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July 18, 2004
From: Steve K. Sprague [mailto:ssprague@satx.rr.com]
Sent: Sunday, July 18, 2004 12:57 PM
To: Marcie@mlmconsultant.com
Subject: Please update your website
Importance: High
I have contacted you in the past asking you to clarify who "Steven C. Sprague" is.
I am Steven K. Sprague and I live in San Antonio as well. I have grown tired of people thinking I am the other Steven Sprague. I am a Deputy with the Bexar County Sheriff's Office and I am NOT the Steven Sprague that is responsible for your injuries. Please put some kind of disclaimer on your website or a picture of the person so that those that know of me, will not waste my time questioning me over things I have had nothing to do with. The last straw for me came when one of our Civil process deputies contacted me thinking I was "your" Steven Sprague. This has happened many times in the past and it really isn't very fair to me for this to keep going on when you can probably help the situation by making things clearer on your website to anyone that's doing an investigation on this person.
Thanks
Steve
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June 02, 2004
From: Marcie Cook [mailto:marcie@mlmconsultant.com]
Sent: Wednesday, June 02, 2004 1:05 PM
To: DannyS3773@aol.com
Subject: RE: Balloon Accident
Dear Danny,
I never received your second e mail. Please re send and I will surely post it.
As for your cruel and anger filled e mail I do feel sorry for you. Not much room for love in your life carrying around all that ugliness and hatred ... they say PROZAC helps with anger management.
I am actively working with Senator Kay Bailey Hutchison, Senator John McCain and Senator Fritz Hollings. Hopefully much needed rules and regulations will be put in place as some balloon pilots are "real hot dogs".
Having read FAR AIM 2004 cover to cover there is much room for improvement in this industry and perhaps we should say good bye to the "good ol boys" way of doing business.
Please advise where you saw on my site that I "ask for donations to pay my medical bills". My medical bills have been paid by myself, my insurance company and BAMC. The pilot responsible for my accident, the pilot
that should have had insurance, did not pay one red penny.
Most people can't even drive their cars out of their driveway without insurance.
Should we expect LESS of a pilot flying folks "fee for service" ?
With my efforts and the help of the government I am sure we can make ballooning a safer sport for everyone.
Marcie Cook
***
June 02, 2004
From: DannyS3773@aol.com [mailto:DannyS3773@aol.com]
Sent: Wednesday, June 02, 2004 10:49 AM
To: Marcie@mlmconsultant.com
Subject: Balloon Accident
Marcie,
I sent you a second e-mail but have not yet received a response. I noticed it hasn't gone on your web page. I guess its because you only want to hear positive things promoting your one-sided cause.You seem to like to dish out a lot of criticism but you don't like to take any. You criticize the FAA, our legislators, balloon pilots in general. You are not a courageous person as you claim. You are a weak, vindictive person. A strong person can handle criticism. A strong person is not vindictive.You want everyone to feel sorry for poor Marcie.I can't believe you would ask for donations to pay your medical bills. It's your fault you didn't have enough medical coverage.You should have thought about the consequences before you took the balloon ride. If you really want to help people, try using your anger and energy to make ballooning a safer sport instead of trying to condemn it as an unsafe activity. This is what a strong person would do. This is what a good person would do.
Waiting for your responce!!!
Dan Stone
***
5/27/2004
From: DannyS3773@aol.com [mailto:DannyS3773@aol.com]
Sent: Thu 5/27/2004 6:07 PM
To: Marcie@mlmconsultant.com
Subject: Balloon Accident
Marcie,
I sent you my comments about your balloon accident a few days ago and I would just like to take the time to elaborate a little more.
I would like to discuss the problem of balloon insurance. You seem to think all reputable balloon pilots should have liability insurance. If an accident occurs you want there to be insurance money to pay the damages. If this was the case why did you sign a waiver not to hold the pilot liable if in fact an accident did occur. I know that these waivers are worthless and your know that they are worthless. I guess you signed it because you wanted to go on the balloon ride.Don't you think that it is somewhat dishonest to sign this document then turn around and and try to recover damages after you are injured. The waiver warned you that ballooning was not risk free. I believe that it was your responsibility when presented with that waiver to question the pilot and ask about the risks you were going to face.You point out that your husband gave you the gift certificate for the balloon ride. You said he felt all that could happen is a possible sprained ankle or some other minor injury. I think that shows an incredible naivete and lack of concern on his part. Any aircraft that leaves the earth can kill you. I would not let my wife go on a balloon ride until I did my homework and made sure I knew all the risks. Your husband didn't take the time to do this. I would also ask the pilot; why do I have to sign this waiver? Does it mean I am giving up my right to recover damages in the event of a mishap?I would also ask if the company had insurance. If I sign a release of liability waiver and the company has no insurance;should I go on this balloon ride? Is it worth the risk? Do I have enough of my own insurance to cover any accidents? You didn't ask enough questions and the situation you now find yourself in is your own doing and nobody else's.
My last point,God forbid, if you were ever involved in an automobile accident and they found it was your fault and the courts got a judgement against you for $10,000,000 but you only had $1,000,000.00 in coverage; would you willing turn over your home,bank accounts,cars and all your worldly assets to satisfy that judgement. Think about it. Maybe we need to change some laws in this country.
Some other points I would like to make about insurance:
1) Just because a balloon company has insurance doesn't mean they are accident free. Most of the full time balloon ride operators I know pay their own claims so they don't get cancelled by their insurance company. 1 or 2 claims is all that an insurance company needs to cancel you. If you rely on having insurance to stay in business you don't turn in your claims. Fat cat insurance companys love this.
2) If you do have insurance it doesn't mean the insurance company is ever going to pay the claim. They are notorious for finding loopholes to get out of paying. One example would be if the balloon was 1 day out of annual inspection they could deny the claim.
3) Most balloon company only insure up to $100,000.00 per passenger just so that they can say they are insured. If you are badly injured what good is $100,000.00
4)Most states don't require balloon pilots to carry insurance so why should we?
Dan Stone
Balloons Over Charlotte
Charlotte,N.C.
***
Web Site by: DesignCarte
Below are comments e-mailed from viewers of this website. There are more posted in my guestbook: View Marcie's Guestbook
DEFAULT JUDGMENT AWARDED: $1.5 MILLION
See: Judgment
Ref: Cook V. Sprague dba Incredible Journey Balloons, Cause No 2003-cl-00661, in the 288th District Court, Bexar County, Texas.
SITE VISITOR COMMENTS - ARCHIVE DIRECTORY: 2004
05/2004
Marcie
I am a commercial balloon pilot with over 30 years experience. I just now happened upon your web site. I would just like to say I am very sorry about your accident. I do think, however, that you are being very unfair by directing the blame to the entire Commercial Balloon Ride industry.
You are the one who made the desision to take a balloon ride. You are the one who did not check out your pilot before trusting your life to him. You are the one who did not ask if he was insured. You are the one who had to know ballooning was not risk free by signing a waiver.
I assume the waiver stated that you would not hold the pilot liable if an accident occured. You are the one who did not ask enough questions about the risks. I did get the feeling that your web site with its nasty photos is designed to scare people from taking a balloon ride. You want to punish the balloon industry as a whole and you want to keep people from a very great experience because you picked the wrong pilot and you made the wrong decisions. You need to take responsibility for your own stupid actions and stop blaming everyone else.
I try to fly as safely as possible but accidents can happen. There is no pilot in the world that can assure you a 100% safe ride. I'm sure you know that people die in car crashes, people die in plane crashes, people die in boating accidents, people die SCUBA diving, people die skydiving, people die river rafting, people die crossing the street and people can and will die in balloon accidents and no amount of legistration will ever make any of these activities 100% safe. YOU MADE THE DESISION TO FLY YOU ASSUMED THE RISK GET OVER IT!!!
Dan Stone
Balloons Over Charlotte
Charlotte
***
April 10, 2004
From: Jim & Danielle Bolte [mailto:bolte@cox-internet.com]
Sent: Saturday, April 10, 2004 2:10 PM
To: Marcie Cook
Subject: Re: concerned pilot
Marcie
Please check into what needs to be your next step. In my mind you are getting real close to needing an aviation injury lawyer. I think all you will get out of the FAA or NTSB will be a change From INCIDENT to ACCIDENT. They will most likely not go back in time for punishment. Then you should be able to go after the pilot for false federal documents and liability for the accident if changed to that. You really need someone very sharp on this type of case. I am just a pilot who has been trained that there is an action in the FARs for everything we do as pilots. If you deviate from the FARs for other than an emergency you are in violation of the FARs. This does not refer to after an accident happens. That is covered by NTSB 830. The FARs are public material. I am not telling anything top secret although after an accident nobody tells the injured party of them. I fly friends and family members and I understand and take full responsibility for their safety as well as mine. I cover our balloon with more insurance then industry standard if something happens we have coverage.
Is this pilot still flying today? If he had no insurance at the time of the incident as he called it, what is the next step to hold him responsible? Please beware he may have the company incorporated and let it fail in a lawsuit and he will make another corporation and fly on. I cannot stress enough that you are getting real close to needing a good aviation lawyer.
We'll talk soon
Jim
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April 09, 2004
----- Original Message -----
From: Marcie Cook
To: 'Jim & Danielle Bolte'
Sent: Friday, April 09, 2004 5:54 PM
Subject: RE: concerned pilot
Thank you for writing & caring Jim.
Your letter was what I needed to take the next step.
This letter went out today to the 3 senators on the aviation committee.
Send me your address and I will mail you a copy of my book.
I will keep you posted of any results I receive.
Thanks again and enjoy the letter-Marcie
***
April 04, 2004
From: Jim & Danielle Bolte [mailto:bolte@cox-internet.com]
Sent: Sunday, April 04, 2004 4:36 AM
To: Marcie@mlmconsultant.com
Subject: concerned pilot
Marcie,
I was wondering how the FAA could call it minor injuries when they don't even show a definition of minor in the FARs (Federal aviation regulations) for NTSB 830 (Notification and reporting of aircraft accidents or incidents and overdue aircraft, and preservation of aircraft wreckage, mail, cargo, and records).
(word for word out of the manual)
Serious injury means any injury which; (1) Requires hospitalization for more than 48 hours, commencing within 7 days from the date of the injury was received;(2) results in a fracture of any bone (except simple fractures of fingers, toes, or nose); (3) causes severe hemorrhages, nerve, muscle, or tendon damage; (4) involves any internal organ; or (5) involves second- or third-degree burns, or any burns affecting more than 5 percent of the body surface.
How can they not call it serious?
(1) where you in the hospital for more than 48 hrs beginning within 7 days of your accident?
(2) Any bones (except simple fractures of fingers, toes, or nose) broken?
(3) Did it cause sever hemorrhages, nerve, muscle, or tendon damage?
(4) Did it involve any internal organ?
(5) Did it involve second- or third-degree burns, or any burns affecting more than 5 percent of the body surface?
If you say yes to any of the questions and can prove with records, how can it not be a serious injury?
?????????????????????
Aircraft accident means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.
Incident means an occurrence other than accident, associated with the operation of an aircraft, which affects or could affect the safety of operations.
On your web sight it shows (see documented accident report). When I pulled it up, that is a standard report and it was given an (incident) for event type. Also on the report it says activity; Pleasure?????? Someone paid money for a balloon ride???? It should be activity; commercial !!!!!
After an incident a pilot can get the aircraft fixed (if needed) and fly it within minutes if able. After an accident there is follow up investigation from the original preliminary report. A final report is filed when everything is checked.
Another term you won't find is (major). Major is used to define aircraft repair not injury. You are looking for serious injury.
I know you have been through allot but please keep in mind you have to know the right information before confronting the FAA. Fitting the appropriate verbiage was not the problem, you need to hit back with their own rule book. FAR is the bible we fly by.
One other thing is the report was created on 01/25/2002. If this is an accident which looks to me (I am a nobody) like the pilot was to notify the FAA under NTSB 830.5 (Immediate notification) 01/12/2002
Please email
Thanks Jim
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