United Technologies Corp.
and Textron Inc. lost a bid to dismiss a wrongful-death lawsuit when a
federal judge ruled that Pennsylvania wasn’t an unreasonable location to
try a U.K. helicopter-crash case.
The accident happened Sept.
22, 2009, north of Liverpool, when a helicopter made by United
Technologies’ Schweizer unit and powered by a Textron-Lycoming engine
experienced an alleged equipment failure and fell to the ground, killing
flight instructor Steven Lewis and student pilot Philip Gray, according
to court papers.
Schweizer and Lycoming are both located in
Pennsylvania, the wreckage has been shipped to Delaware, and producing
technical witnesses and documents in the U.K. “would be much more costly
and less convenient than producing them in Philadelphia,” U.S. District
Judge Harvey Bartle wrote in a 21- page ruling yesterday.
The
lawsuit, citing product liability and negligence, was filed in the
Philadelphia Court of Common Pleas in September 2011 before being
transferred to federal court. Representatives of the Lewis and Gray
estates are seeking a jury trial and unspecified damages.
Lewis,
38, and Gray, 46, were flying on a clear, dry day when the engine of the
Schweizer 269C-1 lost power, according to an article about the case
published by the Liverpool Daily Post on April 13, 2011.
Daniel
Rose, a plaintiffs’ lawyer, said Bartle’s opinion was “well reasoned and
objective,” and he looks forward to “getting to the merits” of the
case.
Catherine Slavin, representing Providence, Rhode Island-
based Textron, and James Stroud, representing Hartford,
Connecticut-based United Technologies, didn’t immediately return e-mail
messages seeking comment on the ruling.
The case is Lewis v. Lycoming, 11-cv-6475, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).
Source: http://www.bloomberg.com
NTSB Identification: CEN09WA598
14 CFR Non-U.S., Non-Commercial
Accident occurred Tuesday, September 22, 2009 in Blackpool, United Kingdom
Aircraft: SCHWEIZER 269C, registration: G-LINX
Injuries: 2 Fatal.
The foreign authority was the source of this information.
On September 22, 2009, at 1104 universal coordinated time, a Schweizer 269C helicopter, United Kingdom registered G-LINX, registered to Heli-Lynx Limited, was destroyed when it impacted terrain near Blackpool, Lancashire, England. Visual meteorological conditions prevailed at the time of the accident. The pilot and passenger were fatally injured. The accident flight originated from Blackpool.
The accident investigation is under the jurisdiction and control of the Air Accidents Investigation Branch (AAIB). This report is for informational purposes only and contains only information released by or obtained from the government of the United Kingdom. Further information pertaining to this accident may be obtained from:
Air Accidents Investigation Branch
Department for Transport
Farnborough House
Berkshire Copse Road
Aldershot, Hampshire
GU11 2HH, United Kingdom
Tel: +44 (0) 1252 510300
Email: investigations@aaib.gov.uk
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