Dennis Miserany and his crew from West Bank Sanitation prove on Labor Day that trash collectors never get a holiday as they clean up at the base of Snow King Mountain after Saturday’s Willie Nelson concert.
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United faces landing suit

By Angus M. Thuermer Jr., Jackson Hole, Wyo.
November 7, 2009

United Airlines is facing a suit in Washington state from a woman who claims she was injured in a landing incident similar to one that occurred at the Jackson Hole Airport in 2008.


United has contested the claims in U.S. District Court for western Washington. The suit centers around a landing at Chicago’s O’Hare International Airport in October 2007 during which a United Airbus 320 went off the runway.


The National Transportation Safety Board has attributed the Chicago excursion to cross-wiring of brakes and anti-skid tachometers in one of the main, double-wheel landing gears. In the Jackson Hole incident, federal investigators found a similar cross-wiring after another United Airbus 320 went off the side and end of the runway.


The NTSB has completed only a preliminary investigation into the Jackson incident, in which nobody was seriously injured but passengers had to evacuate the plane by inflatable emergency slides.


The suit filed by Jamie Scatena claims she suffered pain and suffering, mental anguish, loss of wages and earning capacity, disability and medical expenses.


The jet went off the side of the Chicago runway, struck some runway lights and a sign, and damaged engine coverings, according to accident reports. The pilot was able to taxi the plane to its dock.


Scatena’s filing says the value of damages she endured would be proven at trial. Scatena’s suit also names Airbus and others as defendants.


“The landing incident on the United Flight 628 previously described herein was the direct and proximate result of the negligent acts and omissions and other tortious conduct of the United defendants’ agents, servants, representatives, and/or employees ... ,” the lawsuit claims. Among United’s potential mistakes in Chicago were failure to train and supervise pilots and/or maintenance and inspection personnel, failure to properly maintain, inspect and test the aircraft, negligent operation of an “unairworthy” aircraft and more, the lawsuit claims.


The NTSB has completed an investigation into the Chicago incident and found that the cross-wiring by maintenance personnel caused the brakes to lock and led to the jet leaving the runway. One of the jet’s tires ruptured during the incident.

 

“The National Transportation Safety Board determines the probable cause(s) of this incident as ... [t]he misrouted and reversed antiskid wiring by vendor maintenance personnel leading to the runway excursion,” a federal report said. “Contributing to the incident were the runway sign, the vendor’s maintenance personnel not understanding the entire maintenance procedures in the dual tachometer replacement, and the
operator’s maintenance procedures being unclear to the maintenance personnel.”


The NTSB did not say who the maintenance vendor was that United used nor where it was located.


United has asked for a jury trial. In an answer to the suit, the company dismissed many of the allegations and said Scatena failed to make her case.


The company also offered other defenses, including that others named in the suit might be responsible and that the plaintiff might have pre-existing medical conditions. The airline also asked that the suit be dismissed and that the company be reimbursed by Scatena for its attorney’s fees and other costs.



 
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