League City resident Farida Hill sued Thomas Craig Hill in the Galveston County 56th District Court in August, accusing the defendant of flying a 1946 Piper Cub J3 aircraft on July 12, 2009 that crashed. The original petition asserted the crash injured the pilot’s younger passenger, on whose behalf the plaintiff pursued legal action.
Thomas Craig Hill formally refuted the claims the same day the litigation began.
The parties on Oct. 12 entered into a Compromise, Settlement, Indemnity and Release Agreement. Under the terms of the agreement, they consented to settle the two-month-old case for $100,000, with $55,307 earmarked for the unnamed child and $30,693 set aside for medical expenses.
Galveston County 56th District Court Judge Lonnie Cox issued an order approving the settlement on behalf of the minor child.
Attorney Shawn R. Casey of the Law Offices of Shawn R. Casey in Houston represented Farida Hill while attorney Guy Hubert Riddle of the law firm Anderson & Riddle LLP in Fort Worth served as Thomas Craig Hill’s counsel.
Galveston County 56th District Court Case No. 15-CV-844
14 CFR Part 91: General Aviation
Accident occurred Sunday, July 12, 2009 in Porter, TX
Probable Cause Approval Date: 11/09/2009
Aircraft: PIPER J3C-65, registration: N70455
Injuries: 2 Minor.
NTSB investigators used data provided by various entities, including, but not limited to, the Federal Aviation Administration and/or the operator and did not travel in support of this investigation to prepare this aircraft accident report.
The pilot noticed a significant loss of engine power while maneuvering on a local area flight. The pilot began looking for a suitable place to land and noticed a sandbar along a river. As he approached the river he applied carburetor heat and the engine power began to recover. At this time the airplane was at tree top level along the river when the pilot noticed wires crossing the river. The pilot was unable to reestablish a climb and avoid the wires. The airplane struck the wires and impacted inverted on the sandbar. The pilot and passenger received minor injuries. Weather conditions at the time of the accident were conducive to carburetor icing at cruise and glide power settings with a temperature of 34 degrees Celsius and dew point of 23 degrees Celsius. According to a Federal Aviation Administration inspector on scene, there were no pre-impact anomalies noted.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The partial loss of engine power due to carburetor icing resulting in the pilot's inability to clear the wires.
Farida Hill’s lawsuit, filed Aug. 14 in the Galveston County 56th District Court, shows Thomas Craig Hill piloted a 1946 Piper Cub J3 aircraft with Z.H. as his passenger on July 12, 2009.
The suit says the Piper’s engine experienced “a catastrophic failure which resulted in the loss of engine power and ultimately a crash landing.”
“(Thomas Craig Hill) attempted an emergency landing, but struck a power line which caused the aircraft to immediately lose control and impact the ground,” the original petition states.
It adds Z.H. sustained injuries and damages as a result of the crash in question. Farida Hill says she amassed medical bills on behalf of the minor.
The defendant is faulted for failing to maintain the aircraft in an airworthy condition in order to ensure the safety of its passengers.
Consequently, Farida Hill seeks unspecified monetary damages.
She is represented by attorney Shawn R. Casey of the Law Offices of Shawn R. Casey in Houston.
Galveston County 56th District Court Case No. 15-CV-844
- Source: http://setexasrecord.com
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