Magana Cathcart & McCarthy

William H. Wimsatt Cases of Note

Baker v. Cessna
Crash of a Cessna 180 overflying a mining area. Failure to warn of fuel unporting and no crash-worthiness due to the lack a rear seat shoulder harness. Verdict in favor of plaintiff and a recovery in excess of $2.5 million.

Bogda v. USA
Crash of a Mooney 2 3 1 that stalled while adequate air traffic control services. Verdict for plaintiff and recovery in excess of $1 million.

Campbell v. Piper Aircraft, et al
Crashworthiness case against the manufacturer of an inertia reel in the Malibu airplane for failure to safety restrain the right front seat occupant during a survivable accident, Recovery for plaintiff, $1.5 million.

Carter v. Bell Helicopter, et al
Crash of a Bell Jet Ranger 206BIIIHelicopter, Loss of tail rotor effectiveness (LTE), cargo-hook load hang-up and non-crash-worthy fuel cell. Multi million dollar recovery for plaintiff.

Chi, et al v. China Eastern Airlines & McDonnell Douglas
Inflight upset of an MD-11 at 33,000ft. at Mach .82 while en route from Shanghai to Los Angeles. Case proceeded against the airline under the Warsaw Convention against the airplane manufacturer for product liability of the wing leading edge slat control system. Appointed by Court as Lead Counsel. Plaintiffs recovery exceeded $15 million.

Davis v. San Diego Gas & Electric
Crash of a Bell UH-1H helicopter due to a wire strike into utility’s 500 kv transmission line. Failure to mark of light the wires and support towers. Recovery for plaintiffs.

Kahn v. Pacific Gas &Electric
Crash of a Jet Ranger into an electric power transmission line tower adjacent to a highway at night while flying under a low overcast. Settlement for plaintiff.

Meunster v. Pan Am Airline
Crash in Pago Pago, American Samoa. Recovery for plaintiff.

Powell v. San Diego Gas & Electric
Crash of a Hughes 300 helicopter from a wire strike into utility’s 230 kv transmission line. Failure to notify the FAA and mark wires. Verdict for plaintiff in excess of $1.3 million.

Prioleau, et al v. Textron-Lycoming, Civic Helicopters, et al
Helicopter crash from loss of power in-flight due to sticking #3 & #4 cylinder exhaust valves. Vertical descent. Causing injury to the passenger and death of pilot when his upper torso restraint strap failed. Recovery for plaintiffs, $1.925 million

Richer V. Bahan
accident at Mammoth Mountain, it was brought against former attorney when underlying case was dismissed for his failure to prosecute. Recovery of $1.7 million.

Richmond v. Beech  Aircraft Corporation
Case involved crash of  a Beech Bonanza. Uncrashworthy pilot’s seat. Verdict over $3.45 million for plaintiff.

Scully v. So. California Edison
Crash of an A-Star helicopter due to a wire strike into utility’s 66 kv transmission line. Failure to place spherical markers on the wires. Verdict for plaintiff of $4.8 million.

Sexton v. Learjet, Inc.
Crash of a Learjet Model 35A due to an in-flight fire in the “hell-hole” of the aft fuselage area between the two engines. Failure to provide fire detection/warning and suppression in the aft tailcone area due to fight proximity of many ignition and flammable fluid sources from the electrical system, bleed air system, fuel system and hydraulic system. Recovery for plaintiffs, $3 million.

Shaner v. Masoner
Drunk driver smashed into a home killing a child. Recovery of $1.3 million. Recovery of $1.1 million.

Swingley v. Korean Airlines, et al
Presently serving on the Plaintiffs Steering Committee. KAL 747 aircraft on Agaña, Guam. Settlements include cases for $3.75 million, $3.63 million and two for $1.1 million.

Thompson v. Aeromar
Crash of DC -8 cargo plane when aircraft was misloaded, causing extreme nose-high pitch-up on takeoff. Recovery in excess of $2.9 million.

White, et al v. Beech
Crash of a Beech Baron during takeoff. Design induced pilot error of the controls. Recovery in excess of $1 million.

Wright v. Allison Gas Turbine Div., General Motor Corp.
Crash of a Hughes/McDonnell Douglas 500D helicopter due to engine flame out. Contamination of the pneumatic part of the fuel Control System from inadequate maintenance instructions. Verdict for plaintiff in excess of $1.5 million

Bazzano v. North American Rockwell
Crash of an Aero Commander 680 in inclement weather condition. Prosecuted against Collins Instruments, a division of North American Rockwell, for a detective flight director, resulting in recovery for plaintiff.

Berger v. State of Alaska
Crash of Fairchild F-27 during approach. Prosecuted against State of Alaska for improper and inadequate airport design, resulting in recovery for plaintiff.

Swanson v. Cessna & Mercury Aviation
Crash of Cessna 402 from an in-flight fire. Prosecuted against manufacturer and maintainer for failed exhaust system, resulting in verdict and recovery for plaintiffs.

Tracy v. Gates Learjet Corp.
Crash of Learjet 23 during takeoff. Prosecuted against Learjet for dangerous stall characteristics and inadequate stall warning, resulting in recovery for plaintiff.

Vinson v. Piper
Crash of piper Apache during takeoff. Prosecuted against Piper for defectively designed fuel system because fuel drain not at low point in system, resulting in recovery for plaintiff

Heggerston v. Ketchikan Air Service & Cessna Aircraft Co.
Crash of Cessna 175A Float plane during attempted precautionary landing. Prosecuted against failure to provideinertia reel in shoulder harness design, resulting in recovery for plaintiff.

Huffman, et al v. Gates Learjet Corp.
Crash of a Learjet 23 during approach to land. Prosecuted against Learjet for a split-spoiler in the landing configuration, resulting in recovery for plaintiff.

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