© 2014 The Texas Lawbook.
By Natalie Posgate
Staff Writer for The Texas Lawbook
(March 16) – Personal injury firm Slack & Davis recently obtained a settlement for the family of a 50-year-old Toronto man who died in a fatal crash in November 2011 aboard a Blue Hawaiian helicopter that was headed to the island of Molokai.
It is the Austin-based law firm’s second successful settlement for a victim of a weather-related crash involving Blue Hawaiian. The terms of the settlement are confidential.
Austin founding and managing partner Mike Slack and Dallas managing partner Ladd Sanger led the case.
Their client, Stuart Robertson, was one of four passengers in the accident. His wife was on the helicopter with him, and it was the couple’s first vacation in two years. Robertson’s wife’s family decided not to pursue litigation, but claims from the families of the other two passengers remain pending.
The helicopter’s original destination was Maui, but due to seasonal weather conditions (heavy waves and rain), the pilot decided to fly to Molokai instead. Doing so caused the helicopter to get caught in the weather and crash to the ground. All four passengers and the pilot died.
Slack said one of his and Sanger’s arguments in the case was that the pilot was not experienced enough to make the right decisions about where and whether to fly during seasonal weather conditions. Blue Hawaiian hired the pilot only a couple of months before the accident and it was his first job involving flying throughout the Hawaiian Islands, Slack said.
He added that they were also critical of the helicopter company’s training process, arguing that it takes two or three years for pilots to really be familiar with the weather patterns in the area.
Sanger has previously obtained another successful settlement with Blue Hawaiian for the family of a loved one who died in a July 2000 helicopter crash. In that crash, seven passengers were killed.
Slack said he hopes the settlement will cause Blue Hawaiian to take more precautions about when and where they fly their helicopters.
“Hawaii has been plagued for a number of years by weather-related helicopter crashes,” Slack said. “We’re hoping that Blue Hawaiian has taken this to heart to make proper changes and be more vigilant and avoid weather like this in the future.”
He added that he hopes Air Methods Corporation’s December 2013 acquisition of Blue Hawaiian will positively affect the helicopter tour operator’s safety culture.
Slack and Sanger co-counseled the settlement with Hawaiian law firm Cronin, Fried, Kekina & Fairbanks.
Hawaiian firm Goodsill Anderson Quinn & Stifel represented Blue Hawaiian.
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