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California IN BRIEF : SAN MATEO : $57-Million Award in Plane Crash Upset

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From Times Staff and Wire Reports

A judge overturned a $57-million award to the families of three men killed in a 1974 plane crash because their attorney failed to disclose that he represented the aircraft manufacturer in a separate case. San Mateo County Superior Court Judge Aram Serverian also ordered a new trial on the grounds that the punitive damages against Beech Aircraft Corp. were excessive--totaling more than one-quarter of the company’s net worth. Serverian made his ruling Aug. 22. “I’m disappointed, but I’m not surprised,” said Sandra Dunaway of Northridge, whose husband, Neldon, died in the crash. “We’ve been going through this for . . . years.” The $57-million award stemmed from the 1974 crash of a twin-engine Beech Model 95 Travelair at Rialto Airport in San Bernardino County. The crash killed Dunaway, Richard Elsworth, Roger Best and pilot Edward Miro. Survivors of three of the victims filed suit that year against Beech, alleging evidence of faulty construction of the plane, which was discontinued in 1968. The lawsuit alleged the airplane had a tendency to spin with one engine out.

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