Nearly a year after a small plane crashed into Apex Mountain, killing all four people aboard, the families of two of the victims are suing the estate of the pilot for damages.
On Aug. 17 last year a Piper Comanche single-engine aircraft crashed into the mountain shortly after takeoff from Penticton Airport.
The pilot, Rama Jesus Tello, 36, his brother, Maya Paulo Nicholas Tello-Wrigley, 21, and their friends, Salem Dedovic, 30, and Jasson Kevin Christopher Patrick Minor, 35, all perished.
In a lawsuit filed in B.C. Supreme Court, Brittney Bubica, a medical lab assistant and the wife of Minor, claims that the accident was caused by the negligence of the pilot.
Asima Dedovic, a long-term care aide and the mother of Salem Dedovic, has also filed suit claiming negligence on the part of Tello.
The two suits outline a number of particulars of negligence, including that Tello failed to take into account the effects that air temperature and density altitude would have on the aircraft’s performance.
They also allege that the pilot failed to adequately familiarize himself with the mountainous terrain and failed to ensure the aircraft was in good mechanical order.
As a result of the deaths, the plaintiffs claim they have incurred expenses and have suffered and will continue in the future to suffer, a loss of love, guidance and affection, financial support and services.
They’re seeking relief for loss of financial support as well as special damages.
The suits note that Azula April Houghton and Mario Javier Tello, the executors of Tello’s estate, are the mother and father of the pilot and that they obtained probate out of the Victoria court registry.
Deanna Rivers, a Victoria lawyer representing the estate, said the lawsuit had not yet been served and had no comment.
“Certainly once I have a chance to review it and get instructions from my client, I may have a comment, or not, depending on what those instructions are.”
A civil claim contains allegations that have not been proven in court.
A massive search was launched and the wreckage of the plane was only discovered eight days after the accident.
In October last year, an investigation by the Transportation Safety Board revealed that the plane was at or over its weight limit.
Source: http://www.theprovince.com
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