Walt K. Weissman, et al. v. Lawrence Harvey, et al.
Published: May 20, 1995 | Result Date: Mar. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: SV933161 – $1,503,120
Judge
Court
El Dorado Superior
Attorneys
Plaintiff
Defendant
Facts
On August 22, 1992, a TBM-700, turbine-powered aircraft crashed while attempting to land at the South Lake Tahoe Airport. Plaintiff Walt K. Weissman, of Carmel, owned the aircraft. His then friend, Defendant Larry Harvey of Rancho Palos Verdes, was handling the primary flight controls, the control yoke and rudder pedals from the left seat at the time of the crash. The 2 men had known each other for several years and shared many common interests, one of which was flying. Both owned single-engine, high performance airplanes and frequently discussed their ongoing development as pilots. Weissman had ordered the TBM-700 approximately 2 years before; however, because the plane was a new and foreign design, he did not accept delivery until early August of 1992, after the aircraft was certified by the FAA for sale in the United States. Defendant Harvey expressed great interest in Weissman's new aircraft and allegedly asked to fly it. Harvey arranged with Weissman to fly the TBM-700 that Saturday afternoon, since he planned to be in the Carmel area to display one of his antique cars at the annual Concours D'Elegance at Pebble Beach. The 2 men agreed to fly to South Lake Tahoe and back. At his request, Harvey occupied the left seat; Weissman sat in the right; and a third party, Mark Feldberg, accompanied them as a passenger in the 6-seat aircraft. The flight to South Lake Tahoe proceeded uneventfully until Harvey attempted to execute the landing in a cross-wind. As the left-seat pilot, Harvey handled everything but the throttle satisfactorily up to that point. Approximately 25 feet to 50 feet over the South Lake Tahoe runway, he suddenly lost control of the aircraft, causing the plane to slam into the runway and bounce back into the air. After the bounce, Plaintiff alleged that Harvey froze on the flight controls, prohibiting Weissman from controlling the imminent stall by application of power. No one was seriously injured; however, Weissman's aircraft was completely destroyed. Initially, while at the airport, Harvey acknowledged to the South Lake Tahoe police and to the FAA that he was flying the aircraft. He also allegedly apologized for having caused the accident and allegedly offered to compensate Weissman for the lost value of the aircraft. Within 36 hours after the accident, Defendant allegedly had a change of heart.
Settlement Discussions
Plaintiff contends his early demand was a 998 in the amount of $990,000 and Harvey offered a 998 of $150,000.
Damages
$1,000,000 "plus" for the TBM-700 aircraft; and negligent misrepresentation damages.
Deliberation
7.5 hours
Poll
11-1, 10-2, 12-0
Length
8 weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390