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Legal Maze for Victims of Rescue Helicopter Crash
By Robert Warne - September 5, 2001

Three unique legal challenges have emerged out of a 1998 rescue helicopter tragedy. The helicopter crash occurred in Griffith Park when en route to rush an 11 year old girl from the scene of a car accident to Children’s Hospital. The girl, and three crew members were killed in the accident caused by the separation of the tail rotor from the aircraft. The pilot and one other crew member survived the crash.

The two survivors, the three widows and the parents of the 11 year old girl are all seeking to sue Bell Helicopter Textron Inc., the helicopter’s manufacturer. A federal law known as the General Aviation Revitalization Act of 1994 prevents survivors of crashes from obtaining monetary damages from the manufacturer if the aircraft had been used for 18 or more years. The helicopter in this case was 22 years old.

One exception to the law has opened the door for the parents of Norma Vides, the 11 year old victim, to proceed with their case. The exception permits the suit on the grounds that since the victim was being transported for medical attention, she had no choice in what vehicle she’d be transported.

The two surviving crew members are seeking to sue Bell through other exceptions provided in the General Aviation Revitalization Act. One claim is that the manufacturer committed fraud by concealing safety information from the Federal Aviation Administration. The argument is that the manufacturer was aware of the tail rotor defect prior to the crash and didn’t report the problem to the FAA. The distinction to be decided in court will be whether Bell was required to report known problems with parts in military aircraft to the FAA, that were also used in civilian aircraft?

In the wrongful-death claims against Bell brought by the widows of the three crew members killed in the crash, the judge ruled the manufacturer wasn’t required to alert FAA to problems in military aircraft. This decision by Judge Rodney E. Nelson in Los Angeles Superior Court, Aug. 23, is now being appealed in the Second District Court of Appeals in Los Angeles.

The surviving crew members and the families of the crew members killed are covered by workers’ compensation since they were on duty at the time of the crash. They are legally bared from suing the city or the Fire Department.

The pilot Steven L. Robinson is back on the job as a pilot for the Fire Department. Dennis Silgen has taken a disability retirement. The three firefighters killed were Michael A. Butler, Eric F. Reiner and Michael D. McComb.

 
 

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