Law suit from tragic Oshkosh accident

Air Classics, Oct 2003 by O'Leary, Michael

A nearly four-year battle has ended with a divided verdict

At the 1999 Oshkosh show, a tragic accident marred the flying display when a ground collision occurred between aircraft taking off for fly-by display. A Harris County, Texas, jury found in early July that the Experimental Aircraft Association and well-known Warbird pilot Howard Pardue partially at fault in the accident. Each was 25 percent responsible, the jury declared. Pardue was not injured in the accident but his F8F-1 Bearcat was extensively damaged.

Laird Doctor, who suffered serious spinal injuries in the 29 July 1999 crash when his Corsair hit the Bearcat, was found 50 percent at fault, according to the EAA which, while facing paying up to a $500,000 penalty, was pleased with the decision. EAA President Tom Poberezny stated, "We feel that it was a favorable judgment for the EAA and we will not be filing an appeal." It is likely this amount will be covered by the EAA's insurance.

The jury actually awarded Doctor $2,500,000 but Texas law caps non-profit organizations' damages at $500,000. "We were very happy with the finding on the negligence, but we're not satisfied with the damage award in light of Mr. Doctor's injuries," said Robert Parks - an attorney specializing in aircraft disasters who had been representing the Doctor family in the lawsuit.

Doctor was injured when the Chance Vought F4U-5 he was piloting collided on a Wittman Regional Airport runway with Pardue's Bearcat during a formation takeoff at the start of the 1999 EAA AirVenture event.

The accident happened in front of a crowd of thousands waiting along the AirVenture flight line to watch the show's start. Many captured the crash with cameras as the Corsair streaked by, bursting into flames. Doctor was thrown clear of the Corsair but he suffered spinal cord injuries, requiring him to use a wheelchair.

In 1999, the NTSB ruled the probably cause of the accident was limited cockpit visibility and pilot error on Doctor's part. Pardue told NTSB investigators he stopped the Bearcat on the runway during the takeoff sequence to wait for aircraft behind him to get into sequence. His airplane was overrun by the Corsair and spun 180 degrees after the collision into the grass off the runway.