Search
 

Proximity to Air Mishaps Can Prove Expensive

A horrible legal precedent may have been established in a Chicago courtroom on March 8, 2004, in the case of Canty (N5323K)/Walker (N2071L) vs. Segal (N305MM).

By William L. Hall | Updated on August 10, 2005

A horrible legal precedent may have been established in a Chicago courtroom on March 8, 2004, in the case of Canty (N5323K)/Walker (N2071L) vs. Segal (N305MM), in which the defendant, a general aviation pilot dealing with a landing gear problem, was found to have been negligent for allegedly monopolizing the Meigs Field tower frequency and distracting two pilots from their see-and-avoid responsibilities. Walker, the pilot of a Beechcraft A-36, along with two passengers, and Canty, the pilot of a Cessna C-172 with three souls on board, collided in midair on July 19,1997, killing all.

Because I am a licensed general aviation pilot, as well as an aviation insurance adjuster and investigator, I was retained by the insurer of the defendant, Marshall Segal, to be present in the courtroom and observe the progress of the jury trial. My assigned task was to assist defense counsel in pilot and aviation issues and to try to put myself in the non-aviation jurors’ seats and report each day what I, as the unofficial 13th juror, saw and heard. I had not realized before what a difficult assignment this was going to be, not only because of the long days in court coupled with late nights of writing reports. The most difficult thing was sitting quietly in the courtroom when I wanted to jump up and scream, “That’s a misrepresentation,” or, “That’s not true,” when testimony was contrary to the facts or my aviation training.

Want to continue reading?
Become a Free
PropertyCasualty360 Digital Reader.

INCLUDED IN A DIGITAL MEMBERSHIP:

  • All PropertyCasualty360.com news coverage, best practices, and in-depth analysis.
  • Educational webcasts, resources from industry leaders, and informative newsletters.
  • Other award-winning websites including BenefitsPRO.com and ThinkAdvisor.com.

Already have an account?

NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Recommended Stories

PropertyCasualty360

Join PropertyCasualty360

Don’t miss crucial news and insights you need to make informed decisions for your P&C insurance business. Join PropertyCasualty360.com now!

  • Unlimited access to PropertyCasualty360.com - your roadmap to thriving in a disrupted environment
  • Access to other award-winning ALM websites including BenefitsPRO.com, ThinkAdvisor.com and Law.com
  • Exclusive discounts on PropertyCasualty360, National Underwriter, Claims and ALM events

Already have an account? Sign In Now
Join PropertyCasualty360

Copyright © 2024 ALM Global, LLC. All Rights Reserved.