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re: Ensminger Jr. filing lawsuit for Carley McCord’s death

Posted on 5/15/20 at 11:18 pm to
Posted by Indefatigable
Member since Jan 2019
38447 posts
Posted on 5/15/20 at 11:18 pm to
quote:

But what do you do if the insurance company won’t pay what they should?


Define “should”
Posted by NIH
Member since Aug 2008
125140 posts
Posted on 5/15/20 at 11:18 pm to
See, you can’t answer because you know your general position is retarded.
Posted by Btrtigerfan
Disgruntled employee
Member since Dec 2007
24200 posts
Posted on 5/15/20 at 11:20 pm to
This is an easy case that will end with a few settlements.

The FAA investigation usually constructs an "accident chain." A series of decisions that precede the accident. Every link in the chain is a chance to prevent it.

Missed or overlooked maintenance.
Pilot fitness for duty.
Weather.
Pilot error.

He's gone get paid. No trial.

It's pretty much established that with the configuration of that aircraft combined with an engine loss at a low altitude, the single pilot was overworked.
This post was edited on 5/15/20 at 11:22 pm
Posted by Indefatigable
Member since Jan 2019
38447 posts
Posted on 5/15/20 at 11:20 pm to
My answer is that I don’t look for someone to litigate against as a default option for dealing with grief.
This post was edited on 5/15/20 at 11:27 pm
Posted by boosiebadazz
Member since Feb 2008
86467 posts
Posted on 5/15/20 at 11:20 pm to
One dollar more than they want to and one dollar less than you want to accept.
This post was edited on 5/15/20 at 11:21 pm
Posted by boosiebadazz
Member since Feb 2008
86467 posts
Posted on 5/15/20 at 11:21 pm to
My answer is you’ve never had your life upended by the negligence of another
Posted by Costanza
Member since May 2011
3275 posts
Posted on 5/15/20 at 11:22 pm to
quote:

My answer is you’ve never had your life upended by the negligence of another


This post was edited on 5/15/20 at 11:23 pm
Posted by DeafJam73
Baton Rouge
Member since Sep 2010
19122 posts
Posted on 5/15/20 at 11:22 pm to
quote:

Who could seriously argue with a widower wanting to get to the bottom of what caused the crash and IF negligence is proven, he should be allowed to seek appropriate damages.


I agree. If there was in fact negligence then I don’t hold it against him to file the lawsuit. His entire world was destroyed in just a matter of a few moments. I can’t say I blame him for seeking some sort of justice.
Posted by jcaz
Laffy
Member since Aug 2014
19463 posts
Posted on 5/15/20 at 11:24 pm to
quote:

Weather.
Pilot error.

For private operators it was legal minimums for the weather even at 1/4 mile visibility and 200 feet overcast. However, it would not be legal minimums for an airliner with far more advanced systems. I’m sure there was pressure to get enroute and get to Atlanta on time for the game. Weather wasn’t improving anytime soon that day.
Long story short: If the Boeing isn’t going, neither should I.
Posted by boosiebadazz
Member since Feb 2008
86467 posts
Posted on 5/15/20 at 11:25 pm to
quote:

I agree. If there was in fact negligence then I don’t hold it against him to file the lawsuit. His entire world was destroyed in just a matter of a few moments. I can’t say I blame him for seeking some sort of justice.


Um, but clearly you’ve not thought of the insurance company and their situation. Every dollar paid out is a dollar less they have to return to shareholders or pay out in executive bonuses. What about them?!?
This post was edited on 5/15/20 at 11:28 pm
Posted by beachdude
FL
Member since Nov 2008
6628 posts
Posted on 5/15/20 at 11:25 pm to
Why file this 5 months post accident? There’s something more going on in negotiations or there are corporate financial and insurance factors involved or competing family interests. The allegations regarding her fear of flying thereby exacerbating her pre-death conscious pain and suffering are amateurish overreach.
Posted by Indefatigable
Member since Jan 2019
38447 posts
Posted on 5/15/20 at 11:25 pm to
quote:

My answer is you’ve never had your life upended by the negligence of another


This has been shown to be the case in this instance? I mean as long as everyone feels better after then I guess it’s fine.
This post was edited on 5/15/20 at 11:29 pm
Posted by boosiebadazz
Member since Feb 2008
86467 posts
Posted on 5/15/20 at 11:26 pm to
Google the lawyer who filed it
Posted by Nado Jenkins83
Land of the Free
Member since Nov 2012
66817 posts
Posted on 5/15/20 at 11:26 pm to
quote:

Do you complain?


No because even if it's wrong it doesnt contain spit
Posted by moneyg
Member since Jun 2006
63701 posts
Posted on 5/15/20 at 11:30 pm to
quote:

Just think of the jobs would would gain if we got rid of the civil court system entirely.


You think our civil system is net positive for the state economy?
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
41936 posts
Posted on 5/15/20 at 11:30 pm to
quote:

Google the lawyer who filed it

quote:

Though his main practice is in the New Orleans office, Jonathan also works closely with attorneys in the Covington office and was featured in the Northshore’s Sophisticated Woman Magazine.


Well I'm sold.
Posted by boosiebadazz
Member since Feb 2008
86467 posts
Posted on 5/15/20 at 11:30 pm to
LINK

quote:

LAFAYETTE, La. — The company that held an insurance policy on the plane that crashed on Feu Follet Road earlier this year killing five passengers and critically wounding another is suing the owner of the plane.

Endurance American Insurance Company has filed a lawsuit against Cheyenne Partners LLC in the U.S. Federal Court Western District of Louisiana.

At the center of the lawsuit is the aircraft insurance policy that Endurance American issued to Cheyenne Partners for the period July 1, 2019 to July 1, 2020, which includes a combined Single Limit for Bodily Injury and Property Damage liability of $5 million for each person or occurrence, including crew and passengers.



I tell you what, I’ve about fricking had it with trashy arse insurance companies suing innocent entities. I think I’ll contact my legislator about this lawsuit abuse. This is blatant and reprehensible!
This post was edited on 5/15/20 at 11:33 pm
Posted by lsuwontonwrap
Member since Aug 2012
34147 posts
Posted on 5/15/20 at 11:31 pm to
quote:

I hate mental anguish and suffering BS


yeah not going to get mad at a guy who was widowed at 32. IMagine your wife dying in a plane crash. I bet you'd have mental anguish too. Dick
Posted by EA6B
TX
Member since Dec 2012
14754 posts
Posted on 5/15/20 at 11:31 pm to
quote:

feel for this man, but filing a lawsuit is not the way to go. She willingly got on that plane and it unfortunately went down.


When she got on the plane she had a reasonable expectation that the plane would safely arrive at her destination. There are no “normal” plane crashes, they are the result of pilot error, or equipment failure which is usually the result of improper maintenance, either of which is negligence, and a valid reason to seek monetary settlement.
Posted by Jake88
Member since Apr 2005
80871 posts
Posted on 5/15/20 at 11:33 pm to
quote:

 having someone negligently kill your wife
Do we know this?
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