Still not flying.... One year later...

[FitchUpNorth]

Hello old friends.... Well, the saga of N389HW continues....well, continues to go nowhere. As many of you may remember, I flew my KF2 to KANE (Anoka, MN) for some refresher tailwheel instruction from a chief pilot of a 121/135 FBO, Called out here due to my outrage as Twin Cities Aviation. Several failed attempts to aviate due to weather, my heavy iron flying schedule, and Chief Pilot's schedule, I received a phone call from him that there was an accident with the bird. Im thinking hangar rash, wind damage, etc. Nope. Ground loop.

Yes, he took the bird up on 4/16/13 and on the first attempt at landing, got scared, tagged the gas, forgot what his damn feet were for, and ground looped it. The owner of the FBO denies that its their responsibility, that the Chief Pilot, Greg Krantz, was on his own time, and that he was told not to fly the aircraft. As many in GA instructing, he doesnt have a pot to p*ss in, so thats a dry well. FBO owner offered 5K. New Rotax 582 Bluehead with E gearbox from Red Gold in Florida, new IVO prop, new electrical system, etc. 5K would cover MAYBE a top end and Polyfiber. A year down the road, still havent touched the bird, due to liability/legal protection.

Reaching out to anyone who knows anyone who is involved in the legal field. The proposed retainers for any lawyer are at a min 1500. Needless to say, quite rich for a single dad of two girls. Anyone able to offer a name or advice? Kills me to have a bird, that WAS fully functional, fun, safe and purchased not only for me, but for my oldest daughter to get her private. That window has closed...

I miss my little yellow fun time.......

[lostman]

Just curious, was your plane tied down or in a hangar with the FBO? I wonder if they actually had it in the hangar if you wouldn't have more ground to stand on legally.

Sorry to hear about your plane.

[Paul Z]

He may start hitting you for rent. I would cut my losses and move it out, or he will own it on a mechanics lean.

[Av8r3400]

Can't you get a "free" consultation from a lawyer or two in your local area, just to determine what type of standing you have?

[Slyfox]

small claims court. oh at the time did you file a report with the police that he stole your plane

[tommg13780]

That KF2 right wing is still here should you decide to fix it?

[Travm1982]

He is 100 percent liable for the damage. Especially if he flew it without permission. Get a quote from three mechanics to have it repaired, then sue him for the repairs and your legal fees. You will win..

[Av8r3400]

The original thread containing photos and the story of the incident. (http://www.teamkitfox.com/Forums/showthread.php?t=4541)

By your first description, it looks as though the guy had your permission to use the plane, but you told him that he needed to be insured and he was responsible for all damage.

Obviously these two requirements were not met.

Again, I would find a local lawyer or two who will give a consultation prior to retention. Discuss your options with them and see if it is even worth the effort to sue the guy.

In my experience, small claims court is a total waste of time. Even if you win judgement, you have no authority to collect. Garnishment and collection become additional expenses making your judgement near nil, plus you are out a ton of time and aggravation.

[Paul Z]

He is 100 percent liable for the damage. Especially if he flew it without permission. Get a quote from three mechanics to have it repaired, then sue him for the repairs and your legal fees. You will win..

I concur with Travm1982! However, I would go get the plane out of his shop, or you will be getting a Mechanics Lean for Storage!

[FitchUpNorth]

Update ..... Well, they have officially pulled all offers off the table. I'm not concerned about that, the legal system will turn and this will have its day in the court. More troubling, they have submitted a demand to remove the wreckage from their hangar by Friday, the 4th. I haven't touched the bird for liability of damage reasons since the crash (yes it kills me). I am unwilling to trailer her anywhere for fear of doing more damage. I'll demand THEY move it, but here's where I need some input from my Twin Cities fellow owners... Does anyone know of a corner of a hangar, of course I'd be willing to pay for the space, that would be available to keep the bird under cover? Not to work on it (yet!!) just to protect it from elements .... I don't think I want to know what the local fob will charge.... Input is all welcome..... Thanks guys!

[Esser]

Before you move it I would contact the police

[n85ae]

This is getting ridiculous, you are concerned that the guy flying the plane is a
dry well? So what, he probably owns something. Get an attorney.

If you don't do this minimal step - Then anything that happens that you lose,
is basically your own fault.

Don't touch that plane without an attorney consultation either, because once
you touch it, that could change everything.

Likely the attorney will list a bunch of people in the lawsuit, and go after all
until money spews forth. (Including your attorney fee's). Go find an attorney
and get a consultation. If they think they can get money out of it, I'm sure
they will be happy to represent you.

Get an attorney - Bottom line.

Oh, and also - Just because the FBO says the guy was on his own time, doesn't
mean a court would view the guy as being on his own time. He walks into the
FBO as an employee, on or off the clock, where they essentially allow him
access ... That may very well by default put him on the FBO's time.

[DesertFox4]

I'm thinking this thread has progressed as far as it is going to. Legal advice should come from one's attorney not a forum. Best of luck with your situation. We really do sympathize. Let us know the final outcome Fitch. We hope it finishes with you flying soon.