On Friday, July 23, 2010, around 10 a.m., a Cessna airplane crashed off the coast of Ludington, Michigan. The crash was reported by Ludington Air Control and was apparently witnessed by a fishing boat miles off the coast. Indications are that the flight developed problems maybe a third of the way into the flight when the plane doubled back over Lake Michigan and then had a steep decline in altitude and eventually crashed. The private flight left Alma, Michigan and was headed for Rochester, Minnesota, ostensibly with passengers onboard traveling for medical reasons.  

Carol Freed, apparently owned the plane and her husband may have been rescued.

(Photograph of a Cessna 206)

The 1971 Cessna 206 is a fixed wing single engine with seating capacity for 6 people.  Its weight can be up to 12,4999 pounds and it can reach speeds of 132 mph.  Reciprocating N-Number is 82531; Serial Number of U-206-01734.  It was registered to Freed Construction, P.O. Box 92, Alma, MI 48801.

Medical flights have been the source of investigation and concern lately, with many medical flights crashing in recent years. 

An investigation by the National Transportation Safety Board and local authorities will begin.   http://www.ntsb.gov.

It appears initially that the weather was not a factor and that the focus will inevitably be on pilot error, mechanical failure, or a combination of such airworthiness factors.

In Michigan, there are statutory laws that apply, among other laws, regarding legal responsibility for plane crashes:

259.180a Liability for injury occasioned by negligent operation of aircraft.

Sec. 180a.

(1) Except as otherwise provided in subsection (2), the owner or operator or the person or organization responsible for the maintenance or use of an aircraft shall be liable for any injury occasioned by the negligent operation of the aircraft, whether the negligence consists of a violation of statute, or in the failure to observe ordinary care in the operation of the aircraft, as the rules of the common law require.

(2) The owner of an aircraft shall not be liable for an injury occasioned by the negligent operation of the aircraft, as described in subsection (1), unless the aircraft was being operated with the owner’s express or implied consent or knowledge at the time the injury occurred.

(3) “Person or organization responsible for the maintenance or use of an aircraft” does not include a mechanic who is an independent contractor and who has performed work on or furnished materials, supplies, or equipment for an aircraft, or any employee of the mechanic.

Attorneys and lawyers familiar with complex litigation can be of significant assistance in helping individuals and families who are injured or killed in airplane crash cases. Of particular significance is the preservation of evidence and investigation of witnesses so as to preserve critical evidence and have expert analysis of potential causes.  http://www.leadersinlaw.com/2009/09/why-you-not-just-should-but-need-to-contact-an-attorney-after-an-accident/

 These types of cases can involve many types of legal issues that require lawyers to evaluate anything and everything potentially involved with the airplane, the pilots, and the crash. This would include maintenance work done or not done on the plane to potential product liability claims against the manufacturer of the plane or a component part.

For example, one major issue that may arise with a claim against the plane manufacturer is called “GARA.” The General Aviation Revitalization Act of 1994 (GARA) immunized General Aviation aircraft manufacturers against lawsuits for defects in products older than 18 years. It is a very protective law for manufacturers and thus forces more scrutiny on  owners of the aircraft, maintenance businesses and pilots after bad crashes where there is a mechanical malfunction. Moreover, manufacturers may not have the immunity they expected because some courts have interpreted GARA as not completely providing protection from suit.

For example, in Caldwell v. Edstrom Helicopter Corporation, the Ninth Circuit Court of Appeals ruled that an aircraft’s flight manual is a part of the aircraft. Any post-sale revisions or deletions to an aircraft manual may restart the 18-year liability exposure clock each time they are made. In June 2003, a California State Court of Appeals held that a manufacturer could be responsible for willfully misrepresenting the safety of its helicopter by failing to notify the FAA of five military accidents involving the same part as the civilian version of that helicopter.

GARA is thus not an automatic bar against a lawsuit of a plane manufacturer. Furthermore, a lawyer investigating and pursuing these types of claims have to explain to the family the complex interplay among various laws, ranging from state and federal law issues, choice of law issues, wrongful death laws and who can bring claims and for what damages, to beginning the stressful probate law process.

Typically, there are so many needs of the family and complicated legal issues that multiple meetings are necessary and recommended so that the inherent stress and emotion of the situation can be managed. The best legal teams investigating these types of cases do not charge any fee for meetings to explain what needs to be done and why. And the best legal teams recommend that the family meet with as many lawyers as they see fit to make sure that they know they are getting the best , that they are getting lawyers and people in whom they have trust and confidence. If that level of trust is absent, if the family does not know that they will get the questions answered and phone calls returned, then they should seek other counsel. There are many good attorneys who handle major cases successfully and skillfully; and there are many good attorneys who may not be the best fit for a particular client to meet the particular needs of that client.

Having seen the emotional trauma that results from these types of accidents and other similar tragedies, our thoughts will be with these families.

Halpert Weston Wuori & Sawusch, P.C. has been involved in major airplane crash cases, including involvement with the Northwest Flight 255 multidistrict litigation  (working with the presiding Chief Judge on the case), the runway incursion crash of a Northwest jet in Detroit, and the medical survival flight that crashed into Lake Michigan on a donor flight between Milwaukee and the University of Michigan. All six people on board that Cessna 550 Citation were killed. Similarly, the law firm of Halpert Weston Wuori & Sawusch, P.C. has handled major litigation, from injury to wrongful death lawsuits, for families throughout Michigan and other states.

Families whose loved ones are the victims of a tragic crash can obtain information not only from the National Transportation Safety Board but also from experienced attorneys who can help them investigate and pursue legal claims as a result of these types of crashes. See http://www.ntsb.gov/.  It is important for families and loved ones to be fully informed about preserving any such claims and meeting with and evaluating attorneys before any decision is made about which law firm to hire.

The focus of any lawyer and law firm who is asked to consult with a client involved in these types of tragedies is helping the family navigate what needs to be done and why so that the family members can focus on their immediate needs.

See “The Nicest Tough Firm Around.”  http://hwwspc.com/wp-content/uploads/2009/07/ABA-Journal.PDF

Yo estaba seriamente escaldado mientras yo estaba en una instalación de centro de salud en Indiana, con quemaduras de tercer grado en las piernas. Yo no hablo Inglés. Los abogados y el personal de Halpert, Weston, Wuori y Sawusch, PC fueron amables, cariñosos, y capaz de obtener traductores y trabajar conmigo y con mi familia a entender mi caso, mis lesiones, y obtener una solución favorable. Yo recomendaría este bufete de abogados para cualquiera, pero especialmente para alguien que ha sido quemada en un accidente.

Marco Antonio Chávez Rodríguez (2009)

 1.  Whenever the death of a person or injuries resulting in death shall be caused by wrongful act, neglect, or fault of another, and the act, neglect, or fault is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, the person who or the corporation that would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, and although the death was caused under circumstances that constitute a felony.

 2.  Every action under this Section shall be brought by, and in the name of, the personal representative of the estate of the deceased person. Within 30 days after the commencement of an action, the personal representative shall serve a copy of the complaint and notice as prescribed in Subsection (4) upon the person or persons who may be entitled to damages under Subsection (3) in the manner and method provided in the rules applicable to probate court proceedings.

 3.  Subject to Sections 2802 to 2805 of the Estates and Protected Individuals Code, 1998 PA 386, MCL 700.2802 to 700.2805, the person or persons who may be entitled to damages under this Section shall be limited to any of the following who suffer damages and survive the deceased:

 (a) The deceased’s spouse, children, descendants, parents, grandparents, brothers and sisters, and, if none of these persons survive the deceased, then those persons to whom the estate of the deceased would pass under the laws of intestate succession determined as of the date of death of the deceased.

 (b) The children of the deceased’s spouse.

 (c) Those persons who are devisees under the Will of the deceased, except those whose relationship with the decedent violated Michigan law, including beneficiaries of a trust under the Will, those persons who are designated in the Will as persons who may be entitled to damages under this section, and the beneficiaries of a living trust of the deceased if there is a devise to that trust in the Will of the deceased.

 4.  The notice required in Subsection (2) shall contain the following:

 (a) The name and address of the personal representative and the personal representative’s attorney.

 (b) A statement that the attorney for the personal representative shall be advised within 60 days after the mailing of the notice of any material fact that may constitute evidence of any claim for damages and that failure to do so may adversely affect his or her recovery of damages and could bar his or her right to any claim at a hearing to distribute proceeds.

 (c) A statement that he or she will be notified of a hearing to determine the distribution of the proceeds after the adjudication or settlement of the claim for damages.

 d) A statement that to recover damages under this section the person who may be entitled to damages must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under Subsection (6) and that failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

 5.  If, for the purpose of settling a claim for damages for wrongful death where an action for those damages is pending, a motion is filed in the court where the action is pending by the personal representative asking leave of the court to settle the claim, the court shall, with or without notice, conduct a hearing and approve or reject the proposed settlement.

 6.  In every action under this Section, the court or jury may award damages as the court or jury shall consider fair and equitable, under all the circumstances including reasonable medical, hospital, funeral, and burial expenses for which the estate is liable; reasonable compensation for the pain and suffering, while conscious, undergone by the deceased person during the period intervening between the time of the injury and death; and damages for the loss of financial support and the loss of the society and companionship of the deceased. The proceeds of a settlement or judgment in an action for damages for wrongful death shall be distributed as follows:

 (a) The personal representative shall file with the court a motion for authority to distribute the proceeds. Upon the filing of the motion, the court shall order a hearing.

(b) Unless waived, notice of the hearing shall be served upon all persons who may be entitled to damages under Subsection (3) in the time, manner, and method provided in the rules applicable to probate court proceedings.

(c) If any interested person is a minor, a disappeared person, or an incapacitated individual for whom a fiduciary is not appointed, a fiduciary or guardian ad litem shall be first appointed, and the notice provided in Subdivision (b) shall be given to the fiduciary or guardian ad litem of the minor, disappeared person, or legally incapacitated individual.

(d) After a hearing by the court, the court shall order payment from the proceeds of the reasonable medical, hospital, funeral, and burial expenses of the decedent for which the estate is liable. The proceeds shall not be applied to the payment of any other charges against the estate of the decedent. The court shall then enter an order distributing the proceeds to those persons designated in Subsection (3) who suffered damages and to the estate of the deceased for compensation for conscious pain and suffering, if any, in the amount as the court or jury considers fair and equitable considering the relative damages sustained by each of the persons and the estate of the deceased. If there is a special verdict by a jury in the wrongful death action, damages shall be distributed as provided in the special verdict.

(e) If none of the persons entitled to the proceeds is a minor, a disappeared person, or a legally incapacitated individual and all of the persons entitled to the proceeds execute a verified stipulation or agreement in writing in which the portion of the proceeds to be distributed to each of the persons is specified, the order of the court shall be entered in accordance with the stipulation or agreement.

 7.  A person who may be entitled to damages under this section must present a claim for damages to the personal representative on or before the date set for hearing on the motion for distribution of the proceeds under Subsection (6). The failure to present a claim for damages within the time provided shall bar the person from making a claim to any of the proceeds.

 8.  A person who may be entitled to damages under this section shall advise the attorney for the personal representative within 60 days after service of the complaint and notice as provided for under Subsection (2) of any material fact of which the person has knowledge and that may constitute evidence of any claim for damages. The person’s right to claim at a hearing any proceeds may be barred by the court if the person fails to advise the personal representative as prescribed in this subsection.

 9.  If a claim under this section is to be settled and a civil action for wrongful death is not pending under this Section, the procedures prescribed in Section 3924 of the Estates and Protected Individuals Code, 1998 PA 386, MCL 700.3924, shall be applicable to the distribution of the proceeds.

If a loved one lost his or her life in an accident that may have been caused by the fault of another person, product, or company, you and your family may have a Michigan wrongful death legal claim. The lawyers at Halpert, Weston, Wuori & Sawusch, P.C. have successfully handled hundreds of such wrongful death claims. We are able to handle everything from the appointment of the personal representative to start the claim to achieving not just any compensation but that which justice demands.

 Under the Michigan wrongful death law, a Michigan wrongful death lawsuit may seek compensation for several types of monetary damages, including:

• Damages for the conscious pain and suffering of the victim, between the time of the wrongful injury and death
• Medical and funeral expenses
• Loss of projected future earnings, which would have helped support the victim’s spouse, children, and other dependents
• Loss of other income and benefits (pensions, health insurance, things of economic value), which would have helped support the victim’s spouse, children, and other dependents
• Pain and suffering or mental anguish of the victim’s surviving spouse, children, or other immediate family members
• Loss of care, protection, and companionship of the victim’s surviving spouse, children, or other immediate family members

Each category of damages is different in each case and dependent on many factors, requiring skilled attorneys knowledgeable in investigating and proving such damages. For example, an often overlooked area of damages is conscious pain and suffering of the accident victim, for which significant amounts have been awarded by juries around the country. While not every case will produce such an award, conscious pain and suffering awards, even for minutes of conscious pain and suffering before death, have been in the hundreds of thousands of dollars and in many cases millions of dollars.