Wednesday, April 4, 2018

Rockwell 700, C-GBCM: Survivors sue pilot





Three people who survived what they describe as a “near-death” plane crash near Kelowna nearly two years ago are suing the pilot for damages.

Kimberley Anne Stefanski, Kelly Dean Mulzet and Gracemary Stevens hired pilot Brent Miskuski to fly them from Lake Havasu, Arizona to Kelowna on May 31, 2016.

After stopping at Boise Airport in Idaho, the plane took off again and on its way to Kelowna, its left engine shut down. A short time later, its right engine shut down, leaving the aircraft without any power, according to a lawsuit filed in B.C. Supreme Court.

The airplane went into a steep descent and crash-landed in a Christmas tree farm in Beaverdell, southeast of Kelowna. The wings of the small Rockwell Commander 700 aircraft were destroyed in the crash.

“During the crash-landing each of the passengers’ heads and bodies were violently shaken and bounced around,” says the lawsuit.

“Each of the passengers believed the airplane was crashing and that their deaths were imminent. When the passengers realized they had crash-landed and that they were alive, euphoria, adrenaline and shock took over.”

Stefanski, a resident of Kelowna, says she suffered a number of physical and mental injuries, including a mild brain injury, post-concussion syndrome, post-traumatic stress disorder, anxiety and panic attacks, insomnia and vertigo.

Mulzet, also a resident of Kelowna, and Stevens, a resident of Calgary, say they suffered injuries including post-traumatic stress disorder, anxiety and panic attacks, insomnia and vertigo.

“The plaintiffs seek compensation for injuries suffered during the crash-landing, which include mental injuries caused by the near-death experience of the crash-landing,” says the suit.

They claim that the crash-landing was caused by Miskuski’s negligence and reckless disregard for the passengers’ safety.

Particulars of the alleged negligence include a decision to begin the flight despite having knowledge of a prior unexplained and unexpected engine shutdown and despite knowing flight conditions were potentially unsafe and being advised to delay the flight.

The plaintiffs also claim that it was negligent to continue the flight despite being advised not to take off from the Boise Airport without further maintenance after the airplane’s engines failed.

The three passengers claim that they did not receive proper medical evaluation or treatment for their injuries after the crash.

“Miskuski’s reckless disregard for the safety of his passengers, including the facts particularized above, was reprehensible and should be rebuked by an award of punitive damages,” says their lawsuit.

The plaintiffs are seeking general, special and punitive damages.

No response has yet been filed to the lawsuit, which contains allegations that have not been tested in court.

Miskuski said Wednesday that he had not yet been served with the lawsuit and had no comment at this time on the allegations.

“Unfortunately I really can’t talk about it until I’ve had a chance to talk to our counsel that represents the whole incident,” he said. “Once I talk with him, I’ll be happy to chat with you.”

Original article can be found here ➤ http://vancouversun.com

No comments: