Orlando Rogers
The Newton Abbot family of a former Royal Marine captain who was killed when he was a passenger in a aircraft are hailing a victory in the latest round of legal proceedings at the High Court to seek compensation for his death.
Orlando Rogers, who was a passenger in a vintage Tiger Moth bi-plane, was killed when the plane crashed on May 15, 2011.
Scott Hoyle, the pilot, was seriously injured but survived.
The mother and sister of Orlando, Julia and Jade Rogers, are bringing a claim on behalf of his estate and dependents, against Mr Hoyle (and his aviation insurers at Lloyds of London), claiming damages for his death which they attribute to Mr Hoyle's alleged negligence.
In the latest hearing, an appeal judge has agreed with an earlier decision that what they believe is a key piece of evidence is admissible in the case.
James Healy-Pratt and Sarah Stewart, of the aviation team at Stewarts Law LLP, represent the Rogers family.
Mr Healy-Pratt, said: "This decision is a real victory for the Rogers family, and the memory of their son Orlando.
"It will have wider benefit to all families who lose loved ones, and those who survive with injuries, in other aviation accident cases and whom wish to improve air safety following tragic aviation accidents."
The family believe the report from the Air Accident Investigation Branch is vital to their claim that Mr Hoyle was undertaking a spin he was not trained to manoeuvre.
Mr Hoyle denies he is to blame.
The AAIB investigated the accident and on June 14, 2012, published openly its official accident report.
Information in that report included that the aircraft 'was seen by observers on the ground to pull up into a loop and during the manoeuvre it entered a spin from which it did not recover. The manoeuvre started at 1,500ft agl (above ground level) and there was insufficient height for the pilot to recover from the subsequent spin'.
The Rogers family have claimed in High Court proceedings that they wish to rely on the AAIB official accident report as evidence.
The Lloyds of London aviation insurers (QBE and others) defending Mr Hoyle disagreed with this, and fought the Rogers family to have the AAIB official published accident report excluded from evidence.
In 2013, the family won in a High Court hearing that the published accident report was admissible.
The Lloyds of London aviation insurers then appealed this decision to the Court of Appeal.
At that stage, the Department of Transport and the airline trade body, the International Airline Transport Association, also joined in asking the Court of Appeal to find against the Rogers family and to exclude the report.
However, the Rogers family won the appeal, and succeeded in getting the Court of Appeal to confirm their earlier victory in the High Court.
In hearing the decision, the family said, "We are very pleased that the Court of Appeal has seen how helpful the work of the AAIB can be to assist with the facts of an air disaster.
"We are also comforted by the fact that this will assist not only our own case but also future victims of air crashes.
"Our aviation lawyers, Stewarts Law, will now be able to continue with our civil claim as we seek justice for the loss of Orlando in such tragic circumstances."
Story and photo: http://www.torquayheraldexpress.co.uk
de Havilland DH.82A Tiger Moth, G-AOIL
Synopsis
The pilot and a passenger were on a local pleasure flight. The aircraft was seen by observers on the ground to pull up into a loop and during the manoeuvre it entered a spin from which it did not recover. The pilot was not formally trained in aerobatics and had limited experience of spin recovery. The manoeuvre started at 1,500 feet agl and there was insufficient height for the pilot to recover from the subsequent spin. The passenger was seriously injured and died later the same day in hospital. The pilot, who was also seriously injured, survived.
Air Accidents Investigation Branch: http://www.aaib.gov.uk
Civil Aviation Authority - Registration History: http://www.caa.co.uk
