Case details

Pilot error, not design defect, caused crash, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
multiple traumatic injuries
FACTS
On Oct. 11, 2012, plaintiffs’ decedents Rusty Aaron, 26, an oil field production and sales manager, and Kaci Fairchild, 29, a safety and human resources manager, were passengers on a business-related helicopter flight from Fredericksburg, Texas, to Sequin, Texas. During the flight, the pilot lost control of the Robinson R44 helicopter and impacted the hilly terrain near Blanco, Texas. The pilot, Aaron and Fairchild were all killed in the crash. Aaron’s parents and Fairchild’s husband sued the manufacturer of the helicopter, Robinson Helicopter Co. Inc. They alleged that Robinson Helicopter defectively designed the subject helicopter and failed to provide adequate warnings. They also alleged that Robinson Helicopter’s negligence caused the wrongful death of Aaron and Fairchild. A helicopter flight school and tour company, Veracity Aviation LLC, and a helicopter leasing company, Eric A. Spitzer LLC, were also initially sued, but the companies were ultimately out of the case prior to trial. Thus, the matter proceeded to trial against Robinson Helicopter only. Plaintiffs’ counsel contended that the helicopter’s drive system was defective in design, causing a mechanical failure that led to the helicopter losing power to the main rotor blades in flight and resulting in the crash. Counsel argued that the pilot attempted a last ditch autorotation, but that the attempt failed due to the defective design of the helicopter and a lack of proper warnings regarding emergency procedures. Defense counsel argued that the crash was a result of pilot error. Counsel contended that the pilot made a series of poor decisions during the flight, culminating in a final error in judgment, in deciding to take off on the final leg of the flight at night, and flying into an area of low clouds, possible fog and poor visibility. Counsel further contended that the loss of visibility and the pilot’s reference to the horizon resulted in the pilot becoming spatially disoriented, losing control of the helicopter, and causing the impact., Rusty Aaron, Kaci Fairchild, and the pilot of the helicopter were believed to have taken off at about 7:30 p.m. on Oct. 11, 2012, but the helicopter’s emergency beacon was activated about a half-hour later. They sustained multiple traumatic and were killed upon impact. Aaron was 26 and Fairchild was 29. Plaintiffs Melinda and Ray Aaron, the parents of Rusty Aaron, and Travis Fairchild, the husband of Kaci Fairchild, sought recovery of wrongful death damages. At trial, the plaintiffs sought approximately $3 million in total economic loss and “several times that” in non-economic damages. They also sought recovery of punitive damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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