Cirrus Ordered to Pay 16.4 Million after Fatal Crash

by Jason Schappert

The jury has finially come to a verdict in the highly disputed case of a fatal 2003 crash of a Cirrus SR-22 in Minnesota.

The NTSB Report Reads:

The Cirrus SR-22 aircraft was destroyed upon impact with trees and terrain following a loss of altitude during a turn. The accident site was located in relatively level, wooded terrain. The surrounding area was sparsely populated and heavily wooded. The accident occurred prior to civil twilight and marginal VFR weather conditions were reported at the departure airport. FAA radar data depicted an aircraft proceeding from the departure airport to the south, roughly paralleling a two-lane roadway. The aircraft initially leveled at 2,500 feet pressure altitude. The altitude gradually increased to 3,200 feet. Shortly afterward, the aircraft entered a descending left turn to reach a minimum altitude of 2,400 feet. This resulted in an average descent rate of 2,000 fpm. The aircraft immediately began a climb, as the radius of the left turn decreased noticably. Final radar contact was at 2,900 feet pressure altitude, 0.21 nautical miles, on a course of 278 degrees magnetic to the accident site. The rate of climb averaged 2,500 fpm between the final two radar data points. Several witnesses reported seeing an aircraft flying southbound shortly before the time of the accident. They reported the aircraft was relatively low and was traveling at a high rate of speed.

Cirrus SR-22 m0a.com

Cirrus SR-22 m0a.com

None of the witnesses reported noticing any problems with the aircraft or engine. Witness reports of the weather conditions varied from mostly cloudy to clear, depending on their location. Impact angle was approximately 15 degrees nose down, based on observed tree strikes. The debris path was approximately 500 feet long and the aircraft was highly fragmented.

A post accident examination of the aircraft and engine did not reveal any anomalies. The aircraft had logged 35.7 hours since new. The pilot held a private pilot certificate, with a single-engine land rating.

He had logged 248.0 hours total time, including 57.0 hours of instrument time and 18.9 hours of night flight time. The pilot was the owner of the aircraft and had taken delivery nearly six weeks prior to the accident. He had completed a flight training program specific to the SR-22 aircraft. This resulted in a VFR-only completion certificate and a high-performance aircraft endorsement.

The pilot had logged a total of 19.0 hours in the SR-22. This included 0.3 hour of actual instrument time and 2.3 hours of night flight time. The remaining flight time logged, with the exception of 1.0 hour, was in a Cessna 172 aircraft.

Probable Cause

Spatial disorientation experienced by the pilot, due to a lack of visual references, and a failure to maintain altitude. Contributing factors were the pilot’s improper decision to attempt flight into marginal VFR conditions, his inadvertent flight into instrument meteorological conditions, the low lighting condition (night) and the trees.

The pilot’s family placed and won their lawsuit saying Cirrus failed to properly train the pilot to the needed standards.

Cirrus said they were “disappointed and surprised” at the verdict.

A few questions for you:

– Where do you stand on this verdict? Is it fair? Is Cirrus really to blame?

– What impact may this have on flight training?

Leave your answers below in the comment box.

  • http://www.gimliglider.com/ Gimli

    I heard Cirrus is going to re-appeal. Hope they win. Why would a plane manufacturer be blamed for a fault committed by a pilot? In these tough times where established businesses such as Boeing, Cessna are firing hundreds of employees everyday, the fine will wreak havoc on Cirrus’ financial situation.

    And of course, not only Cirrus, but the whole world is surprised and disappointed. My cousin brother drove real slow and nice in his driving license exam and his instructor was more than satisfied. He got the license, and then one night he couldn’t resist the temptation to join in a street-race in NYC. Two cars were wiped off the face of the planet that night, and one of them was my cousins (he is alive though, but his driving license has been suspended)

    Now would you fine the instructor and the car manufacturer for not training him properly?

    Was this guy a private pilot? It’s not clear in this article.

  • http://www.gimliglider.com/ Gimli

    I heard Cirrus is going to re-appeal. Hope they win. Why would a plane manufacturer be blamed for a fault committed by a pilot? In these tough times where established businesses such as Boeing, Cessna are firing hundreds of employees everyday, the fine will wreak havoc on Cirrus’ financial situation.

    And of course, not only Cirrus, but the whole world is surprised and disappointed. My cousin brother drove real slow and nice in his driving license exam and his instructor was more than satisfied. He got the license, and then one night he couldn’t resist the temptation to join in a street-race in NYC. Two cars were wiped off the face of the planet that night, and one of them was my cousins (he is alive though, but his driving license has been suspended)

    Now would you fine the instructor and the car manufacturer for not training him properly?

    Was this guy a private pilot? It’s not clear in this article.

  • http://www.gimliglider.com/ Gimli

    I heard Cirrus is going to re-appeal. Hope they win. Why would a plane manufacturer be blamed for a fault committed by a pilot? In these tough times where established businesses such as Boeing, Cessna are firing hundreds of employees everyday, the fine will wreak havoc on Cirrus’ financial situation.

    And of course, not only Cirrus, but the whole world is surprised and disappointed. My cousin brother drove real slow and nice in his driving license exam and his instructor was more than satisfied. He got the license, and then one night he couldn’t resist the temptation to join in a street-race in NYC. Two cars were wiped off the face of the planet that night, and one of them was my cousins (he is alive though, but his driving license has been suspended)

    Now would you fine the instructor and the car manufacturer for not training him properly?

    Was this guy a private pilot? It’s not clear in this article.

  • http://www.gimliglider.com Gimli

    I heard Cirrus is going to re-appeal. Hope they win. Why would a plane manufacturer be blamed for a fault committed by a pilot? In these tough times where established businesses such as Boeing, Cessna are firing hundreds of employees everyday, the fine will wreak havoc on Cirrus’ financial situation.

    And of course, not only Cirrus, but the whole world is surprised and disappointed. My cousin brother drove real slow and nice in his driving license exam and his instructor was more than satisfied. He got the license, and then one night he couldn’t resist the temptation to join in a street-race in NYC. Two cars were wiped off the face of the planet that night, and one of them was my cousins (he is alive though, but his driving license has been suspended)

    Now would you fine the instructor and the car manufacturer for not training him properly?

    Was this guy a private pilot? It’s not clear in this article.

  • http://www.aeroinstructor.com/ Ron Amundson

    Its bogus… I can understand how the pilot doubted the wx briefer based upon his local observation, and decided to go. Its something many have, and many will continue to do, often without a negative outcome, and in many cases, is prudent to do. Ie, if one is proficient at night flight, has an instrument rating, and is familiar with the airplane, and doesn’t mind a return to base or filing IFR if conditions go south, its reasonable. In this case, the pilot had everything stacked against him, lack of experience at night, lack of a/c familiarity, combined with no instrument rating should have led him to delay, at least until sunrise, if not cancel from the get go.

    Cirrus screwed up, by having the extra flight module in their syllabus, and then for any number of reasons, did not proceed with it. By the same token, that module would likely have had zero impact concerning this accident. Pilot skill is a replacement for judgment in some cases, ie had this individual been night proficient, had an instrument rating, and had 100 hrs in the a/c, he likely would be alive… but 1 training module on 1 day is not sufficient to build pilot skill to that level.

    For the average FBO, this lawsuit is likely to have minimal impact, short of an increase in liability insurance in the TAA realm. For those who provide FITS training for TAA’s, I expect changes, either A, greater emphasis on MVFR, or VFR-IFR for non instrument rated pilots, or further pilot limitations, Ie MVFR or night ops prohibited without an instrument rating.

  • http://www.aeroinstructor.com/ Ron Amundson

    Its bogus… I can understand how the pilot doubted the wx briefer based upon his local observation, and decided to go. Its something many have, and many will continue to do, often without a negative outcome, and in many cases, is prudent to do. Ie, if one is proficient at night flight, has an instrument rating, and is familiar with the airplane, and doesn’t mind a return to base or filing IFR if conditions go south, its reasonable. In this case, the pilot had everything stacked against him, lack of experience at night, lack of a/c familiarity, combined with no instrument rating should have led him to delay, at least until sunrise, if not cancel from the get go.

    Cirrus screwed up, by having the extra flight module in their syllabus, and then for any number of reasons, did not proceed with it. By the same token, that module would likely have had zero impact concerning this accident. Pilot skill is a replacement for judgment in some cases, ie had this individual been night proficient, had an instrument rating, and had 100 hrs in the a/c, he likely would be alive… but 1 training module on 1 day is not sufficient to build pilot skill to that level.

    For the average FBO, this lawsuit is likely to have minimal impact, short of an increase in liability insurance in the TAA realm. For those who provide FITS training for TAA’s, I expect changes, either A, greater emphasis on MVFR, or VFR-IFR for non instrument rated pilots, or further pilot limitations, Ie MVFR or night ops prohibited without an instrument rating.

  • http://www.aeroinstructor.com/ Ron Amundson

    Its bogus… I can understand how the pilot doubted the wx briefer based upon his local observation, and decided to go. Its something many have, and many will continue to do, often without a negative outcome, and in many cases, is prudent to do. Ie, if one is proficient at night flight, has an instrument rating, and is familiar with the airplane, and doesn’t mind a return to base or filing IFR if conditions go south, its reasonable. In this case, the pilot had everything stacked against him, lack of experience at night, lack of a/c familiarity, combined with no instrument rating should have led him to delay, at least until sunrise, if not cancel from the get go.

    Cirrus screwed up, by having the extra flight module in their syllabus, and then for any number of reasons, did not proceed with it. By the same token, that module would likely have had zero impact concerning this accident. Pilot skill is a replacement for judgment in some cases, ie had this individual been night proficient, had an instrument rating, and had 100 hrs in the a/c, he likely would be alive… but 1 training module on 1 day is not sufficient to build pilot skill to that level.

    For the average FBO, this lawsuit is likely to have minimal impact, short of an increase in liability insurance in the TAA realm. For those who provide FITS training for TAA’s, I expect changes, either A, greater emphasis on MVFR, or VFR-IFR for non instrument rated pilots, or further pilot limitations, Ie MVFR or night ops prohibited without an instrument rating.

  • http://www.aeroinstructor.com Ron Amundson

    Its bogus… I can understand how the pilot doubted the wx briefer based upon his local observation, and decided to go. Its something many have, and many will continue to do, often without a negative outcome, and in many cases, is prudent to do. Ie, if one is proficient at night flight, has an instrument rating, and is familiar with the airplane, and doesn’t mind a return to base or filing IFR if conditions go south, its reasonable. In this case, the pilot had everything stacked against him, lack of experience at night, lack of a/c familiarity, combined with no instrument rating should have led him to delay, at least until sunrise, if not cancel from the get go.

    Cirrus screwed up, by having the extra flight module in their syllabus, and then for any number of reasons, did not proceed with it. By the same token, that module would likely have had zero impact concerning this accident. Pilot skill is a replacement for judgment in some cases, ie had this individual been night proficient, had an instrument rating, and had 100 hrs in the a/c, he likely would be alive… but 1 training module on 1 day is not sufficient to build pilot skill to that level.

    For the average FBO, this lawsuit is likely to have minimal impact, short of an increase in liability insurance in the TAA realm. For those who provide FITS training for TAA’s, I expect changes, either A, greater emphasis on MVFR, or VFR-IFR for non instrument rated pilots, or further pilot limitations, Ie MVFR or night ops prohibited without an instrument rating.

  • http://www.gimliglider.com/ Gimli

    Ah sorry never mind. Read it again. He was a private pilot. RIP

  • http://www.gimliglider.com/ Gimli

    Ah sorry never mind. Read it again. He was a private pilot. RIP

  • http://www.gimliglider.com/ Gimli

    Ah sorry never mind. Read it again. He was a private pilot. RIP

  • http://www.gimliglider.com Gimli

    Ah sorry never mind. Read it again. He was a private pilot. RIP

  • http://minnesota.publicradio.org/collections/special/columns/news_cut/ Bob Collins

    I’ve written about this here
    http://minnesota.publicradio.org/collections/special/columns/news_cut/archive/2009/06/whose_fault.shtml

    But here’s the thing: Count the number of mistakes the pilot made that are
    covered in the first days of PPL flight training. And then try to square
    that with the assertion that another day of flying IFR (for a VFR rated pilot) in the Cirrus training would’ve been absorbed.

    I’m not sure it would’ve been possible to empanel are proper jury capable of critical thinking from the relatively small jury pool in Itasca County.

  • http://minnesota.publicradio.org/collections/special/columns/news_cut/ Bob Collins

    I’ve written about this here
    http://minnesota.publicradio.org/collections/special/columns/news_cut/archive/2009/06/whose_fault.shtml

    But here’s the thing: Count the number of mistakes the pilot made that are
    covered in the first days of PPL flight training. And then try to square
    that with the assertion that another day of flying IFR (for a VFR rated pilot) in the Cirrus training would’ve been absorbed.

    I’m not sure it would’ve been possible to empanel are proper jury capable of critical thinking from the relatively small jury pool in Itasca County.

  • http://minnesota.publicradio.org/collections/special/columns/news_cut/ Bob Collins

    I’ve written about this here
    http://minnesota.publicradio.org/collections/special/columns/news_cut/archive/2009/06/whose_fault.shtml

    But here’s the thing: Count the number of mistakes the pilot made that are
    covered in the first days of PPL flight training. And then try to square
    that with the assertion that another day of flying IFR (for a VFR rated pilot) in the Cirrus training would’ve been absorbed.

    I’m not sure it would’ve been possible to empanel are proper jury capable of critical thinking from the relatively small jury pool in Itasca County.

  • http://minnesota.publicradio.org/collections/special/columns/news_cut/ Bob Collins

    I’ve written about this here
    http://minnesota.publicradio.org/collections/special/columns/news_cut/archive/2009/06/whose_fault.shtml

    But here’s the thing: Count the number of mistakes the pilot made that are
    covered in the first days of PPL flight training. And then try to square
    that with the assertion that another day of flying IFR (for a VFR rated pilot) in the Cirrus training would’ve been absorbed.

    I’m not sure it would’ve been possible to empanel are proper jury capable of critical thinking from the relatively small jury pool in Itasca County.

  • http://www.pestcemetery.com/ Dutch

    The big winners in cases like these are usually the lawyers. The losers will eventually be all of us when we have to pay higher insurance or spend for more redundant training.

  • http://www.pestcemetery.com Dutch

    The big winners in cases like these are usually the lawyers. The losers will eventually be all of us when we have to pay higher insurance or spend for more redundant training.

  • Reajas

    This is a shame – The result is more and more costly aircraft prices – better that 2/3 of the price tag of the plane goes to liability Insurance for the Manufacturer. Just another example of our out of touch society. We all must take responsibility for our own actions or lack of action. Just like gun control – it not the plane it is the person who piloted it.

  • Johnmjon

    Completely sick. Follows our societal trend to blame everyone else for our own failures. The pilot was trained, passed his written test, so he had plenty of info on the dangers of spatial disorientation and the dangers of flying into weather. Not only is the judgement wrong, the family should be forced to pay Cirrus’s expenses.

  • RKHensonPE

    US in getting to a place where no one is responsible for anything. Lawyers are there to protect any and all idiots. 
    Altho many things I don’t like about the way they do things here in Mexico, I DO like the local adage “hey we’re in Mexico, SUE ME!”
    Until us gringos stand up to the legal establishment (members of Congress are mainly lawyers) and make them pass laws for serious tort reform and product liability, does anyone see it changing? I don’t think so: too many in the US looking for a payday! 

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