---------------------------------------------------------- Homebuilt-List Digest Archive --- Total Messages Posted Sat 07/09/05: 5 ---------------------------------------------------------- Today's Message Index: ---------------------- 1. 01:05 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (gary) 2. 04:01 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (John Loram) 3. 05:26 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (Joe Healy) 4. 06:52 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (Eric Ruttan) 5. 09:40 PM - Re: Re: Zodiac 601HDS with Subaru EA81 (rueffy@jetthrust.com) ________________________________ Message 1 _____________________________________ Time: 01:05:31 PM PST US From: "gary" Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81 --> Homebuilt-List message posted by: "gary" > No homebuilt amature aircraft manufacture has ever been SUED, never mind > lost. - what about Wayne Ison of TEAM aircraft? dozens of UL companies and lots of certified airplane and accessory companies too. not sure about individuals selling homebuilts. gary ________________________________ Message 2 _____________________________________ Time: 04:01:23 PM PST US Subject: RE: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81 From: "John Loram" --> Homebuilt-List message posted by: "John Loram" While I share your concern about the current version of tort reform, you (and possibly the EAA) are quite wrong about the lack of suits: The Quickie Aircraft Corp. was sued by a builder who experienced an accident in a highly modified Q1. QAC lost, but then won on appeal, however had exhausted itself financially in the process and when out of business immediately thereafter. See Mullan v. Quickie Aircraft Corp., 797 F.2d 845 (10th Cir. 07/21/1986) UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT I think this is the scenario that many builders are worried about happening. Fighting an abusive law suite can be just as ruinous as loosing a legitimate one. Regards, -john- -----Original Message----- From: owner-homebuilt-list-server@matronics.com [mailto:owner-homebuilt-list-server@matronics.com] On Behalf Of Eric Ruttan Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81 --> Homebuilt-List message posted by: Eric Ruttan --> Tort reform is a bunch of hogwash. Protection for the rich, at the expense of rights of the poor. No homebuilt amature aircraft manufacture has ever been SUED, never mind lost. There is no real liabilty risk, but fear sells! You can call the EAA and ask. ________________________________ Message 3 _____________________________________ Time: 05:26:16 PM PST US From: "Joe Healy" Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81 --> Homebuilt-List message posted by: "Joe Healy" That last response was an example of a kit manufacturer (a company engaged in the business of selling airplane kits to the public) being sued by a builder (the consumer) or his heirs. It was not an individual homebuilder of such a kit being sued by a third party purchaser. Does a case exist of a private party kit assembler being sued by the third party purchaser? By private kit assembler I mean someone who built one, or maybe two kits, in his/her lifetime for recreational or educational purposes (not engaged in a regular business of assembling airplane kits) being sued by someone to whom he sold the kit. > While I share your concern about the current version of tort reform, you > (and possibly the EAA) are quite wrong about the lack of suits: > > The Quickie Aircraft Corp. was sued by a builder who experienced an ________________________________ Message 4 _____________________________________ Time: 06:52:39 PM PST US From: Eric Ruttan Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81 --> Homebuilt-List message posted by: Eric Ruttan I have been asking this question for a few years, and no one has ever given me a yes. Business have been sued. Individuals never. If I am in error, and someone can point me to an actual case, or even a filing that never went to court, I would be very much obliged. Joe Healy wrote: >--> Homebuilt-List message posted by: "Joe Healy" > >That last response was an example of a kit manufacturer (a company engaged >in the business of selling airplane kits to the public) being sued by a >builder (the consumer) or his heirs. It was not an individual homebuilder of >such a kit being sued by a third party purchaser. > >Does a case exist of a private party kit assembler being sued by the third >party purchaser? > >By private kit assembler I mean someone who built one, or maybe two kits, in >his/her lifetime for recreational or educational purposes (not engaged in a >regular business of assembling airplane kits) being sued by someone to whom >he sold the kit. > > > >>While I share your concern about the current version of tort reform, you >>(and possibly the EAA) are quite wrong about the lack of suits: >> >>The Quickie Aircraft Corp. was sued by a builder who experienced an >> >> > > > > ________________________________ Message 5 _____________________________________ Time: 09:40:32 PM PST US From: rueffy@jetthrust.com Subject: Re: Homebuilt-List: Re: Zodiac 601HDS with Subaru EA81 --> Homebuilt-List message posted by: rueffy@jetthrust.com I was at arlington this weekend and sat in on a forum presentation about purchasing and maintaining experimentals that others have built and many questions about this came up. The presenter who held some important position in EAA which escapes me said there has not yet beed a succesful suit against a person who actually put the kit or aircraft together. Brett Quoting Joe Healy : > --> Homebuilt-List message posted by: "Joe Healy" > > That last response was an example of a kit manufacturer (a company engaged > in the business of selling airplane kits to the public) being sued by a > builder (the consumer) or his heirs. It was not an individual homebuilder of > such a kit being sued by a third party purchaser. > > Does a case exist of a private party kit assembler being sued by the third > party purchaser? > > By private kit assembler I mean someone who built one, or maybe two kits, in > his/her lifetime for recreational or educational purposes (not engaged in a > regular business of assembling airplane kits) being sued by someone to whom > he sold the kit. > > > While I share your concern about the current version of tort reform, you > > (and possibly the EAA) are quite wrong about the lack of suits: > > > > The Quickie Aircraft Corp. was sued by a builder who experienced an > > > > > > > Pilots!-For all your aviation resources visit Jet Thrust.com- The Pilot Network http://www.jetthrust.com Please report IMMEDIATELY any abuse/spam or scams of our webmail system to the webmaster of this website at the following address: webmaster@jetthrust.com