastern Sailplane are no longer part of the lawsuit. However, it appears to me from this and other filings that the case is still pending against Alexander Schleicher. Which, if true, sucks.

Thanks, Bob K.

As UH said the case has been dismissed.

Settled out of court, and parties filed for dismissal.

US District Court District of New Hampshire Case 1:11-cv-00317-PB dismissed August 9, 2013.

While utterly tragic somebody died, the claims here were just silly. I hope the (confidential) settlement was small.

Some things about this accident just don't add up.

What's with unintentional spin entries while thermaling? This pilot reported one earlier in the contest, had apparently had continuing problems with it, and of course it was what led to the accident.

I have about 1,000 hours in my ASW 27. Unintentional spin entries = 0. Unintentional stalls = 0. I keep my CG at 85% back. Even wild horsing around on the controls during normal contest thermaling -- especially at Ephrata where you're thermaling fast and tight -- doesn't produce a spin entry. Was there something mis rigged with this glider, or CG out of whack? We may never know, but many unintentional spin entries is very, very unusual in properly rigged and CG ASW gliders.

What's the business about main pins? What did main pins even remotely have to do with this accident? The complaint references something about main pins rusting and being replaced. WTF? OK, I've seen some surface rust on some main pins, but nothing that remotely comes close to a structural issue. Is there an allegation the pins came out on their own?

Without rehashing things, these seem like two potential maintenance/inspection issues that Schleicher owners ought to be aware of.

John Cochrane