Parents of NYC helicopter crash victim sue pilot for negligence

ABC News
March 11, 2018

PHOTO: Trevor Cadigan, 26, a former intern at ABC station WFAA in Dallas, seen with his father Jerry Cadigan, died after a helicopter crashed into the East River and flipped upside down

The parents of one of the victims killed in a helicopter crash in New York City's East River have filed a lawsuit against the pilot, Liberty Helicopters and other operators, claiming the defendants were negligent.

Five people drowned after the tourist helicopter plunged into the frigid East River of New York City on Sunday. Officials said the passengers chartered the helicopter for a photo shoot and were tightly harnessed because the doors were left open so they could get better pictures.

Killed in the crash were Daniel Thompson, 34, and Tristian Hill, 29, both of New York; Carla Vallejos-Blanco, 29, of Argentina; Brian McDaniel, 26, a firefighter from Dallas; and Trevor Cadigan, 26, who recently moved to New York from Dallas to start a journalism career.

The helicopter pilot, Richard Vance, 33, was the only survivor. While Vance was able to immediately free himself from his harness, the passengers remained buckled in and trapped in the helicopter, which flipped over and submerged.

Nancy and Jerry Cadigan, the parents of Trevor Cadigan, filed the suit, obtained by ABC News, in New York County Court Tuesday, claiming, among other things, that Liberty Helicopters failed to prepare the passengers properly in the event of a crash and that the company did not provide adequate maintenance on its helicopter to keep it from tipping over.

The Cadigans also accused Vance of failing to give the passengers a proper safety briefing and of being " careless in failing to take reasonable steps to extricate the passengers" after "he secured his own release."

Victims of NYC helicopter crash all drowned: Medical examiner
Police identify victims of NYC helicopter crash
Helicopter crash in Manhattan's East River kills all 5 passengers, pilot escapes

The other defendants named in the suit were FlyNYON, a helicopter charter, and NYONAir, an aviation services company, both of which are in the business of operating, maintaining, servicing and distributing sightseeing helicopters, according to the lawsuit. They, too, are accused of negligence.

The lawsuit claims that FlyNYON and NYONAir both allegedly "implemented a policy to cinch passengers into heavy duty harnesses which are tied to the helicopter floor with only a knife for passengers to free themselves from [frigid] waters." The suit also states that FlyNYON and NYONAir were "negligent in that their policy of so-called helicopter 'doors-off' photo flights is inordinately dangerous and risky and should only be permitted for professional photographers in special situations and not for amateur tourist photographers."

Due to the doors being open, the helicopter quickly filled up with water and began to sink, officials said.

The helicopter drifted all the way down to E. 59th Street, where rescuers were finally able to reach it and free the trapped passengers by cutting their harnesses, according to FDNY Commissioner Daniel Nigro.

Vance told New York Police Department investigators a passenger's harness somehow got wrapped around the fuel shut-off switch, accidentally cutting off the fuel supply to the helicopter and resulting in engine failure, multiple officials briefed on the investigation told ABC News.

Gary Robb, a helicopter crash lawyer for 37 years who is representing the Cadigans, told ABC News earlier today that Vance's explanation of the crash was an unlikely scenario.

"I find it implausible that a strap could cause that lever to be actuated because you have to pull it up and back," Robb said.

"These open door helicopters are death traps," Robb said. "You need to be an escape artist like Houdini if you're upside down and in cold water."

In a statement announcing the lawsuit this evening, Robb said: "The family wants this helicopter operator to be held fully accountable for their son's death and to cease and desist this terribly unsafe open-door flight operation. It is their strongest desire that this should never happen again."

In a statement Monday, Liberty Helicopters said, "We are focused on supporting the families affected by this tragic accident and on fully cooperating with the FAA and the NTSB investigations. These agencies have asked us to respect the investigative process by referring all press inquiries to them for any further comment."

NYONAir said in a statement, ?We are deeply saddened by the loss suffered by the family of Trevor Cadigan and will continue to work closely with the government authorities in their investigation of the accident.?

ABC News has reached out to FlyNYON and Vance for comment on the lawsuit but did not immediately hear back.

http://abcnews.go.com/US/parents-nyc- ... ligence/story?id=53726130

Quote:

Spoken like someone not at all familiar with all the regulatory requirements imposed by the FAA on civil aviation. Aircrafts that do commercial flights (such as tours) are required to undergo inspection every 100 hours. These inspections are strict.

As for the different requirements of Part 91 vs 135, there are good reasons for having different standards. Some might say the FAA shows uncharacteristic common sense for a federal agency.

the problem with federal control of airspace is the FAA. They are the poster child for regulatory capture. They are a total lapdog for the aviation industry. They are tough on commercial fixed wing air which is why the safety record is quite good. The chopper tour types fall under much less scrutiny. The Liberty open door flight was part 91 which is very lightly regulated - see below...

When you fly as a passenger under Part 135 rules, your crew will be well rested. Alarmingly, there are no such regulations for Part 91 crew who effectively can fly without any rest at all. Additionally, it is theoretically possible to take off under conditions of zero visibility under Part 91, while aircraft operated under Part 135 cannot generally use airports that lack on-site weather reporting.

Overall, when flying with a registered aircraft in the US, you are 12 times less likely to have an accident or incident if you charter a part 135 aircraft when compared to flying with a privately managed part 91 aircraft. This is proven by the fact that there were no fatal accidents with US registered part 135 aircraft at all in 2014.

Quote:

I can answer that: literally anyone and everyone. The air above the ground falls under the purview of the federal government, specifically the FAA. And, any person holding a valid pilot license can fly the Hudson River corridor, or any other area in accordance to regulations or ATC instructions. It is a rare sight nowadays, but small aircrafts are sometimes cleared to fly right over NYC. I was one such lucky person: I was once cleared by ATC to fly directly over Central Park from the Hudson to the East River.

Lol @ Helicopters flying through JSQ only 10 stories high in the air and "a few feet from some buildings".

What are they playing chicken with the buildings at Summit Plaza before they swoop down on the students at Dickinson during their lunch break?

Quote:

Makes you wonder who else has air rights above JC and the Hudson River thoroughfare.

Great bunch of guys. By all means these are the type of people we want flying over our homes, roads and schools.

Interesting article on the people who run Liberty Helicopters and their shady past.https://nypost.com/2018/03/14/helicopt ... -bosses-have-shady-pasts/

The freeholders had a resolution when these helicopters first start flying, it is based on noise and the fact they are very close to buildings. Kearny's elevation is much lower than JC elevation so by the time they come to Journal Square, they are a few feet from some buildings. But here is the kicker, no helicopters goes over Kearny, the land is next to JC and we get the noise. What I found surprising about the freeholder's resolution, it had to be prepared by the county clerk who is also the Mayor of Kearny. His town get the money, we get the noise, Santos, the county clerk does the resolution on the noise. It is a bizarre situation.

Quote:

The article featured perfectly valid complaints about noise. Did the freeholders craft a resolution for that reason or for this foil hat fear of crashes into Bakken crude trains?

There has been a big uptick in flights over JC neighborhoods ever since that Kearny Helipad went in. They fly very low very often. Maybe not 100 feet but they have no regard for people on the ground. I hear them flying over VVP before 6am regularly. They r heading to downtown helipad.

Liberty looks really bad here - floats failed and no quick release. JC would be much better off without the non-essential heli-tours. The negative externalities far outweigh what little benefit exists with them around. No one would miss the tour choppers save a few cheesy tourists....

Then the freeholders must be insane for crafting a resolution condemning the helicopters. Unlike, the freeholders who also see the helicopters, the comments here are from people who do not live in Journal Square and are clueless to the helicopters flying patterns.

Article on low flying helicopters in Bayonne. http://www.nj.com/hudson/index.ssf/20 ... _helicopters_hoverin.html

Quote:

Yvonne- in your insane world you are relating a helicopter crash in the East River to a train derailment in Canada. And then saying that on any given day a helicopter flying over Jersey City will fall out of the sky and land on a train passing through JC. You should start writing non-fiction fantasy novels.

Quote:

You are absolutely wrong, it is obvious you are not in Journal Square. They fly low even near Dickinson High School. Neither am I wrong on the tragedy in Canada where an accident from an oil train destroyed a town. The helipcopters must pass oil trains near Tonnelle Avenue and below Dickinson High School. I am always amazed how little people know who sound off on this blog. Even the freeholders passed a non-binding resolution on the helicopters because they fly low over their buildings. too. Get a copy of the resolution, bodhipooh.

Quote:






The pilot of the helicopter, Richard Vance, after emerging from the frigid waters of New York City's East River on Sunday night.

http://www.foxnews.com/us/2018/03/12/ ... -frantic-mayday-call.html

Quote:

As usual, you never disappoint with your alarmist agenda and fake claims. No helicopter is flying over JC at 100 feet above ground.

NYC helicopter company had 3 crashes in 11 years -- how did they happen?


Click link to see CNN

https://www.cnn.com/2018/03/12/us/libe ... -crash-history/index.html

Also...

Pilot Escapes, Five Die After NJ-Based Tour Helicopter Crashes In East River



Twitter user JJ Magers captures the moment a New Jersey tour helicopter crashed into the East River Sunday.

Kearny's Fly Liberty Charter chopper went down south of East 86th Street near Gracie Mansion around 7:15 p.m., New York City Police Commissioner James P. O'Neill said.

The pilot was able to free himself and was taken to a hospital in stable condition, O'Neill said.

Fly Liberty Charter wasn't immediately available for comment when Daily Voice called at 10 p.m.

The helicopter was a private charter rented for a photoshoot, according to police.

The National Transportation Safety Board will be conducting an investigation, O'Neill said.

http://hackensack.dailyvoice.com/news ... hes-in-east-river/734141/

There are two things that make those air planes frightening, first they fly low over JC. As an example, you can see them on their approach to EWR, they are very noisy. The second concern, if they were to crash in JC, they fly over at different points where the oil trains run in JC. Some chemicals in those oil trains are explosive. An accident in Canada with oil trains actually wipe out and entire town. It is one thing to have air planes for emergency use or even for news but it is another thing to have air planes over a populated area for tourism.

There are two things that make those helicopter frightening, first they fly low over JC. As an example, you can see them mid-way around the 10th story of St. Johns apt, they are very noisy. The second concern, if they were to crash in JC, they fly over at different points where the oil trains run in JC. Some chemicals in those oil trains are explosive. An accident in Canada with oil trains actually wipe out and entire town. It is one thing to have helicopters for emergency use or even for news but it is another thing to have helicopters over a populated area for tourism.

Tour helicopter crashes into East River
By Larry Celona, Tina Moore, Joe Marino and Max Jaeger March 11, 2018 | 7:32pm | Updated

A tourist helicopter plunged into the East River on Sunday night, killing five passengers who were trapped inside the sinking vessel while the pilot scrambled to safety, police sources said.

The Eurocopter AS350 went down around 88th Street, near Gracie Mansion, at about 7:15 p.m., sources said.

The pilot was able to get out and climb aboard a raft ? but five others remained trapped inside the upside-down helicopter, according to sources.

More