Examples
of our Work
Aviation
We recently prevailed on a case involving a product
liability claim against a helicopter manufacturer. We
filed a motion for summary judgment, where we proved
that the tail rotor on the new helicopter should not
have contacted the tail in flight, which caused the
helicopter to crash. The trial judge agreed, and held
that this was a design defect in violation of the Federal
Aviation Regulations. As a result, the manufacturer
was negligent as a matter of law. In other words, the
manufacturer was held to be entirely at fault. The only
issue remaining for trial was damages. Up against the
wall, the defendant offered a favorable settlement for
our clients, the widow and family of the deceased pilot.
On January 31, 2000 Alaska Airlines Flight 261, flying
from Puerto Villarta, Mexico to Seattle via San Francisco
crashed into the Pacific Ocean northwest of Los Angeles.
Members of Hedrick Smith PLLC represented the families
and estates of numerous passengers. After agreeing not
to contest liability, and after the trial court determined
that maritime law applied (which was most favorable
to our clients), we were able to settle all of our cases
before trial.
In 2002 two pilots were flying a large helicopter over
mountainous wooded terrain performing helicopter logging
operations. The helicopter crashed, killing one pilot
and seriously injuring the other. Even though the NTSB
was unable to establish that mechanical failure caused
the accident, our own investigation and team of aviation
experts found otherwise. The claims against the numerous
defendants were settled shortly before trial.
Members of the firm represented the Turkish flight and
cabin crew of a Birgen Air Boeing 757 that crashed shortly
after a night take-off from the Dominican Republic.
The NTSB and the Dominican authorities determined that
an obstruction in the pitot system of the aircraft caused
erroneous indications in the Flight Management System
resulting in both an overspeed warning siren and a stall
"stick shaker" to occur at the same time. After extensive
discovery and litigation, the claims of the crew were
settled.
Due to our location in the Pacific Northwest, we have
extensive experience in helicopter logging accidents
. In one such accident that claimed the life of a young
helicopter pilot, the firm was able to show that the
subject helicopter was particularly susceptible to fatigue
failure of the vertical fin spar when engaged in the
repeated heavy lift environment of helicopter logging.
This vulnerability led to the catastrophic loss of the
vertical fin of the helicopter while carrying a load
of logs-resulting in the death of the pilot. We were
successful in obtaining a settlement after extensive
litigation and discovery.
Members have also been involved in numerous wire strike
cases involving both helicopters and fixed wing aircraft.
In one case we represented the families of two fish
and wildlife biologists who were killed when the aircraft
in which they passengers on a low level flight spotting
mission for the government struck unmarked power transmission
lines stretched across the Columbia River. The wires
were part of a hydroelectric project that was originally
located in the "no-fly" restricted airspace of the nuclear
power facility. When the airspace was opened to aircraft
several decades ago, the local public utilities department
failed to recognize the danger posed by the unmarked
wires to aircraft flying along the river. After extensive
discovery and litigation the claims of the families
of the biologists were settled.
Members successfully resolved claims against the federal
government in a wire strike case involving an injured
pilot of a helicopter which struck a wire stretched
across a local river which was part of a United States
Geological Survey gauging station. Despite the fact
that the wire was only 15 feet above the river, we were
able to show that the wire and associated gauging station
was purposefully designed to "blend in" to the environment
making detection of the wire by the pilot virtually
impossible. Further discovery revealed a number of other
wire strikes of similar gauging stations across the
country, many of which involved the Department of Interior's
own aircraft. Following discovery the government settled
the case with the pilot and his passengers. |