MICHAEL MISKA OF THE WOLK LAW FIRM WINS IMPORTANT JURISDICTION CASE IN NORTH CAROLINA

Some years back, the United States Supreme Court turned the concept of jurisdiction in this country on its head.  Jurisdiction is the power of a Court to hear a case based on either the systematic and continuous activities of a defendant in a State (general jurisdiction), or some specific act that caused harm in a State but coupled with some continuous efforts to avail themselves of the benefits of the State (specific jurisdiction). What the Supreme Court held in a very simple case that was neither briefed nor argued on jurisdiction was that a defendant could only be sued where it was incorporated or where its nerve center was located. Justice Sotomayor railed at the decision as being on the wrong side of history in a famous dissent.

But based on the Supreme Court’s wrong decision courts all over the country threw out cases unless the strict criteria for exercising jurisdiction was met. Our case in North Carolina captioned Cohen v. Continental Motors, Inc. was one of those cases.

Mike Miska created an excellent record that CMI not only purposely availed itself of the benefits of doing business in North Carolina, made money from its activities there, the part that failed was sold there, the accident happened there and the Plaintiff’s decedents lived in North Carolina so the harm from the defendant’s conduct occurred there.

The North Carolina Court of Appeals interpreting the new Supreme Court more relaxed view on the law of jurisdiction found that CMI indeed should be subject to the power of the North Carolina Courts to hear this case and reversed the lower Court’s decision to throw the case out. A copy of the opinion is attached here.

The Wolk Law Firm is known Worldwide for its tenacity in behalf of its clients.

Arthur Alan Wolk

9/7/21

PETERSON/ CHRISTENSEN CESSNA 182 ACCIDENT IN BOUNTIFUL UTAH MAKES NO SENSE ABSENT MECHANICAL MALFUNCTION

Three young beautiful young adults, just beginning their lives are dead in what should have been a no risk simple sightseeing flight and return.

They departed Bountiful Utah at 7 P.M., daylight, to view the church of the Peterson’s marriage by air.

A few minutes later they were dead as the airplane crashed into a mountain that should have been plainly visible.

The winds were very light only about 3 knots, the temperature was a hot 90 degrees and the conditions were visual flight rules.

They were flying an old Cessna 182H, built in 1965, and owned by J. Parker Christensen, a new pilot.

Kallie was an experienced pilot who had just been hired by the airlines to start training in November.

The Cessna 182 is a simple airplane to fly when everything works.

The mountains around Bountiful are high around 9,000 feet or more. There were some showers above the mountains that day.

The airplane has a carbureted engine and given the density altitude (about 8000 feet), temperature and the showers, any loss of power would make the airplane incapable of climbing above the peaks or even making it back to the airport.

A careful examination of the ADS-B data showing altitudes, rates of climb and airspeed demonstrate that the climb rate and airspeed was as expected given the weather, loading and age of the airplane but airspeed slowed in an obvious attempt by the pilot to keep climbing as the aircraft passed about 7200 feet above sea level. That occurred either because this normally aspirated aircraft simply ran out of climb capability or the carburetor simply could not keep up with the engine’s power needs.

This should never have happened. There was enough talent, experience and knowledge in that aircraft.

It was well below its gross weight.

Something else caused this accident.

We hope the families are able to learn what the cause was and The Wolk Law Firm can help.

Arthur Alan Wolk

8/24/21

MARTIN BEERMAN’S TBM 700 MAY HAVE BROKEN UP IN FLIGHT

In a terrible accident well respected physician and internist Dr. Martin Beerman was killed while flying his TBM 700 aircraft. There was no significant weather at the location where radar contact with the aircraft was lost in a flight from Northern Ohio to Cincinnati. The flight proceeded normally until it neared Urbana Ohio when it was lost. The wreckage distribution after what looks to be a loss of control shows that it may have come down in pieces which is indicative of an in-flight break-up.

The TBM series aircraft has been around for many years and is now manufactured by Daher in France.

There have been several loss of control accidents of the Socata built airplanes and most have not been weather related. There have also been accidents where pressurization loss has resulted in pilot incapacitation. Some 27 fatal crashes have occurred and some 47 total accidents involving this model. For a limited production aircraft that is a single pilot, single engine aircraft, that is a lot.

An in-flight break-up which is supported by the radar data is a pilot’s worst nightmare come true because once it occurs there is nothing a pilot can do to avoid a fatal crash. Engine failure may also be a factor but the pilots communication with Air Traffic Control should be telling. If there is none about what’s wrong, that could confirm an in-flight break-up. Some pilots who suffer from loss of control are also too busy trying to regain control and do not talk to Air Traffic Control. The aircraft had been cruising at 20,000 feet where pressurization is vital. It then descended to 11,000 feet where oxygen is not required and then sharply down after that.

The NTSB will take possession of the wreckage an ask for the help of Pratt and Whitney who made the engine and Daher who has legal responsibility for the aircraft’s Type Certificate today. That truly is the fox guarding the hen house but after the wreckage is released, the Wolk Law Firm, if engaged, will find the cause.

Our condolences to Dr. Beerman’s family and his colleagues.

Arthur Alan Wolk

8/23/21