We are not allowed to make any plans changes. We've tried. 

Steve Glover

Sent from my iPhone

> On Sep 25, 2014, at 23:54, Mike T via KRnet <krnet at list.krnet.org> wrote:
> 
> (hit "send" too soon)
> 
> If they got a good lawyer, he'd kept telling the jury  "twenty-seven YEARS
> they knew about this deadly design, and they HID it from the public!"  The
> fact that Rand died in the prototype would also look good in the tabloids,
> even though that had nothing to do with spins.  ("The Death Plane started
> by killing its own designer, and it's been killing people ever since!!!)
> 
> I know this is all nonsense, but do you think a jury of non-homebuilders
> wouldn't buy it, especially with this guy's grieving widow and children
> blubbering in the courtroom every day?
> 
> Fortunately, I doubt RR has enough money to be worth suing at this point,
> which may be what saved them in 2013.   But if I were NVaero, I'd send out
> a few "MANDATORY DESIGN CHANGES" of my own, just to be on the safe side.
> 
> Mike Taglieri
> 
>> On Fri, Sep 26, 2014 at 2:41 AM, Mike T <mctaglieri at gmail.com> wrote:
>> 
>> I agree with DJ, and I think other kitplane makers do too.  Recently the
>> designer of the CX4 (an aluminum single-seat design about 10 years old),
>> discovered the cable attachment method on the rudder was causing fatigue
>> cracks in the rudder cables of his prototype.  So he redesigned the part
>> and emailed it as a "MANDATORY DESIGN CHANGE" in big letters to all
>> registered builders.  Larger kitplane makers like RV make similar
>> improvements in their plans all the time.
>> 
>> According to some KR-Net posts, Neil Bingham's design review talking about
>> the unsafe aft CG limit appeared in Sport Aviation in 1986 and also in the
>> KR Newsletter.  Even if Rand-Robinson claimed they never heard of Sport
>> Aviation, they can hardly claim they didn't know about the Newsletter
>> because they occasionally made contributions to it.
>> 
>> So if the family of the dead pilot in this tragedy wanted to sue
>> Rand-Robinson, they could say Jeanette Rand found out 27 years earlier that
>> the aft CG limit in the plans was an error that could kill people, but RR
>> never bothered to change the plans or even mention the problem.
>> 
>> I'm not saying I'm worried about this.  The family probably doesn't want
>> to sue, and if they did they'd have to prove that the original builder
>> didn't vary from the plans in this area, which would be tricky.  But if
>> they got a good lawyer, he'd kept telling the jury  "twenty-seven YEARS
>> 
>> 
>> On Thu, Sep 25, 2014 at 3:10 PM, Dj Merrill via KRnet <
>> krnet at list.krnet.org> wrote:
>> 
>>>> On 09/25/2014 02:32 PM, Sid Wood via KRnet wrote:
>>>> The principle that will be invoked is: You new something was wrong with
>>>> your design because you made a change. Therefore, you are now admitting
>>>> to some liability and must pay for your mistake(s).
>>> 
>>> The flip side to this is that you knew that something was wrong with
>>> your design, and you didn't release an update therefore you were
>>> endangering everyone using your faulty design.  Better to own up and
>>> release an update for free rather than take the chance on getting sued
>>> if/when people start getting hurt.
>>> 
>>> -Dj
>>> 
>>> --
>>> Dj Merrill - N1JOV - VP EAA Chapter 87
>>> Sportsman 2+2 Builder #7118 N421DJ - http://deej.net/sportsman/
>>> Glastar Flyer N866RH - http://deej.net/glastar/
>>> 
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