Widow of Austin plane crash victim sues pilot's wife

[jillian]

Damn right. Your smarts and my litigation skilz. Too bad neither one of us is licensed in Oklahoma.

pro hac vice?

You know an attorneys in OK? I don't.

you think you couldn't get local counsel out there? all you need is some young lawyer who wants a name for themsleve.

ah well.... i wouldn't have a job to come back to if i went out there for that long. bummer...

 

[CrimsonWhite]

and you know what, if she files chapter 7, she gets an automatic stay and holds them off til she's discharged.

It has to be before preliminary hearings though. That is why fast tracking is key here. If it were me defending, I would file everything, but the kitchen sink. I would smother the clerks office with paper and run to bankruptcy court.

that would be what i'd do, too. and i give great paper...

I love dirty legal talk.

 

[CrimsonWhite]

pro hac vice?

You know an attorneys in OK? I don't.

you think you couldn't get local counsel out there? all you need is some young lawyer who wants a name for themsleve.

ah well.... i wouldn't have a job to come back to if i went out there for that long. bummer...

It would be fun though. I love bitch slapping ambulance chasers.

 

[jillian]

The attorney that took this case should be disbarred. Ambulance chasing motherfuckers.

CNN) -- The widow of an Internal Revenue Service employee killed when a disgruntled taxpayer flew his plane into a seven-story building in Austin, Texas, last week is suing the pilot's wife, according to court documents.

Valerie Hunter, the wife of Vernon Hunter, is accusing Sheryl Stack, wife of Andrew Joseph "Joe" Stack III, of negligence, alleging she she knew or should have known that her husband was a threat to others and, thus, could have prevented the attack, according to the lawsuit filed Monday in Travis County District Court.

Widow of Austin plane crash victim sues pilot's wife - CNN.com

I guess I'm just having a REAL hard time understanding how this woman can hold the OTHER WIDOW responsible for what her husband did of his own volition.

I mean, IF (and that's a BIG IF), it can be proven that Mrs. Stack was aware of or in any way helped plan the kamikaze flight, then I suppose a case could be made for CRIMINAL charges, not a CIVIL SUIT for monetary relief/damages.

However, by all accounts, NO ONE who knew Mr. Stack was aware he was a threat to himself or anyone else. Apparently he hid his rage quite well. Especially from his wife and family.

Mrs. Stack has lost EVERYTHING. Her home (which he burned to the ground), her husband, his income, as well as his love, companionship and affection. Thus, I can't imagine that she knew of or helped plan this incident. There's NO gain for her....only loss. MASSIVE loss at that. She is homeless. She is widowed. She didn't do ANYTHING to hurt ANYONE, and now her life is being further destroyed.

That the victim's widow would maliciously pour whiskey and salt in the wounds of Mrs. Stack is just disgusting to me. This move on her part is SO very LOW CLASS and unworthy of her husband's memory.

That ANY attorney would take this case and pursue it with great vigor makes me sick.

I agree with the OP. The ambulance chasing mo-fo attorney should be DISBARRED for LIFE.

Her argument is going to be that the guy was a danger to himself or others and the wife knew it which is why she split with their kid the night before.

the defense is that while she might have foreseen him doing harm to her or himself, there was no way she could foresee him flying a plane into a building full of people.

 

[Modbert]

Crimson and Jillian! In public?! Really?!



For shame!

 

[jillian]

You know an attorneys in OK? I don't.

you think you couldn't get local counsel out there? all you need is some young lawyer who wants a name for themsleve.

ah well.... i wouldn't have a job to come back to if i went out there for that long. bummer...

It would be fun though. I love bitch slapping ambulance chasers.

It truly would be fun. And I'm with you on that. They make us look bad.

 

[Modbert]

it would be fun though. I love bitch slapping ambulance chasers.

 

[jillian]

Crimson and Jillian! In public?! Really?!

View attachment 9584

For shame!

 

[CrimsonWhite]

Guess I should get the state right before I go off to defend this case.

Its been a long day.

 

[xotoxi]

i hope the dead guy rots.

Most do.

 

[jillian]

i hope the dead guy rots.

Most do.

thanks, doc.

 

[jillian]

Guess I should get the state right before I go off to defend this case.

Its been a long day.

true... Austin, TX is cooler than OK anyway.

and i never even noticed the error. lol..

 

[Yurt]

this is a travesty made worse because of some over zealous lawyer and an angry and hurt widow...

there is no way this case makes it past summary judgment, thye should file a demurrer first and hope that does the job, but if the lawyer uses the same legal theory CW espoused above, most likely make it past...they should argue duty and the remoteness of the victim, unless she had specific knowledge, which of course is a MSJ question....

 

[CrimsonWhite]

this is a travesty made worse because of some over zealous lawyer and an angry and hurt widow...

there is no way this case makes it past summary judgment, thye should file a demurrer first and hope that does the job, but if the lawyer uses the same legal theory CW espoused above, most likely make it past...they should argue duty and the remoteness of the victim, unless she had specific knowledge, which of course is a MSJ question....

On the defense, I agree with you. If you can't get chapter 7 filed fast enough, then this exactly the route would take.

As for the chaser, I have no idea how to approach this case. I am a prosecutor and am used to having the burden of proof on my back. I have argue weak cases before, but this one is a doosie. I need to read this guys suit.

 

[Yurt]

this is a travesty made worse because of some over zealous lawyer and an angry and hurt widow...

there is no way this case makes it past summary judgment, thye should file a demurrer first and hope that does the job, but if the lawyer uses the same legal theory CW espoused above, most likely make it past...they should argue duty and the remoteness of the victim, unless she had specific knowledge, which of course is a MSJ question....

On the defense, I agree with you. If you can't get chapter 7 filed fast enough, then this exactly the route would take.

As for the chaser, I have no idea how to approach this case. I am a prosecutor and am used to having the burden of proof on my back. I have argue weak cases before, but this one is a doosie. I need to read this guys suit.

unless she wants to liquidate her entire estate, chapter 7 just puts off the inevitable, the SOL is tolled...and i don't believe you can discharge tort claims in bankruptcy court...

oh i was thinking of this, so unless intoxicated, never mind:

523(a)(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;

 

[JenyEliza]

The attorney that took this case should be disbarred. Ambulance chasing motherfuckers.

I guess I'm just having a REAL hard time understanding how this woman can hold the OTHER WIDOW responsible for what her husband did of his own volition.

I mean, IF (and that's a BIG IF), it can be proven that Mrs. Stack was aware of or in any way helped plan the kamikaze flight, then I suppose a case could be made for CRIMINAL charges, not a CIVIL SUIT for monetary relief/damages.

However, by all accounts, NO ONE who knew Mr. Stack was aware he was a threat to himself or anyone else. Apparently he hid his rage quite well. Especially from his wife and family.

Mrs. Stack has lost EVERYTHING. Her home (which he burned to the ground), her husband, his income, as well as his love, companionship and affection. Thus, I can't imagine that she knew of or helped plan this incident. There's NO gain for her....only loss. MASSIVE loss at that. She is homeless. She is widowed. She didn't do ANYTHING to hurt ANYONE, and now her life is being further destroyed.

That the victim's widow would maliciously pour whiskey and salt in the wounds of Mrs. Stack is just disgusting to me. This move on her part is SO very LOW CLASS and unworthy of her husband's memory.

That ANY attorney would take this case and pursue it with great vigor makes me sick.

I agree with the OP. The ambulance chasing mo-fo attorney should be DISBARRED for LIFE.

Her argument is going to be that the guy was a danger to himself or others and the wife knew it which is why she split with their kid the night before.

Yeah, I figured as much. I don't agree with it, but it does seem plausible. However....at best, the wife should/would have suspected he might harm himself.....but certainly not others, unless he'd made such threats in her presence, how would she know?

the defense is that while she might have foreseen him doing harm to her or himself, there was no way she could foresee him flying a plane into a building full of people.

....because there is just NO WAY anyone would have foreseen this man flying a plane into the IRS building. It doesn't make sense to suspect that Mrs. Stack should have foreseen his kamikaze flight.

I've been married to an angry vengeful man. He's not like this now, but toward the end of our marriage my former husband had chronic clinical depression, spells of anger and rage when he'd been drinking (which was frequently) or just whenever life wasn't spoiling him half to death like his mother and grandmother did (he's an only child).

Should I have suspected him at any time of hopping into his car and driving it into an occupied building? (he's a licenced driver, not a pilot~~his dad is though). The thought never would have occurred to me~~even at the worst of times. And there were some really *bad* times before we divorced....and for a while afterwards too.

Not in my wildest dreams would I have ever suspected him of doing something like that....and I thank God every day that he never did harm himself or others.

I'm just flabbergasted that this suit was filed in the first place. But given my past exposure to civil courts, I don't think the case will be dismissed quickly.

I suspect this suit could be a long, protracted battle that will just about finish Mrs. Stack off~~emotionally and financially~~regardless whether she wins, loses or it's dismissed outright in the end. It seems like it would be enough to send ANYONE over the edge.

 

[CrimsonWhite]

this is a travesty made worse because of some over zealous lawyer and an angry and hurt widow...

there is no way this case makes it past summary judgment, thye should file a demurrer first and hope that does the job, but if the lawyer uses the same legal theory CW espoused above, most likely make it past...they should argue duty and the remoteness of the victim, unless she had specific knowledge, which of course is a MSJ question....

On the defense, I agree with you. If you can't get chapter 7 filed fast enough, then this exactly the route would take.

As for the chaser, I have no idea how to approach this case. I am a prosecutor and am used to having the burden of proof on my back. I have argue weak cases before, but this one is a doosie. I need to read this guys suit.

unless she wants to liquidate her entire estate, chapter 7 just puts off the inevitable, the SOL is tolled...and i don't believe you can discharge tort claims in bankruptcy court...

oh i was thinking of this, so unless intoxicated, never mind:

523(a)(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;

You found it. Chapter 7 puts it off in this case. Her two largest assets(the house and the plane) are destroyed, with at least 120,000 in debt. I don't what her cash on hand is, but I would imagine that the IRS would eat that up. Chapter 7 is the first place that I would steer her. Put off the inevitable, but slow the process down to where it is manageable.

 

[Douger]

There's got to be a way to put an end to this kind of gross misuse of the legal system.

There is.
Lotsa trees and lotsa rope.
Once people start killing these bastards the problem will go away.

 

[CrusaderFrank]

Exhibit A: Why we need to institute a "Loser pays" system

 

[Yurt]

On the defense, I agree with you. If you can't get chapter 7 filed fast enough, then this exactly the route would take.

As for the chaser, I have no idea how to approach this case. I am a prosecutor and am used to having the burden of proof on my back. I have argue weak cases before, but this one is a doosie. I need to read this guys suit.

unless she wants to liquidate her entire estate, chapter 7 just puts off the inevitable, the SOL is tolled...and i don't believe you can discharge tort claims in bankruptcy court...

oh i was thinking of this, so unless intoxicated, never mind:

523(a)(9) for death or personal injury caused by the debtor’s operation of a motor vehicle, vessel, or aircraft if such operation was unlawful because the debtor was intoxicated from using alcohol, a drug, or another substance;

You found it. Chapter 7 puts it off in this case. Her two largest assets(the house and the plane) are destroyed, with at least 120,000 in debt. I don't what her cash on hand is, but I would imagine that the IRS would eat that up. Chapter 7 is the first place that I would steer her. Put off the inevitable, but slow the process down to where it is manageable.

yeah, with that much debt, ch. 7 all the way, file ASAP, stay is automatic...and i doubt the house or plane are covered under insurance due to the nature of how the destruction occurred....unless she can make the argument that she is entitled to her half of the value, i don't know texas law regarding spousal crimes and how it relates to marital property and i don't know what their insurance policy says...