An Itasca County jury has awarded more than $16 million -- originally more than $19 million -- to the families of two Grand Rapids men who died in a crash of a Cirrus airplane near Hill City in 2003.
Jurors determined that Cirrus Design Corp., the University of North Dakota Aerospace Foundation and pilot Gary Prokop were all negligent in the crash that killed Prokop and his friend and passenger, Jim Kosak, on Kosak's 51st birthday Jan. 18, 2003.
Cirrus and the University of North Dakota Aerospace Foundation each were found to be 37.5 percent negligent and Prokop was 25 percent negligent in the cause of the plane crash.
Jurors awarded Prokop's family $6 million for loss of counsel, guidance, aid, advice, comfort, assistance, protection and companionship they experienced as a result of his death and $6 million for economic losses, which would include past and future wages lost. Because the pilot was found to be 25 percent negligent, the award will be reduced to $9 million.
Kosak's family was awarded $6 million for loss of counsel, guidance, aid, advice, comfort, assistance, protection and companionship and $1.4 million for economic losses.
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The Kosaks sued Cirrus, Prokop's estate, and the University of North Dakota Aerospace Foundation. The Prokops sued Cirrus and the University of North Dakota Aerospace Foundation.
A National Transportation Safety Board investigation had concluded that the probable cause of the accident was "disorientation experienced by the pilot, due to a lack of visual references, and a failure to maintain altitude.'' Weather conditions varied from mostly cloudy to clear, depending upon their location, the NTSB report said. Prokop had 248 hours of flight time -- 18.9 in the SR-22.
Daniel O'Fallon of the Robins, Kaplan, Miller and Ciresi law firm in Minneapolis represented the Kosak family. O'Fallon said Cirrus omitted required training necessary to sell the airplane to Prokop. He said the pilot didn't receive an "IFR Flight [non-rated]'' lesson, which was part of the Cirrus training sold and promised to Prokop. Cirrus contracted with the University of North Dakota Aerospace Foundation to provide the pilot training.
The lawsuit contended that if the pilot had been provided the allegedly omitted training, he would have had critical information necessary to handle the conditions he faced on the morning of the crash.
"I thought we had good documentation and good evidence and, frankly, just great people to represent," O'Fallon said. "Jim Kosak was a great guy, and this is just a wonderful, wonderful family."
Bill King, vice president of operations for Cirrus, said the company was disappointed and surprised by the verdict and is investigating its options. He declined to comment on what those options might be.
He was asked about the potential effect of the jury verdict on his company's operations.
"It's certainly disappointing to us, but we continue to operate as we had planned," he said. "We've got a lot of work to do. This is just one circumstance we have to face in the process of operating, and we will continue on."
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Chuck Pineo, executive vice president of the UND Aerospace Foundation, said the foundation's thoughts remain with the families involved.
"We are contemplating our legal options as we continue to believe that the experienced management and training provided ... continues to be of the highest quality," Pineo said.
Prokop, 47, and Kosak, both of Grand Rapids, were flying in a Cirrus SR22 on their way to St. Cloud, Minn., to watch their sons play in a hockey tournament when the crash occurred south of Hill City. Prokop was active in economic development in Grand Rapids; Kosak had served on the United Way and YMCA boards. Both belonged to and were active in St. Joseph's Catholic Church.
"I'm happy and relieved that it is all over," said Mary Kosak, wife of James Kosak. "Our family is very, very thankful to the jury and to the judge for all of their time and effort. It was an unbelievably complicated case, and they just gave it their 100 percent attention, and we're just very thankful to them."
The seven-member jury deliberated about 4½ hours before returning the verdict Thursday night.
Blair Prokop, Gary's daughter, who is serving as the family's spokeswoman, said the family's attorney summed up the situation well in closing statements.
"We didn't want sympathy. We wanted justice," she said. "We're happy to receive that justice, but it doesn't replace our loss."
Hibbing lawyer Ed Matonich represented the Prokop family.
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"A Grand Rapids jury listened to all the evidence, listened to the law as presented by Judge [David] TenEyck and arrived at a verdict consistent with both the facts and the law," Matonich said.
