dagblog - Comments for "Before you board that chopper..."

lawsuits are not over til

artappraiser — Fri, 28 Aug 2020 01:31:26 +0000

In reply to Before you board that chopper...

lawsuits are not over til they are all over:

Helicopter Company in Crash That Killed Kobe Bryant and 8 Others Files Countersuit, Blames Air Traffic Controllers https://t.co/ajtMO4tDCu pic.twitter.com/Cq6eJLy5RX
— Law & Crime (@lawcrimenews) August 28, 2020

There is no issue of fact to

jollyroger — Fri, 06 Mar 2020 02:26:59 +0000

In reply to I saw that but didn't really

There is no issue of fact to deconstruct except the amount of damages.

That's what I was referring to by responding to your expressed pessimism vis-a-vis a suit for wrongful death against the charter operator.

A common carrier has strict liability, as more fully explored in the quote, which comes from CALJIC (the compendium of instructions to the jury prior to deliberation).

ETA CALJIC=California Jury Instructions, Civil.

It is cheating the Gods to

PeraclesPlease — Tue, 03 Mar 2020 23:58:06 +0000

In reply to when the guy would say the

It is cheating the Gods to avoid TBI and bone crunching contact. A bunch of ballerinas with a bouncy ball - Olympus wept. The Peliponesian Wars havee come to this?

when the guy would say the

artappraiser — Tue, 03 Mar 2020 07:03:56 +0000

In reply to I'm sure there was no

when the guy would say the thrill of victory, the agony of defeat I would always think of ancient Greek ampitheatre, tragicomedy classics, tales of the Greek gods. Unfortunately reality with games like football (American or European) too often seemed more like early Christian era Roman coliseum. Basketball tries to be more "civilized" theater, with more individualistic characters prominent too, and that sells better globally right now, thank god.

I'm sure there was no

PeraclesPlease — Tue, 03 Mar 2020 06:40:37 +0000

In reply to I saw that but didn't really

I'm sure there was no pressure from the passenger.

Anyway, I was interested in this piece on the Black Mamba name, how Bryant rechanneled his energy, and essentially became a split personality, used the condemnation to his advantage, his on-court energy. Not sure where else you can do that? An arena's such a tight, defined space.

https://www.businessinsider.com/kobe-bryant-black-mamba-nickname-2015-3

I saw that but didn't really

artappraiser — Tue, 03 Mar 2020 06:20:36 +0000

In reply to no success at winning a

I saw that but didn't really look at the details until you posted it here. Still really just glancing because I see the classic hallmarks of the ambulance chasing trade with the 27 counts and all where the actual game is to get the insurer(s) to go "wow you're gonna be a tough one, aren't you?" and sit down at the table and get to work negotiating a settlement to get as much as possible for bereaved and/or damaged client.

And then I thought, but wait there's more. Lawyers for Bryant also got this: you want to go to trial? Fine, good luck finding 12 people who aren't Kobe fans.

If it were possible for the insurers' lawyers to do that, which it's mostly likely not, I would still argue that it wouldn't be likely for plaintiff to win because from I read about this event, defendant didn't do anything negligent. They were following the laws and practice of the area, doing what police helicopters also do.

But they're not gonna go to trial, they're gonna sit down and pay big time, whittling it down only a little bit. Because they can't go to trial. Because it's a real hero that got killed.

Now you tell me if it were a publicly hated billionaire that died this way how a lawsuit like this would go.

no success at winning a

jollyroger — Tue, 03 Mar 2020 04:09:10 +0000

In reply to I just read your link. Some

no success at winning a lawsuit

902.Duty of Common Carrier Common carriers must carry passengers [or property] safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers[or property].While a common carrier does not guarantee the safety of its passengers[or property that it transports], it must use reasonable skill to provide everything necessary for safe transportation, in view of the transportation used and the practical operation of the businesshttps://www.rollingstone.com/culture/culture-news/kobe-bryant-vanessa-br...

ETA

FEBRUARY 24, 2020 4:52PM ET

Kobe Bryant’s Widow Files Wrongful Death Lawsuit Against Helicopter Company

https://www.rollingstone.com/culture/culture-news/kobe-bryant-vanessa-br...

Just buy different furniture

PeraclesPlease — Mon, 03 Feb 2020 05:22:31 +0000

In reply to P.S. I am thinking of all the

Just buy different furniture untile they get past the terrible twos and troublesome threes.

P.S. I am thinking of all the

artappraiser — Mon, 03 Feb 2020 04:21:48 +0000

In reply to I just read your link. Some

P.S. I am thinking of all the little kids I see wearing helmets while on their plastic tricycles these days. Maybe they should learn to wear the helmets in the house, too, in case they fall and hit their head on the furniture like so many do?

I just read your link. Some

artappraiser — Mon, 03 Feb 2020 04:18:29 +0000

In reply to It gets worse...

I just read your link. Some things stand out in it that means no success at winning a lawsuit, my highlighting

None of the local charter companies maintain certification that allows them to fly using instruments, said Claudia Lowry, who owns Group 3 Aviation, a charter service and flight school based at the same airport in Van Nuys as Island Express. I.F.R. certification would mean drastically increased training, equipment and insurance requirements. Even local police helicopters do not maintain it, she said.

“It’s not worth it, we don’t fly in that kind of weather anyway,” Ms. Lowry said. “And most of the time the weather is good.”

and furthermore

The helicopter left John Wayne Airport in Orange County at just after 9 a.m. Sunday on an overcast day. There, further south from the crash site, the visibility was four miles, well within visual flight conditions. But as they headed north, they encountered a lowering cloud deck and visibility down to two and a half miles. When he reached Burbank, still well short of his destination, the pilot asked for a special visual flight rules clearance that would allow him to fly at visibility less than what is normally required for visual flight, so long as the aircraft remained clear of clouds, through the controlled airspace around Burbank and Van Nuys.

Once he cleared Van Nuys and turned south and west toward Calabasas, the pilot reported that visibility was sufficient to meet the legal requirements for visual flight — but as he went on, the weather appears to have worsened.

This is not equipment and training that is normally necessary in this area if even the cops don't do it. And it obviously isn't just a matter of having the equipment alone, there are insurance costs that are much higher for some reason I don't understand.

It was an fluke of an atypical weather incident I.E. an accident. Act of god. However you put it.

Yes, there are many more expensive things one can do that most do not do to keep safe in all kinds of travel. But they are not required because it would make leaving the house so expensive that only the very wealthy could afford it.

The strange thing with this one,. though, is that there are higher insurance costs to have this feature, not lower! So the risk must be very very low. Or insurers would be giving a discount for having it, not charging more to employ it.