Charter Jet Crash Resolved in Eight-Figure Settlement

Attorneys Bob Spohrer and Galen Bauer recently concluded a pre-suit settlement
on behalf of a Gulfcoast businessman injured in the crash of a chartered
Citation. The aircraft encountered a line of thunderstorms while flying
over the midwest. Rather than divert to an appropriate airport, the crew
cancelled their IFR flight plan and attempted a dangerous landing at an
uncontrolled airfield.
The pilots landed downwind on a wet runway that was far too short to accommodate
the turbine aircraft. After touching down the crew deployed thrust reversers
in an unsuccessful effort to slow the aircraft and then attempted to go
around – in violation of the pilot operating handbook. When the
plane overshot the run-way striking an embankment, the crew members were
killed and the two passengers seriously injured. Our client suffered significant
orthopaedic and neurological injuries. Post-crash investigation revealed
that the flying pilot had been taking medications which impair judgment
and decision making.
In pre-suit settlement conferences the legal challenge was overcoming
the one-milliondollar cap on non-economic damages which the defense argued
should apply. According to Bob Spohrer: “We were able to successfully
make a choice of laws analysis which would avoid the very unfair cap on
damages and at the same time advance a significant claim for the client's
business losses. The carrier for the charter operator made a realistic
evaluation of their exposure and a settlement in excess of ten million
dollars, present value, was reached on the second day of negotiations.”