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SW 1380 one passenger dead: Uncontained engine failure and emergency landing at PHL

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SW 1380 one passenger dead: Uncontained engine failure and emergency landing at PHL

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Old Apr 23, 2018, 8:06 pm
  #316  
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Originally Posted by kennycrudup
.... and if it wasn't due to negligence, say FOD? What would be the grounds for your getting someone to pay for your "emotional trauma" then? I was on a very turbulent flight a while back and this one woman was screaming her fool head off. Should she be suing someone too, even though it was just bad turbulence and we obviously landed safely and she was unharmed?

Oh, I forgot- this is America- it'd be anyone whomever laid a hand on any part of that airframe ever; just sue down the chain 'till someone coughs it up, minus 30+% to the contingency-fee lawyer.
You are guilty of a common misunderstanding among people who don't know much about the legal system. The plaintiffs would ultimately need to show that it was Southwest's fault that they were scared. Now, it is true that sometimes a defendant, fearing that the legal expense plus the very small risk of losing, will decide to settle for an amount which is less than the forecast expenses + risk = settlement. But if they settle for $25 million, claiming that they were worried about the legal expense (which was going to be somewhere between $1 million and $5 million), they they are not being fully truthful when they say that they were "avoiding the cost of litigation." What they really mean is that they thought that their legal expense, plus the risk of being obligated to pay WAY MORE than $25 million, made it a good economic choice. And what would need to be shown to make a case worth $100 million? Presumably more than a BS case.
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Old Apr 23, 2018, 9:00 pm
  #317  
 
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The company also arranged a special flight to Dallas Tuesday night available only to Flight 1380 passengers that was staffed with a veteran crew who provided regular updates throughout the trip.

This part is really interesting to me. It makes me wonder what other airlines have done after other incidents.
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Old Apr 24, 2018, 12:37 am
  #318  
 
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Southwest should have tested engines tied to fatal flight, union says
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Old Apr 24, 2018, 5:04 am
  #319  
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Originally Posted by sbrower
What they really mean is that they thought that their legal expense, plus the risk of being obligated to pay WAY MORE than $25 million, made it a good economic choice.
Plus potentially years of hideous PR. And the embarrassment of what might come out in discovery.
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Old Apr 24, 2018, 5:44 am
  #320  
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Originally Posted by kennycrudup
.... and if it wasn't due to negligence, say FOD? What would be the grounds for your getting someone to pay for your "emotional trauma" then? I was on a very turbulent flight a while back and this one woman was screaming her fool head off. Should she be suing someone too, even though it was just bad turbulence and we obviously landed safely and she was unharmed?

Oh, I forgot- this is America- it'd be anyone whomever laid a hand on any part of that airframe ever; just sue down the chain 'till someone coughs it up, minus 30+% to the contingency-fee lawyer.
False equivalence. That was not due to a lack of preventative maintenance that could result in death.
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Old Apr 24, 2018, 11:50 am
  #321  
 
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Originally Posted by hat attack
[QUOTE]​​​​. Just like airframes, the motors have an overhaul schedule, where they’re taken off the plane and either overhauled in house or shipped to a third party MRO facility.​​​ [QUOTE]

Not Done in house or 3rd party. All SWA heavy engine maintenance is done by the engine Manufacturer (CFM/GE)
The agreement is with GE.

GE Expands TrueChoice FlightHour Agreement with Southwest Airlines CFM56-7B Engines

GE and Southwest expand TrueChoice agreement | MRO Network
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Old Apr 24, 2018, 12:01 pm
  #322  
 
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Originally Posted by LegalTender
Did some lawyer run over your dog?
Nah, but every time some lawyer smelling an easy buck to be made hits up some company I use often, and for millions of dollars over a harmless, yet --it happens mistake, I get bitten in the wallet later on.

I know this is hard for many to understand- especially here in sue-happy America- but not everything "bad" that happens to you is someone's "fault" so much you deserve money for it.

WN, as far as a airline can be, has been pretty decent to me WRT to what I need in an air carrier, and while I couldn't really care less about 'corporate image" or how much they want to bleed their hearts on TV, I don't want to see them paying out $$ they certainly don't need to because some plaintiff's lawyer thinks he can get a payout over "'emotional' trauma".

The people on 1380 were traumatized, some more profoundly than others.
... and I'm sure that's the line of bullhockey the plaintiffs' lawyers will use in their attempt to extort money from WN- and you've somewhat made my point:
Legal precedent for liability based on emotional trauma or non-serious injuries is ambiguous.
I do believe otherwise (one only needs to look at the news to see how many "'pain' and 'suffering'" payouts came because someone was merely "scared" to where such suits are a long-established thing nowadays) and "is ambiguous" to me sounds like "Eh, let's try and get a payout anyway".

None of these ambulance chasers give an airborne intercourse about "safety" or "regulation" or "enhancing air travel" ... it's all about getting their 30+% percent.
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Old Apr 24, 2018, 12:03 pm
  #323  
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Originally Posted by Ditka
If I’m not mistaken, from the articles I’ve read, the cost was 200$ and estimated at 2 hours per engine. cheap price to pay when someone’s life is on the line.
$200 sounds ridiculously low to me for that.
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Old Apr 24, 2018, 12:30 pm
  #324  
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Originally Posted by toomanybooks


$200 sounds ridiculously low to me for that.
Got to agree with that @:-)
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Old Apr 24, 2018, 1:01 pm
  #325  
 
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Originally Posted by kennycrudup
I do believe otherwise (one only needs to look at the news to see how many "'pain' and 'suffering'" payouts came because someone was merely "scared" to where such suits are a long-established thing nowadays) and "is ambiguous" to me sounds like "Eh, let's try and get a payout anyway".
How many? Does that not require injury? Or do you mean something like intentional infliction of emotional distress? I'm not a plaintiffs' lawyer, but the standard seems pretty high.

(And I'm assume you're not using the word "harmless" regarding the passenger that was killed.)
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Old Apr 24, 2018, 2:09 pm
  #326  
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https:f//www.reviewjournal.com/business/southwest-has-paid-millions-to-settle-safety-violations/
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Old Apr 24, 2018, 2:57 pm
  #327  
 
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Originally Posted by kennycrudup
Nah, but every time some lawyer smelling an easy buck to be made hits up some company I use often, and for millions of dollars over a harmless, yet --it happens mistake, I get bitten in the wallet later on.
We'll see if this is a "harmless mistake."

If it isn't, in-house lawyers will draft briefs to thwart compensation claims. The dominant aviation insurer for the four biggest airlines paid a $20.5 million fine for fraud and its CEO served 57 months in prison.

The playing field is not level. Delta's insurance lawyers calculated the compensation for passengers killed in a 1985 crash and argued that since one victim was known to be gay, he probably had AIDS and soon would have died anyway. Therefore, they explained, compensation based on expected lifetime earnings, should be less.
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Old Apr 24, 2018, 3:14 pm
  #328  
 
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Originally Posted by Ditka
If I’m not mistaken, from the articles I’ve read, the cost was 200$ and estimated at 2 hours per engine. cheap price to pay when someone’s life is on the line.
Perhaps that is the amount paid to the actual mechanics, but certainly does not take into account time out of service, costs to get the plane to the mechanic and a myriad of other costs associated with maintenance.
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Old Apr 24, 2018, 3:36 pm
  #329  
 
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Originally Posted by Ditka
If I’m not mistaken, from the articles I’ve read, the cost was 200$ and estimated at 2 hours per engine. cheap price to pay when someone’s life is on the line.
I am a machinery inspector. Yes, that is likely real close to the time and materials to have an experienced mechanic do a single inspection. I often do these on certain components: X component fails, identify all similar X's, plan and inspect all similar X's, write report, send invoice. Gravy work in my business.

Preventing future failures of a known defect is actually quite easy. What is really hard is determining all potential fatal defects and inspecting for all of them. The airlines already do this remarkably well. This incident was remarkable in part for its rarity.
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Old Apr 24, 2018, 4:32 pm
  #330  
 
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Originally Posted by InkUnderNails
I am a machinery inspector. Yes, that is likely real close to the time and materials to have an experienced mechanic do a single inspection. I often do these on certain components: X component fails, identify all similar X's, plan and inspect all similar X's, write report, send invoice. Gravy work in my business.

Preventing future failures of a known defect is actually quite easy. What is really hard is determining all potential fatal defects and inspecting for all of them. The airlines already do this remarkably well. This incident was remarkable in part for its rarity.
It is a rare instance, but striking that the last 2 CFM-56 catastrophic failures (that we know about) were on the same airline.
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