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Case of 2008 Crash of Bell Chopper in Peru Revived in Oregon Court

aviation
Echoes of a crash of a helicopter in Peru in 2008 are being felt in Multnomah County, Oregon in 2016.

In the crash, while surveying for oil, two pilots and eight Rio Tinto employees were killed when they impacted a mountain in the Andes. Parties in Peru could not agree if there was mechanical failure. The flight also encountered bad weather.

The helicopter was leased by Evergreen International Aviation Helicopters which was based in McMinnville, in Multnomah County. Evergreen’s parent company filed for bankruptcy in 2015, but sold the helicopters division to Erickson Air Crane.

Officially, on March 3, 2008 the Bell 412EP #N417EV, owned by Evergreen Helicopters, Incorporated, and operated by Helinka S.A.C. impacted the Andes mountains 10 nautical miles west of Santa Cruz, Cajamarca, Peru. The United States certificated airline transport pilot, the Peruvian provisional co-pilot, and 10 passengers were fatally injured. According to the NTSB, the helicopter was operating on a company visual flight rules flight plan under Peruvian flight regulations. Eight miners from the Rio Tinto mine were en route to Chiclayo. The helicopter impacted about 3,500 feet above sea level, and was further destroyed by fire at 6 degrees, 38 minutes south latitude, 79 degrees, 10.5 minutes west longitude.

Lawyers initially filed the case in Multnomah County Circuit Court but it was dismissed. At the time, the court decided Peru was the better location for litigation.

Lawyers appealed, and the Oregon Court of Appeals sent the case back to Multnomah.

$27.7 M. Awarded to Pilot Injured in Plane Crash

arbitration
In Kedrowski v. Valters Aviation, Lycoming et al. $27.7 m. in compensation was awarded to Mahtomedi Minnesota’s Mark Kedrowski, after faulty airplane parts in the plane he was piloting caused a crash that changed his life. Any time an accident results in amputation, the medical bills, prosthetics, and compensating technologies result in escalating medical bills. The award will will enable Kedrowski to deal with lifetime costs resulting from the accident.

On September 3, 2010, Mark had been flying a Kwech GLASAIR RG SUPER 11S airplane. It crashed near lake Elmo Minnesota. After the accident, Kedrowski was found trapped in the plane, still in his seat belt. Kedrowski held a FAA private pilot certificate with airplane single engine land and instrument ratings and a third-class medical certificate.

Kedrowski’s case was handled in Ramsey County. Lycoming Engine denied that their malfunctioning fuel pump was responsible.

Samuel DuBose: $4,850,000 Wrongful Death Settlement

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The settlement over Samuel DuBose’s Wrongful Death in police custody is $4,850,000 plus free undergraduate education for the deceased’s twelve children. DuBose was shot by Police Officer Ray Tensing during a traffic stop. Dubose was shot on Rice Street near Thill Street in the Mount Auburn district after being stopped for not having front license plates. On July 29, Tensing was indicted on charges of murder and voluntary manslaughter.

The agreement was announced on Martin Luther King Jr. Day. DuBose’s sister, Terina DuBose-Allen said “We’re not happy, we’re not satisfied – those aren’t the words. The settlement means we’re moving forward and we can heal.”

In addition to payment to the DuBose family of $4.85 million and tuition, the settlement includes a memorial to DuBose,an apology from the UC President,and an invitation for DuBose’s family to participate in Community Advisory Committee meetings.

Girardi|Keese Lawyers are three of California’s best plaintiff attorneys

Los Angeles, CA — (ReleaseWire) — 08/14/2015 — Wrongful Death Consultants offers congratulations to the firm of Girardi|Keese for cultivating the character of excellence, and consequently achieving recognition . Thomas V. Girardi, Amy F. Solomon, and David R. Lira were chosen three of the twenty-five top plaintiff lawyers in California by the Daily Journal in its first special issue devoted to Plaintiff attorneys.

The focus of Girardi|Keese is to “help David fight Goliath” but make no mistake. Girardi|Keese is itself a giant in California Law. As defenders of victims, these plaintiff lawyers excel at fighting in the big leagues against foes like Pacific Gas & Electric, El Paso Gas, Sempra Energy, Exxon, Shell, Ford Motor Company, and the Walt Disney Company, to name just a few. Longtime baseball fan, Tom Girardi, hit an $18 million home run in Dodger stadium for assault victim Bryan Stowe. We know personally that Girardi|Keese eclipses all others in fighting for the families of victims of high profile international aviation crash cases. Across the board, the firm has recovered more than $10 billion for their clients.

The common theme among G|K lawyers is a dedication to having a positive impact. According to Thomas V. Girardi, “The great part about being a trial lawyer, you can definitely help sometimes, to clear up a problem, so that maybe it won’t hurt other people.” Amy F. Solomon’s intent is to insure client’s voices don’t go unheard. David R. Lira’s ambition is that his advocacy will bring about positive change.

Wrongful Death Associates are not lawyers, but we work with lawyers, and we know lawyers. We concur with the Daily Journal’s assessment. Congratulations Tom, Amy and David!

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Counting the Increasing Number of Victims: Hercules Crash in Indonesia

aviation
One hundred and forty-two people (so far) were determined to have been killed by the Indonesian AF Lockheed C-130B Hercules that just crashed into a residential neighbourhood near Medan-Soewondo Air Force Base, Tuesday June 30. However fewer than that number were supposed to be aboard the plane. Initial numbers released were 12 crew and 101 passengers. Families said their relatives had paid to be on the aircraft, but that is in violation of Indonesian military regulations. Some of the twenty-nine additional bodies recovered from the wreckage may have been in the buildings that were impacted, but some were unauthorized passengers.

I wonder about compensation for those unofficial passengers–if they will get less or more as a consequence. They (maybe) thought they had legitimate tickets. In any case, they are just as dead as everyone else. Likely there will be punitive measures taken, but broken rules are not necessarily broken law. How will investigators determine who profited from those fraudulent tickets or instead, will the military be punished for poor oversight? This all remains to be seen. Let us hope that compensation for those families left behind will be just. Insurance companies use a compensation formula that covers pain suffered by those on board, and is determined by factors like age, dependents and earning potential. The international treaty known as the Montreal Convention guarantees a (floating) minimum level of compensation for families; but sometimes the operator, (like Lufthansa, for example, in the case of the Germanwings crash) will try to get by with paying less.

But we should not ever lose sight of the horror of this accident. Yesterday morning, one hundred and forty-two people were alive, and full of promise. Today they are history.

Wrongful death: Sixteen year old in Rollover, Ejected, Struck, Died

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Sixteen year old Jasmine Tena was run over by a car Sunday night on State Road 429 in Apopka Florida after she was thrown from a Ford Expedition that rolled over the median. There is a funeral expense fund for Jasmine’s family on Gofundme.

The Apopka police expect there should be significant damage to the front of the vehicle that ran over Jasmine. She had been a passenger in the Expedition driven by 19-year-old Teodora Llanas Jr. 19-year-old Demetrio Rangel, was another passenger injured in the crash.

Llanas was treated and released from Orlando Regional Medical Center. Rangel was listed in critical but stable condition Monday at ORMC.

Tena wanted to be a cosmologist.

If you have any information on this crash, can id the vehicle that left the scene, contact the Apopka Police Department at (407) 703-1771 or Crimeline at (800) 423-TIPS (8477).

Family of Motorist in Deadly Metro-North Crash Lawsuit

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Ellen Brody and five train passengers were killed on Feb. 3 crash after Brody’s SUV stopped on the tracks near Valhalla, New York on the service’s Harlem Line. Brody’s family says the crossing where the accident happened is unsafe and filed 2 notices of claim, one against Metro North, the Metropolitan Transportation Authority, Westchester County, and Mount Pleasant, New York; and a second claim against New York state.The hazardous nature of the railroad crossing and restricted line of sight trapped Brody, leading to her death. In 1984, another accident occurred at the same location. Damages in a case like this may include compensation for both non-economic and economic losses.

Helia Healthcare Nursing homes Seek Detailed Statement

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Two nursing homes accused of neglecting an elderly woman, Dorothy Hughes, allegedly leading to her death seek more definitive statements. Hughes was living at Helia Healthcare of Energy from October 2012 through December 2012 where employees allowed her to suffer from dehydration, loss of cognitive skills, loss of social skills, depression, urinary tract infection, pneumonia, malnutrition, weight loss and injuries from falling. In all eight counts, the plaintiff claims negligence caused the decedent to suffer injuries from falling.The complaint includes 46 allegations of negligence. Lawyers seeks judgment of more than $400,000, plus attorney fees and costs.

Fiat Ordered To Pay $150 Million

Fiat Chrysler Automobiles was ordered to pay $150 million to the family of a four year old boy, Remington Walden. The 1999 Jeep Grand Cherokee he was in was struck from behind, and caught fire. About seventy-five people have died in the Jeep Grand Cherokee on ignition of the fuel tank in such a dangerous location.

Fiat Chrysler Automobiles plans to appeal.

The jury held the company 99% responsible for the accident.

The driver who struck the Jeep was sentenced to 8 years in prison.

Germanwings Compensation Up In The Air

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Andreas Lubitz, the pilot of Germanwings Flight 9525 was hiding an illness. What kind of illness it was has not been made public. Company policy requires they be notified of medical conditions such as mental illness that could affect flying or a pilot’s license.

As the co-pilot deliberately locked out the pilot, and crashed the plane after diverting autopilot’s path to crash into the French Alps, France is considering charging Lufthansa with manslaughter of the 150 aboard. If found guilty, that would mean compensation additional to what Allianz and other co-insurers are estimating the cost of Germanwings Flight 9525 could be. It could top a billion even without criminal charges..

(In the U.S., it would have amounted to as much as three times that.)

It will take over a year to settle, and the amount of payment to each family will be contingent on each country’s laws, as well as the Montreal Treaty. James Healy-Pratt (London’s Stewarts Law LLP) said between Germany, the US and France, German law has the lowest compensation rate.

Compensation amounts are figured by a specific formula and contingent on age and employment as well as country. An unemployed victim’s family could receive less than $100,000 as opposed to that of a high-income provider who could get over a million.

Watch this great explanation below of implementation of aviation compensation law based on what is known as the Montreal Treaty. The airline has to prove it did nothing wrong.