The WCB filed the lawsuit Oct. 22 in B.C. Supreme Court against manufacturer Beechcraft Corporation. Also named in the suit are Pratt & Whitney Canada, which makes aircraft engines, and Raisbeck Engineering, which makes aircraft modifications. The WCB is suing the companies for negligence causing the deaths of pilot Luc Fortin and co-pilot Matthew Robic.
The lawsuit also names the federal government, saying Transport Canada was negligent for failing to address known problems of electrical systems causing fires after airplane crashes despite recommendations from the Transportation Safety Board.
The suit also claims Transport Canada was negligent in failing to force companies to deal with potential oil leaks from loose oil caps on the plane's engines.
None of the allegations have been proven in court.
The lawsuit comes two years after the fatal crash that killed the two pilots and injured seven passengers as the Kelownabound plane was returning to Vancouver International Airport to deal with an oil leak in one of the engines. The pilot lost control of the plane in the final moments of the flight and slammed into Russ Baker Way in Richmond, catching fire. Passersby rushed to help injured passengers out of the wreckage, saving their lives. But the pilots were trapped in the burning plane for longer. They both died of injuries caused by the fire.
In July, the Transportation Safety Board released its preliminary findings into the causes of the crash.
The report concluded both pilots of the plane could have survived their injuries from the crash, but were killed by the fire that engulfed the wreckage after impact.
That fire was concentrated in areas where the aircraft's electrical wiring was routed.
Since 2006, the safety board has recommended that Transport Canada adopt new standards including special switches for smaller planes that would cut power to electrical systems and reduce sources of ignition following crashes. So far, however, the government has not acted on those recommendations.
If Transport Canada had required the switches be installed, the pilots would have survived the accident, the lawsuit states.
Passengers who survived the crash have also called on the government to take action on the issue.
The Transportation Safety Board report pointed to a series of problems that caused the crash. An oil leak from one of the plane's engines happened after a cap was not properly secured. The airline company had also not adopted an optional modification offered by the engine manufacturer that would have dealt with the possibility of an unsecured oil cap. Pilots also did not take action after the oil leak was pointed out to them prior to take off.
The lawsuit launched this week blames Beechcraft for failing to adequately warn pilots of proper procedures they should follow when dealing with a loss of engine oil pressure.
The lawsuit alleges modifications to the aircraft done by Raisbeck "significantly increased the drag caused by an engine operating at reduced power" and "significantly increased" the minimum speed needed to maintain control when the plane was flying with only one engine working at full power.
The lawsuit is seeking damages on behalf of the pilots' families.
A spokeswoman from Beechcraft declined to comment on the lawsuit. Spokespersons for the federal justice department and Transport Canada also declined comment.
A West Vancouver woman who was a passenger on the plane also filed a suit recently against Northern Thunderbird Air Inc., the airline company.
Carolyn Cross had her seat come unbolted from the floor of the airplane from the force of the crash, according to the lawsuit.
Cross suffered multiple fractures and soft tissue injuries, mild brain injury and psychological injuries from the crash, according to her statement of claim.
Six other passengers, including a West Vancouver businessman, previously launched a similar suit against the airline.
- See more at: http://www.nsnews.com
Beechcraft 100 King Air, Northern Thunderbird Air, C-GXRX: Accident occurred October 27, 2011 - E of Vancouver International Airport, BC (YVR), Canada
Aviation Investigation Report A11P0149
The Transportation Safety Board of Canada (TSB) investigated this occurrence for the purpose of advancing transportation safety. It is not the function of the Board to assign fault or determine civil or criminal liability.
Loss of Control and Collision with Ground
Northern Thunderbird Air Inc.
Beechcraft King Air 100, C-GXRX
Vancouver International Airport
Richmond, British Columbia
27 October 2011
Summary
The Northern Thunderbird Air Incorporated Beechcraft King Air 100 (serial number B-36, registration C‑GXRX) departed Vancouver International Airport for Kelowna, British Columbia, with 7 passengers and 2 pilots on board. About 15 minutes after take-off, the flight diverted back to Vancouver because of an oil leak. No emergency was declared. At 1611 Pacific Daylight Time, when the aircraft was about 300 feet above ground level and about 0.5 statute miles from the runway, it suddenly banked left and pitched nose-down. The aircraft collided with the ground and caught fire before coming to rest on a roadway just outside of the airport fence. Passersby helped to evacuate 6 passengers; fire and rescue personnel rescued the remaining passenger and the pilots. The aircraft was destroyed, and all of the passengers were seriously injured. Both pilots succumbed to their injuries in hospital. The aircraft’s emergency locator transmitter had been removed.
Northern Thunderbird Air Incorporated (NT Air) operated from a fixed-base operator (FBO) at the Vancouver International Airport (CYVR). The aircraft had been in the hangar overnight, where it was inspected by NT Air maintenance personnel. A litre of oil was added to the left engine, and all items of the inspection were signed off as complete.
The captain came into the hangar at about 1420, spent approximately 2 minutes at the aircraft, then pulled the aircraft out of the hangar, where it was fuelled. The first officer (FO) joined the captain outside of the hangar while the aircraft was being fuelled. A complete pre-flight inspection of the aircraft was not conducted.
The flight was a sub-charter for a different carrier that operated from another FBO at CYVR. The aircraft’s engines were started, and the aircraft was taxied to the other FBO to pick up the passengers. During the loading of the passengers, a small puddle of oil under the left engine was pointed out to the pilots. The captain acknowledged the oil, but no further action was taken. The FO carried out the passenger briefing, which included a demonstration of the main-door operation. The aircraft departed the FBO at about 1535.
See full report: http://www.bst-tsb.gc.ca
NTSB Identification: ANC12WA007
Accident occurred Thursday, October 27, 2011 in Vancouver, Canada
Aircraft: , registration:
Injuries: Unavailable
This is preliminary information, subject to change, and may contain errors. The foreign authority was the source of this information.
On October 27, 2011, about 1600 pacific daylight time, a Beechcraft King Air 100, C-GXRX, operated by Northern Thunderbird Air, Inc. as a non-scheduled passenger flight, collided with terrain while attempting to land at the Vancouver International Airport, Vancouver, British Columbia, Canada. Visual meteorological conditions prevailed and an instrument flight rules flight plan was in effect. The airplane sustained substantial damage, and a postcrash fire ensued. The pilot was killed. The copilot, seven passengers, and two people on the ground were seriously injured.
The accident investigation is under the jurisdiction and control of the Canadian government. This report is for informational purposes only and contains only information released by or obtained from the Canadian government. Further information pertaining to this accident may be obtained from:
Transportation Safety Board of Canada
200 Promenade du Portage
Place du Centre, 4th Floor
Hull, Quebec K1A 1K8
Canada
Tel.: (1) 819-994-4252
(1) 819-997-7887 (24 hour)
E-mail: airops@tsb.gc.ca
Fax: (1) 819-953-9586
Website: http://www.tsb.gc.ca
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