Passenger Sues US Airways for $10M After FAA Report Suggests Pilot Error to Blame for Crash
Mary Minor Davis January 13, 2015
A passenger who was injured during a US Airways crash in 2014 has filed a lawsuit against the airline after a preliminary FAA report shows pilot error.
A passenger who was onboard US Airways Flight 1702 last March when the aircraft crashed following an aborted takeoff at Philadelphia International Airport (PHL) is suing the airline for $10 million. According to papers filed in federal court, Frank Gabbamonte suffered permanent damage to his shoulder after jumping down the emergency slide.
“In the process of going down the chute himself, he struck his left shoulder on the ground and caused a rather severe injury,” Gabbamonte’s attorney, Jonathan Reiter, told NBC affiliate WCAU.
The lawsuit claims Gabbamonte damaged his rotator cuff and tore both cartridge and ligaments in his shoulder and biceps. Despite surgery, he has not been able to return to work hauling heavy auto parts.
Initial findings suggested that a blown tire and wind shear contributed to the crash, but a Federal Aviation Administration (FAA) preliminary report has suggested the crash was “likely” caused by pilot error. Documents obtained from the FAA note multiple pilot errors and highlight that the pilot had narcotics in his system at the time of the crash.
Gabbamonte was one of 149 passengers and five crew members evacuated from the Airbus A320 on March 13, 2014. According to the FAA’s preliminary report, pilots “failed to input departure speeds into the jet’s onboard computer and ignored audible and written warnings during takeoff.” The aircraft was 70 feet off the ground when the pilot aborted takeoff.
The National Transportation Safety Board is expected to release its final report on the incident this spring.
[Photo: WCAU]
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I was sued for $100,000 after I bumped the car in front of me at a stoplight. The claim was 3 separate rotator cuff surgeries were required, although the driver was using a jack to change a flattened tire immediately after the accident. My rental car damage was so slight the rental return people did not notice it. I think this guy is using the same lawyer and doctor. I wonder if the other pax who knew how to slide down a chute before and after this guy can provide testimony...
Assume 30 years of missed work... that's $333K a year as an auto parts hauler.. and since it's he can't do something with his arm I'm assuming he'll be lifting and not just driving a trailer. I know the 10 million is to include lawyers and medical bills, but I still believe this number is far too high and too round for a shoulder injury.
It was really his choice to go down the slide.
They probably came up with the figure by using potential earnings that Gabbamonte can get if his shoulder is not injured multiply by his expected years of working. So if he is a young person, then it could be $x times 30 years (or whatever years until retirement). Not to mention that the law firm probably will get a big chunk out of that. Plus medical expenses already paid and potential medical expenses in the future. Or maybe they just use a big figure so that US Airways can negotiate that figure down.
I would think it is a little hard to abort takeoff is you are 70 feet up in the air. It sounds more like he was trying to land on the remaining runway.