Spohrer & Dodd, P.L.
701 West Adams Street
First  Floor
Jacksonville, FL 32204

Tel: 904.309.6500
Direct: 904.208.4361
Fax: 904.309.6501

bnewman@sdlitigation.com

 www.sdlitigation.com

 

Skype: barryenewman
barry@legaljax.com

 


E-Mail Me



Board Certified






Admissions: 
The U.S. Supreme Court
The Florida Courts
Middle District of Florida
 Northern District of Florida
Southern District of Florida
Western District of Michigan 
 District of Colorado 

Special Admissions: 

Western District of Oklahoma
Arizona Federal Court
Delaware Federal Court
 Connecticut Federal Court  
New Mexico Federal Court
 Kansas Federal Court
Southern District of New York
Southern District of California 
District of Minnesota

 

Commercial Pilot:
Single & Multi-Engine
Airplane & Helicopter Rated
Instrument Rated
Former Member:
Jacksonville Sheriffs Aviation Unit
& Angel Flight

 

 Presenter/Faculty:

r

:Airborne Law Enforcement 
Lectured police pilots on Safety and Legal topics in Orlando (2013) and Phoenix (2014) National Conventions.

 


American Bar Association
Aviation
Litigation Seminar
New York City (2013)
 


American Bar Association
TIPS Aviation
Seminar
Demonstrative Evidence
Washington, D.C. (2016)
 

Lawyer Pilots Bar Assn.  
Litigating Federal Tort Claims

(2013) Whistler B.C.  

AAJ
Aviation Seminar

(2017) Boston

Adjunct Law Professor:

 
(2006-2016)


Aviation Law
(2006)

 

©2017 by
Barry E. Newman
ALL RIGHTS RESERVED

 

 

          
  
Barry E. Newman                                                                                       Board Certified Attorney 

 
 
 

904.309-6500
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‡  Denotes Trial 

‡ $9.4 Million ATC Negligence Post-trial Settlement -
While a trial victory is certainly preferable to the alternative, creating law that makes the public safer is far more rewarding.  My client and passengers were fatally injured in a spatial disorientation accident after controllers misled the pilot with stale and inaccurate weather information. Because of the holding in Abrisch v. United States, 359 F.Supp.2d 1214 (M.D.Fla., 2004), controllers now have a legal duty to provide pilots with timely, accurate and complete weather information. 

$8.25 Million ATC Negligence Settlement -
After a Houston air traffic controller assured the King Air 100 pilot help circumnavigating a line of severe thunderstorms, he vectored the aircraft to directly penetrate them without warning. The aircraft became uncontrollable and crashed, fatally injuring four occupants. Depositions revealed that the controller was not wearing his required glasses at the time and had configured his radar screen to a color that masked the weather information. We also learned that a second controller sat idly by and watched the tragedy unfold without alerting his fellow controller, even though he appreciated the obvious hazard.

 

‡ $3.6 Million Trial Verdict -
After a contested trial, a local jury found K-Mart negligent in causing its female customer to fall and injure her back after tripping over a rolled-up carpet mat in its entry way. The defendant's offer was only $5,000. 

‡ Pending
My two London clients were severely injured when their Eurocopter EC130 crashed into a Kenya lake during a private helicopter tour.  The trial of the matter commenced in the High Court of Nairobi in 2016 and is continuing.

‡ Pending
The pilot and two passengers of a Beechraft Bonanza were fatally injured after air traffic controllers vectored them for nearly 31 miles to an airport that was only 5 miles away when the pilot reported an engine malfunction. The case was tried in the Middle District of Florida in Orlando in May, 2017. A ruling is pending. 

‡ $1.3 Million Pedestrian Injury--  
After a contested bifurcated liability trial, a college graduate waiting to enter law school was fully compensated for injuries she sustained when two vehicles collided in a Tallahassee intersection, causing one of the vehicles to strike her while on the sidewalk.

 

 

‡ $725,000 Maritime verdict  
A 2014 Jacksonville jury awarded $725,000 to an injured boater after the 32-pound windshield detached from his new $111,000.00 Donzi fishing boat and struck him in the face. The manufacturer failed to persuade the jury that the client was not severely injured.

 

 

 

 

 

 

 

‡ Golf Cart truck strikes Van --
Our client obtained full value for her injuries after a local golf cart delivery company ran a traffic signal and totaled her vehicle. The case was resolved after a trial on liability and damages.

‡ Semi driver strikes vehicle --
Our two retired Illinois clients recovered injury damages from a Federal Court Jury in Ocala after national trucking chain Celedon Trucking failed to accept responsibility for its driver's negligence. 

‡ Bar Bouncer Assaults Patron -- 
A $351,000 trial verdict was obtained for a Tuskegee Institute (Alabama) college student who sustained a severely fractured jaw requiring surgical repair after a bar's aggressive bouncer punched him in the face without provocation.

‡ Defense Verdict for Uncle Sam! 
Why would I advertise a loss?  Its been said, "You aren't a real lawyer until you have lost one." Anyone can win an easy case.  Many good trial lawyers are reluctant to even try a case with less than perfect facts. While true that some should not be tried, you need a lawyer willing to stand by you when the deck is stacked against you. Our client, Tod Landry, perished with three others in a 1999 Deland mid-air collision. Despite hard work and a great client, the  facts did not pan out in this very difficult trial against the government. The Court held that the air traffic controller's actions did not legally cause the crash. 

Super Bowl police boat crash --
Two Jacksonville police officers recovered for injuries they sustained when their police boat allided with an old piling left in the river during bridge construction.   A settlement was reached with the State of Florida and two private parties. (2008).

Defending those who defend us!

Its not always about money. It is about what is right. When a local police officer was falsely accused by a criminal of having taken part  in a conspiracy that led to a shooting, I successfully stepped-in to defend the police officer in the Internal Affairs Investigation. The officer was cleared of all charges when it was shown that the evidence established he had no such participation or knowledge of the incident.

$1.5 Million for Heroic Passenger --  
The parents of a pilot-rated Beechcraft Baron passenger felt vindicated after we proved that their son heroically saved two fellow passengers from the pilot's antics that killed himself and the pilot. The pilot dropped low to impress some Leesburg, Florida cattle when he let the airspeed bleed critically slow.  The client's son, recognizing the imminent stall, was able to right the aircraft before the collision with the ground, saving the backseat passengers.  In addition to advancing our client's claims against the aircraft owner, we successfully defended a claim brought by one of the very passengers he saved.

Afghanistan 737 crash--
A Vermont family recovered wrongful death damages after their 24-year-old daughter, who had been on a mission trip to Afghanistan, was among the 104 fatally injured in the crash of Kam Air Airlines 737 into a mountain near Kabul Afghanistan. Our investigation found that the pilot likely followed a flight path to a navigational aid that had been moved 10 miles away and was using an obsolete FMS database. The claim was brought against the airline and a private air traffic control contractor.

Trucker causes brain injury --
A confidential settlement was reached after a Palatka truck driver negligently turned into the path of an award-winning obstetrical nurse on her way to work, effectively ending her career. The truck driver blamed the client even though she clearly had the right-of-way.

Client struck by Recycler  --
My deceased client was blamed by the driver, witnesses and the police for recklessly stepping into the street behind a backing garbage truck. After I learned that the truck's back-up cameras were broken and later conducted video surveillance finding the driver violating company backing policies, I recovered ten times the offer made to another lawyer. 

 

Weight loss product fatality  --
Our client's two minor children recovered nearly $800,000.00 after proving their 35-year-old  mother's fatal heart attack was caused by a popular weight loss supplement laced with the stimulant, Ephedra. The claim required us to litigate the Multi-District Litigation claim in the federal courts of New York and the Bankruptcy court of Southern California.

Weight loss product fatality  --
Rodriguez v. AIG, (D. New Mexico, 2013). Recovery of wage loss and Medicare set aside benefits as well as a waiver of subrogation under the Defense Base Act for injured civilian aviation mechanic injured in the West Africa Dash 8 crash. 

Mechanic crushed by falling truck --
A confidential settlement was reached for a local GM Master after the truck he was repairing fell on him. Our investigation revealed that the lift had been improperly designed and maintained. (2008).

Saudi Arabia - Aviation Tech injured by defective product --
$800,000 product liability settlement for an aviation worker injured in an explosion that occurred while he was repairing the environmental controls from an of F15 fighter jet in Saudi Arabia. (2002)

Aircraft Carrier Fall injures contractor--
$300,000.00 settlement against the United States government for an injured marine construction worker who fell aboard the USS John F. Kennedy aircraft carrier after Navy crewman failed to install required safety netting.
(2006).

Press Amputation
Our client recovered full value and avoided the harsh immunities normally afforded employers after we were able to prove the employer removed press guarding devices mandated by OSHA, which resulted in an amputation of his lower arm. 

Bar served intoxicated patron --
$335,000 Settlement with a tavern owner for the Estate of motorcyclist killed by regular drunk patron of the bar. The bar continued to serve the patron although they knew he was intoxicated and had a propensity to driver under the influence.
 (2000)

Child breaks neck on trampoline --
$100,000.00 homeowners policy settlement for a child who sustained a cervical fracture while roughhousing, unsupervised, on a neighbor's trampoline. (2000).

Electrocution caused by Code violation

Settlement for the family of electrician who was fatally electrocuted by a dangerously positioned light pole. Our investigation found that the pole had been located too close to a high power line in violation of national and state electrical codes.
(2007)

Helo Crash Injures Two Paramedics  
Confidential settlement for two medivac helicopter paramedics injured in the rollover crash of a Eurocopter Twinstar air ambulance helicopter. The crash was caused by pilot error. (2006)

Pilot falsified logbooks before fatal crash 
A confidential settlement was reached for the family of the father and son owners of a national chain of car dealerships fatally injured in the crash of a twin Cessna on approach into the Melbourne, Florida Airport. Our investigation revealed that the pilot-in-command had falsified his flight logs.
(2007)

Sleeping airline passenger burned
$150,000.00 for passenger who was severely burned during an airline flight after the careless flight attendant spilled an entire pot of hot coffee on his upper body as he slept. (2004).

Pilot Enforcement Action / Presidential TFR Violation
Administrator v. Pilot, (FAA Administrative, 2009). Successful defense of an FAA pilot enforcement action against private pilot alleged to have violated presidential restricted airspace in Cessna 172.

Bag Dropped on Airline passenger
Altarac v. Fresh Quest, (Fla.,17th Judicial Cir. 2014) Client injured after fellow passenger dropped a heavy bag on her head prior to departure in the Airbus 320 in Ft. Lauderdale, Florida.

In-Flight Propeller Separation Causes Crash
Avemco Insurance Co. v. Sensenich,
(Ariz. 2000). A pilot and passengers were injured when the wooden propeller mounted on their Waco YMF-5 departed from the airplane over the Sedona, Arizona desert. They all survived the crash and post-crash fire with injuries.

Defense of Products
Carson v. Heli-Tech, Inc., (M.D. Fla. Aug. 29, 2002).  Defense of M.D. Helicopters in a crash involving a Lee County, Florida Sheriff’s Office McDonnell Douglas OH-6A helicopter.  No. 2:01-cv-643 TJC.

In-Flight Break-up Fatally Injures Entire Family 
Edwards v. Various Manufactuers (Federal Courts for the Middle District of Florida, District of Colorado, District of Delaware and Multi-District Litigation (2014). Six members of the Bramlage family of Kansas were fatally injured in the crash of a cabin class aircraft in central Florida. 

TH-53 Tail Skid Failure Blinds Pilot
Forman v. Sikorsky Aircraft Co. (D. New Mexico, 2004). When the tail skid mounted on the rear of the USAF operated Sikorsky TH-53A helicopter failed on landing at the New Mexico air base, it allowed the tail rotor to strike the ground and propelled its end caps into the open cargo area. My active duty Air Force Instructor Pilot was blinded when he was hit by one of the end caps.

Fatal Afghanistan Airline Crash Caused by Faulty database
Gadue v. Midwest ATC, Kam Air Airlines, (D. Kansas, 2008). Wrongful death claim for the Vermont family of 24-year-old Cristin Gadue, who was among those killed when the Kam Air Airlines Boeing 737 flight 904 crashed into an Afghanistan mountain in 2005.  My investigation revealed that a private air traffic control company providing services in the Kabul airspace failed to advise the flight that it was off course and below assigned altitude.  

Fatal Bird Strike Causes Citation Crash
Hartman/Sandoval v. United States et al., (W.D. Oklahoma, 2010). Wrongful death actions for families of two pilots after a Cessna 500 Citation Jet impacted a flock of American White Pelicans in Oklahoma City, Oklahoma. The City had diverted FAA grants for bird strike mitigation.

Inadvertent IMC Charter crash
Hines v. SK Jets (M.D. Fla.  2013). Wrongful Death claims after a Mayo Clinic transport technician was fatally injured in the crash of a Bell 206 Jet Ranger in heavy fog on a transplant flight. 

Breach of Aircraft Brokerage Contract
Jet Club (Bruce Jenner Aviation) v. Thrust Aviation (2008), Breach of Contract brought by aircraft brokerage company after seller breached sales contract and refused to pay sales commission. 

Passenger Fatally Injured After Pilot Exhausted Fuel
Kennedy v. ASI, Inc., (Florida Circuit Court, pending). Claims against Estate of  pilot who exhausted fuel enroute to the Bahamas with three passengers aboard a Cessna 340

First Officer injured in New Mexico Crash
D'Errico v. Flight School
, (Pending), a first officer working for a photo company was injured when the Cessna 172S camera ship crashed. The owner operated the flight with the wrong Pilot Operating Handbook that failed to account for more than 200 pounds of camera gear.

Passenger Injured After Aircraft lands on House
Early v. Confidential, Pre-suit settlement for injured Part 91 passenger after the Piper Cherokee he occupied crashed into a Georgia home. Our investigation found that the aircraft's Cylinder detached in flight.

Airline Passenger injured by Burning Coffee 
Livermore v. Confidential Airlines (Florida Circuit Court, 2004). Flight attendant spilled an entire pot of boiling coffee onto sleeping passenger, who suffered 2nd and 3rd degree burns requiring reconstructive surgery.  

Airline Passenger Injured By Clear Air Turbulence  -
Mezni v. Air France, My client was injured by clear air turbulence after departing from France in an Airbus A320. The claim fell under the provisions of the Montreal Convention, which dictates the recoverable damages in international flights.  (2015).

Airline Passenger injured in on-board Fall  -
Osborne v. Delta Airlines, (Florida Circuit Court, 2001). Resolution for client injured in fall aboard a Boeing 737-200 during the boarding process.

Army soldier injured in SH-60 crash in Germany  -
Rasmussen v. United Technologies Corp.,  (D. Connecticut, 2001). Product liability settlement for soldier injured in the crash of a U.S. Army operated Sikorsky SH60 Blackhawk in Wiesbadden, Germany. This was a companion action that arose after the crash, which was caused by a lateral fuel imbalance. In the companion action, the Connecticut jury found that the manual failed to accurately reflect the flight envelope in such a condition. 

Contract Mechanic injured in Africa Dash-8 Crash  -
Rodriguez v. United States, (Mali, West Africa, Pending). Pursuit of administrative Military Claims Act benefits for a Dehavilland Dash-8 passenger  who suffered a broken back after two active duty United States Air Force pilots exhausted fuel. (Pending).

Apache crash kills two National Guard Pilots  -
Ruffner et al. v. The Boeing Company, (D. Arizona, pending). Wrongful death claims for the families of two National Guard Pilots who died in an AH-64D Apache crash in Afghanistan after the main rotor departed in Flight. The accident was precipitated by the failure of the lead-lag link pin, which retains the main rotor blade to the hub.

Atlanta Police Pilots Fatally Injured -
Investigation of death claims for the families of two Atlanta Police pilots fatally injured in the crash of a Hughes 269 helicopter while searching for a lost child. 

 

 

 

 

Why call Barry Newman? 

Excellent question. There are about 100,000 lawyers in Florida. Most have never handled an aviation claim. The aviation insurers know who can, and will, try your case if they are unreasonable. I have  tried a number of aviation cases to juries and judges in federal and state courts. The published trial verdicts below are examples of my tenacity.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

    

 

 

 

 

 

  • Receive proper medical care for any injured persons. Call an ambulance if necessary or visit an emergency care facility as soon as you leave the scene of the accident. It is important to note, some injuries may not be immediately apparent – for this reason, it is crucial to be examined by a doctor.

 

   

 

 

 

 

 

 

utomobiles & Trucks
DUI crashes & Claims against Taverns

Airplane and Airline Accidents
Boating & Cruise ships

Motorcycles, Bicycles & ATVs

Pedestrians
Workplace Injuries

Construction sites

Dangerous premises
Defective Products

Dangerous Drugs & Medical Devices 
Medical Negligence
Slip & Falls
Negligent Security

Unsecured Vicious Animals 

 

International Claims:

Airline Injuries
Maritime Injuries