Guest asmol Posted October 23, 2015 Posted October 23, 2015 Teenager sues pilot over ferris wheel plane crash which has left her with fear of show rides: Morgan Aeroworks Cheetah Sierra 200, 24-7634 A teenage girl who was on a ferris wheel when a light plane crashed into it is suing the festival, the council and the pilot for psychological harm saying she now has an intense fear of show-rides and has even attempted suicide. Amber Arndell, then 13, was seated with her little brother Jessie, then 9, when a Morgan Aeroworks Cheetah Sierra 200 crashed into the ferris wheel close to their gondola, at the Old Bar Beach Festival, on the mid-north coast on October 1, 2011. The children weren’t physically harmed in the freak crash but they remained trapped in their gondola for hours in the cold until they were eventually rescued by crane. The pilot Paul Cox, 54 and his 32-year-old son-in-law John Rowan amazingly survived the crash and were rescued with minor injuries. Ms. Arndell, now 18, has lodged a claim for up to $750,000 in damages in the Sydney District Court against the Old Bar Beach Festival for allowing the ferris wheel to be erected close to the airstrip where Mr. Cox was attempting to land his plane. She is also suing Greater Taree Council, for approving the event, and Mr. Cox for failing to observe and operate the plane to avoid the ferris wheel. Meanwhile, Mr. Cox is suing the council, the festival and the Old Bar Heritage Airport Management Committee, while Mr. Rowan is suing his father-in-law and the festival. Ms. Arndell’s lawyer, Justin Stack said his client was struggling to cope following the accident. “Amber has had a really hard time since the accident she suffers from depression, anxiety, has panic attacks and is struggling to get on with her life after what happened. Some sort of compensation is definitely owed to her,” he said. The Statement of Claim says the ferris wheel was set up 161m south of the center line of the airstrip, and “infringed into the obstacle clearance area for take-off and landings” as set out by the Australian Civil Aviation Authority. An investigation by the Australian Transport Safety Bureau concluded Mr. Cox was not skilled enough for the environment he was flying in. The ATSB also found that the Old Bar Beach Festival Committee was ineffective in managing the risk of aviation operation at the event. The report says since the crash the festival and airstrip committee have agreed to suspend flights during the festival. The three civil suits were adjourned until February 25 for further directions.
dazza 38 Posted October 23, 2015 Posted October 23, 2015 Jesus, Australia is getting more like America everyday. 8 1
Happyflyer Posted October 23, 2015 Posted October 23, 2015 I think they have much weirder legal cases in the US. http://thechive.com/2013/09/11/25-extremely-bizarre-court-cases-that-actually-happened-25-photos/ In this case there was actually quite a list of things that really shouldn't have happened. I feel fairly safe in the knowledge that if I can miss hitting a ferris wheel I will avoid a similar fate. 1 1 1
rhysmcc Posted October 23, 2015 Posted October 23, 2015 How does one prove depression is a result of being stuck in a Ferris wheel? I feel for all involved but a fear of show rides? 5
Gnarly Gnu Posted October 23, 2015 Posted October 23, 2015 ^ blasphemers and God haters. I fear for you. A teenage girl who was on a ferris wheel when a light plane crashed into it is suing the festival, the council and the pilot.... She is also suing Greater Taree Council, for approving the event, and Mr. Cox..... Meanwhile, Mr. Cox is suing the council, the festival and the Old Bar Heritage Airport Management Committee, while Mr. Rowan is suing his father-in-law and the festival. Sound like a merry go round. Now if one of these parties could counter-sue the girl perhaps for being on a wrongly positioned ferris wheel or something it might eventually get to the point where all these crazy law suits are dropped. All these people should instead be rejoicing with gratitude that this situation turned out with such minimal loss. 1 1
kgwilson Posted October 23, 2015 Posted October 23, 2015 While everyone is suing everyone else in this event I think I should also sue them for annoying me . I wasn't there & had no involvement whatsoever but I have just built the same type of aircraft so that in itself is justification as I am now convinced they are attracted to ferris wheels. When I opened the hangar doors the other day I'm certain my Sierra was ogling a photo of a ferris wheel gondola in a magazine before the wind blew it away. 1 3
bexrbetter Posted October 23, 2015 Posted October 23, 2015 Sound like a merry go round. . No Mate, it was a ferris wheel, try to keep up. 2
dazza 38 Posted October 23, 2015 Posted October 23, 2015 It sounds like a money grab to me. What bulldust. 3
pylon500 Posted October 23, 2015 Posted October 23, 2015 I'm surprised there hasn't been an update to the charts.......... 1 3
Downunder Posted October 23, 2015 Posted October 23, 2015 While everyone is suing everyone else in this event I think I should also sue them for annoying me . I wasn't there & had no involvement whatsoever but I have just built the same type of aircraft so that in itself is justification as I am now convinced they are attracted to ferris wheels. When I opened the hangar doors the other day I'm certain my Sierra was ogling a photo of a ferris wheel gondola in a magazine before the wind blew it away. As turbo would say," I hope you've got Ferris wheel insurance!" 1
facthunter Posted October 23, 2015 Posted October 23, 2015 I said we would be in wheel trouble when this happened. It should have been placed well out of Yahweh. Nev 2
Nobody Posted October 23, 2015 Posted October 23, 2015 I wonder if you guys would be so flippant if you realized where the money for this is coming from? If the pilot is sued and loses will the RAAUS liability insurance be paying out? What will the premium go up by so that the insurance company can recover their costs? If there are 10,000 members this would be $75 per member.
facthunter Posted October 23, 2015 Posted October 23, 2015 I don't accept your assumptions or your calculations. Nev 1
ave8rr Posted October 24, 2015 Posted October 24, 2015 Jesus, Australia is getting more like America everyday. Looks like Vans are in trouble also. Can't see how Vans are responsible for a builders mistake/s http://kitplanes2.com/blog/2015/10/vans-aircraft-sued-for-35-million-over-rv-10-crash/ Mike 1
bexrbetter Posted October 24, 2015 Posted October 24, 2015 The Vans case won't succeed, haven't previously and won't into the future, I think they mostly try it on to eventually get a 'out of court settlement' not because they are scared of losing, but just the shear cost of winning. It's incredible with their system that the Gov report into the accident that clears everybody and identifies the pilot as being the cause, can't be seen by the jury. They can however get an "Expert" in to offer an opinion on the report but the down side of that is the Jury may see that as being their biased expert which of course is a risk and just darn well not right. 1 1
Admin Posted October 24, 2015 Posted October 24, 2015 Sorry guys but I have had to step in and remove all the religious posts, religion has nothing to do with the post title and the opening post content. Please keep the posts relating to the subject matter of the thread...thanks 6 3
440032 Posted October 29, 2015 Posted October 29, 2015 Do ya think ATSB will ever release the iPhone on-board ferris wheel footage? It exists. I'm reliably informed it looked like:yikes:from both sides of the camera. 1
Yenn Posted October 29, 2015 Posted October 29, 2015 Who can I sew, I am afraid of fair ground rides. I saw a girl come of one of those chairs, held to a whirling wheel by chains. Come to think of it it is a wonder that I don't suffer from depression and all those other things. I lived through WW2, on the outskirts of London and always wondered when I went to bed if I would wake up in the morning. 1
eightyknots Posted October 31, 2015 Posted October 31, 2015 Who can I sew, I am afraid of fair ground rides. I saw a girl come of one of those chairs, held to a whirling wheel by chains. Come to think of it it is a wonder that I don't suffer from depression and all those other things. I lived through WW2, on the outskirts of London and always wondered when I went to bed if I would wake up in the morning. Sue the Germans perhaps?
eightyknots Posted October 31, 2015 Posted October 31, 2015 Teenager sues pilot over ferris wheel plane crash which has left her with fear of show rides: Morgan Aeroworks Cheetah Sierra 200, 24-7634A teenage girl who was on a ferris wheel when a light plane crashed into it is suing the festival, the council and the pilot for psychological harm saying she now has an intense fear of show-rides and has even attempted suicide. Amber Arndell, then 13, was seated with her little brother Jessie, then 9, when a Morgan Aeroworks Cheetah Sierra 200 crashed into the ferris wheel close to their gondola, at the Old Bar Beach Festival, on the mid-north coast on October 1, 2011. The children weren’t physically harmed in the freak crash but they remained trapped in their gondola for hours in the cold until they were eventually rescued by crane. The pilot Paul Cox, 54 and his 32-year-old son-in-law John Rowan amazingly survived the crash and were rescued with minor injuries. Ms. Arndell, now 18, has lodged a claim for up to $750,000 in damages in the Sydney District Court against the Old Bar Beach Festival for allowing the ferris wheel to be erected close to the airstrip where Mr. Cox was attempting to land his plane. She is also suing Greater Taree Council, for approving the event, and Mr. Cox for failing to observe and operate the plane to avoid the ferris wheel. Meanwhile, Mr. Cox is suing the council, the festival and the Old Bar Heritage Airport Management Committee, while Mr. Rowan is suing his father-in-law and the festival. Ms. Arndell’s lawyer, Justin Stack said his client was struggling to cope following the accident. “Amber has had a really hard time since the accident she suffers from depression, anxiety, has panic attacks and is struggling to get on with her life after what happened. Some sort of compensation is definitely owed to her,” he said. The Statement of Claim says the ferris wheel was set up 161m south of the center line of the airstrip, and “infringed into the obstacle clearance area for take-off and landings” as set out by the Australian Civil Aviation Authority. An investigation by the Australian Transport Safety Bureau concluded Mr. Cox was not skilled enough for the environment he was flying in. The ATSB also found that the Old Bar Beach Festival Committee was ineffective in managing the risk of aviation operation at the event. The report says since the crash the festival and airstrip committee have agreed to suspend flights during the festival. The three civil suits were adjourned until February 25 for further directions. ' And the winner will be...? The lawyers! 5
planet47 Posted October 31, 2015 Posted October 31, 2015 I believe the going rate for solicitors, lawyers etc is 60% of the outcome or around $450,000 presuming they get what they are after
winsor68 Posted November 1, 2015 Posted November 1, 2015 'And the winner will be...? The lawyers! And the winner will be The insurance companies...when we all stop them from paying up...ironically the exact thing they exist for. Bastards make billions...and then lobby to cap payouts the poor babies. $360,000 cap for injury payouts - theage.com.au Injury payouts may be capped at $250,000 - smh.com.au Applied Economics - Is injury compensation excessive? (short answer is NO) "In Australia, excessive awards in personal damage cases are widely perceived to have created a public liability crisis and cuts in valued services. This paper analyses whether awards for damages are excessive. The paper starts by setting out a normative basis for awards based on welfare economic principles and amounts that individuals are willing to pay to avoid injuries. It then provides estimates of appropriate compensation sums for 27 typical injuries ranging from broken arms to quadriplegia and severe brain damage. There follows an analysis of 192 court awards for injuries greater than $250 000 in New South Wales between 1991 and 2002, including awards for 101 traffic accidents, 64 workers compensation cases, and 27 personal injury cases. The paper concludes that these court awards are broadly consistent with economic estimates for damages and that the awards are generally not excessive."
fly_tornado Posted November 1, 2015 Posted November 1, 2015 America is the land of the multi-million dollar compensation payout not Australia.
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