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Helicopter Crash Survivor Awarded 4.5 Million

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    Jury Awards 2008 Helicopter Crash Victims, GE Loses $177 million Judgment

    What: GE Engines in Sikorsky S-61N helicopter
    Where: Portland Courtroom
    When: Aug. 5, 2008 crash, March 28, 2012 Jury decision
    Who: 9 crash fatalities
    Why: The Aug. 5, 2008 crash occurred after a loss of power in the No. 2 engine shortly after takeoff from a nearly 6,000-foot-high mountaintop in the Shasta-Trinity National Forest.

    Co-pilot William Coultas of Cave Junction, his wife, Chris, and the widow of pilot Roark Schwanenberg, 54, of Lostine were awarded $37 million and his wife $4.3 million by the jury, while the estate of Schwanenberg was awarded $28.4 million, according to The Associated Press. The jury placed 57 percent of the blame on GE, but also found the helicopter’s owner and its manufacturer partially at fault. Coultas is the only surviving crewman.

    Fatalities include David Steele, 19, Ashland; Shawn Blazer, 30, Medford; Scott Charlson, 25, Phoenix; Matthew Hammer, 23, Grants Pass; Edrik Gomez, 19, Ashland; Bryan Rich, 29, Medford; and Steven “Caleb” Renno, 21, Cave Junction; U.S. Forest Service check pilot Jim Ramage, 63, of Redding, Calif.. Richard Schroeder Jr., Jonathan Frohreich and Michael Brown survived with injuries.

    The case hinged on a problem with the engine’s fuel control valve. Evidence included a GE internal email from Aug. 6, 2008 discussing the size of the fuel filter, noting that the military version removes much smaller particles than the commercial version.

    Official NTSB Report:
    On August 5, 2008, about 1941 Pacific daylight time, a Sikorsky S-61N helicopter, N612AZ, impacted trees and terrain during the initial climb after takeoff from Helispot 44 (H-44), located at an elevation of about 6,000 feet in mountainous terrain near Weaverville, California. The pilot-in-command, the safety crewmember, and seven firefighters were fatally injured; the copilot and three firefighters were seriously injured. Impact forces and a postcrash fire destroyed the helicopter, which was being operated by the U.S. Forest Service (USFS) as a public flight to transport firefighters from H-44 to another helispot. The USFS had contracted with Carson Helicopters, Inc. (CHI) of Grants Pass, Oregon, for the services of the helicopter, which was registered to CHI and leased to Carson Helicopter Services, Inc. of Grants Pass. Visual meteorological conditions prevailed at the time of the accident, and a company visual flight rules flight plan had been filed.

    The National Transportation Safety Board determines the probable cause(s) of this accident as follows:

    The following actions by Carson Helicopters: 1) the intentional understatement of the helicopter’s empty weight, 2) the alteration of the power available chart to exaggerate the helicopter’s lift capability, and 3) the practice of using unapproved above-minimum specification torque in performance calculations that, collectively, resulted in the pilots relying on performance calculations that significantly overestimated the helicopter’s load-carrying capacity and did not provide an adequate performance margin for a successful takeoff; and insufficient oversight by the U.S. Forest Service and the Federal Aviation Administration.

    Contributing to the accident was the failure of the flight crewmembers to address the fact that the helicopter had approached its maximum performance capability on their two prior departures from the accident site because they were accustomed to operating at the limit of the helicopter’s performance.

    Contributing to the fatalities were the immediate, intense fire that resulted from the spillage of fuel upon impact from the fuel tanks that were not crash resistant, the separation from the floor of the cabin seats that were not crash resistant, and the use of an inappropriate release mechanism on the cabin seat restraints.

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    March 2007: Yogyakarta Crash Landing

    This is the sad story of Marwoto Komar, a pilot with 22 years of flight experience.

    In March 2007, he piloted a Boeing 737-400 with 140 passengers on board which crashed on landing at the Yogyakarta airport. The plane came in for landing too high and too fast, and although the co-pilot called for a go-around, he landed on that pass anyway. The Boeing overran the runway and caught fire. Twenty-one people died in that crash.

    The* IFALPA position is that criminalisation of individuals does not improve air safety.

    In July 2008 he was arrested, tried and found guilty of negligence.

    An Indonesian court sentenced Komar to two years imprisonment for his role in the crash.

    * International Federation of Air Line Pilots Associations

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    George’s Point of View

    You make a mistake.
    People get killed.
    You go to jail.

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    Five Manslaughter Convictions in Air Crash

    In October 2001, in thick fog, a Copenhagen-bound SAS airliner ploughed into a Cessna business jet as the airliner was taking off resulting in the deaths of 118 people in 2001 in Italy’s worst air disaster. Italy’s top tribunal, The Cassation Court, acquitted two senior airport officials who stood trial for the Milan’s Linate airport crash. The SAS plane slammed into a baggage hangar and burst into flames. All on board both planes died, plus four people in the hangar.

    Paolo Pettinaroli, spokesperson of an association of relatives of the victims, said he was “happy with the confirmation of the convictions, but I did not expect that they would acquit those responsible for the airports’ security…It was shameful then, and it is still today.”

    Following the disaster, the airfield was found to have safety shortcomings, and lacked a functioning ground radar system. The July 2006 Milan appeals court findings of multiple manslaughter as well as negligent disaster were upheld. Investigations verified that runway signs were confusing; the control tower failed to ask the business plane’s pilot to read back his instructions, ground radar was out of operation and safety procedures were poorly followed.

    Details of the accident
    In the fog, the private Cessna invaded the runway of SAS flight 686 which committed to take off. The collision at 270.5 km/h crashed the Cessna, instantly killing the four passengers. The MD-87 lost the right engine and debris from the Cessna weakened the left engine. Commander Joakim Gustafsson could not end the takeoff phase so he was forced to carry out a perfect textbook emergency landing. However the MD-87 crashed into the baggage hanger at around 260 km/h, bursting into flames, killing 110 passengers and four workers in the building. The only survivor was Pasquale Padovano, an employee of SEA, Milan’s airport management company. Italians, Swedes, Danes, Finns, Norwegians, a Romanian, a Briton, a South African and an American were killed.

    Upheld was:

    • a 6 year prison sentence for former head of air traffic control authority ENAV, Sandro Gualano. He received the longest prison term.
    • a 3 year sentence for Paolo Zacchetti, air traffic controller
    • a four-year, four-month sentence for Fabio Marzocca’s Former ENAV director general
    • a 3 year 3 month sentence for Lorenzo Grecchi, former official with the SEA airports agency,
    • a 3 year 3 month sentence for Antonio Cavanna, former official with the SEA airports agency

    Angelo Di Popolo, deputy prosecutor of the Cassation, requested cancellation of the acquittals for the ex-director of Linate airport Vincenzo Fusco (current ENAC director in the airport of Alghero-Fertilia), and the ex-director of the Milan airports, Francesco Federico (now ENAC director of the “Sandro Pertini” airport of Turin).

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    Plane Ticket Prices in US Court of Appeals

    New Consumer protection ruling from the US Court of Appeals now requires the ticket total must be displayed in the largest type size and be the most prominent price in an ad or Web page, that airlines allow consumers who purchase tickets more than a week in advance to cancel reservations without penalty within 24 hours after purchase, and airlines are banned from increasing the price of tickets or baggage fees after tickets have been bought.

    The 2011 rules say that the price shown in an ad must be “the entire price to be paid by the customer.”

    The case had been brought by Allegiant Travel Co (ALGT.O), Southwest Airlines Co (LUV.N) and Spirit Airlines Inc (SAVE.O), and was supported by the industry’s trade association.

    Consumers have been unable to comparison shop ticket prices since 2008, when airlines began charging fees for services that previously had been included.

    The industry’s trade association does want consumers to know that taxes and government fees make up about 20 percent of a ticket’s total price.

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    Spanair Update

    Madrid Superior Court Judge Juan Javier Perez is questioning three mechanics in relation to the Spanair plane crash. The purpose of the inquisition is to decide if there is a question of criminal accountability (manslaughter) for mistakes that lead to air disasters. To date, the only problem pinned down on the plane is with the plane’s wing flaps and the failure of a cockpit alarm.

    The plane’s take-off warning system is supposed to be checked before every flight; it is supposed to warn pilots when planes properly configured for takeoff. Legally, the system is looking for someone to blame. However, some believe that getting caught up in blame clouds the larger issue of developing safety checks and balances.

    Air Crash News and Information Urls

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    MH17 Crash: Mother of German Victim Sues Ukrainian Government

    Malaysia AirlinesMother of a German victim of the Malaysia Airlines flight MH17 has sued the Ukrainian government for keeping the airspace open during military conflict.

    The MH17, en-route from Amsterdam to Kuala Lumpur, crashed on July 17 in the Ukrainian airspace. It is presumed that the plane crashed after it was shot by a surface-to-air missile fired from Donetsk region of Ukraine. All 298 people aboard the plane were killed in the crash.

    According to media reports, the mother of a German victim has claimed that the government of Ukraine did not close the airspace during military conflict because of millions of dollars which the country makes through foreign commercial flights. She has filed the case in the European Court of Human Rights, asking for about $1 million as a compensation for the suffering she had to endure.

    Renowned German lawyer Elmar Giemula, who is a professor of aviation law, will be presenting the case in court.

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