Jerry Cadigan et al vs. Liberty Helicopters, Inc., a New York Corporation et al
Case Background
On April 25, 2018, Plaintiff Jerry Cadigan and Nancy Caton Cadigan filed a Wrongful Death lawsuit in the New York Supreme Court(Case number: 152286/2018). Judge James Edward D’Auguste presided over the case.
Cause
On March 11, 2018, Trevor Norris Cadigan was a passenger on a 2013 Eurocopter AS350 B2 helicopter, registration number N350LH, operated by Liberty Helicopters on behalf of NYONair and FlyNYON. The helicopter conducted a scheduled 30-minute “doors-off” aerial photography tour over New York City. During the flight, the helicopter experienced a loss of altitude and descended rapidly into the East River off Manhattan. It crashed into the water, rolled onto its side, and quickly sank. Cadigan and the other passengers were cinched into heavy-duty harnesses attached to the helicopter floor. These harnesses, secured from the back by a metal carabiner, proved to be a deadly trap, as passengers could not reach the release mechanisms on their own.
Injuries
Trevor Norris Cadigan drowned as a result of the helicopter crash. He was unable to free himself from the harness that secured him as it sank into the East River. The complaint alleged that Cadigan likely experienced pre-impact terror, mental anguish, and conscious pain and suffering in the moments before his death. The harness system, intended to secure passengers during the doors-off flight, became a death trap in the water. The complaint also noted that passengers were provided only with a knife to cut through their harnesses, which proved ineffective in the emergency situation
Damages
Cadigan’s family members, as plaintiffs, sought extensive damages for wrongful death, including pecuniary losses due to his death, grief, sorrow, and funeral expenses. They claimed damages for the loss of services, consortium, companionship, comfort, society, instruction, guidance, counsel, training, and support from Cadigan. Additionally, they sought compensation for the loss of probable support, past and future lost income, household services, and other benefits that he would have provided.
Beyond wrongful death damages, the plaintiffs sought compensation for Cadigan’s pre-death suffering, which included mental anguish, physical disability, conscious pain and suffering, pre-impact terror, and disfigurement. The complaint emphasized the aggravating circumstances surrounding the fatal injury, suggesting that Cadigan was aware of his impending death and suffered greatly in his final moments.
The plaintiffs also sought punitive damages against the defendants, arguing that their actions demonstrated a reckless disregard for safety and complete indifference to the rights of others, including the deceased.
Key Arguments and Proceedings
Legal representation
- Plaintiff(s): Jerry Cadigan as Co-Administrator of the Estate of TREVOR NORRIS CADIGAN, Deceased | Nancy Caton Cadigan as Co-Administrator of the Estate of TREVOR NORRIS CADIGAN, Deceased
- Counsel for Plaintiff: Matthew F. Schwartz| Brian J. Isaac | Bryce Moses | Andrew Charles Robb | Gary C. Robb, Esq. | Anita Porte Robb, Esq. | Thomas Stewart, Esq.
- Defendant(s):Liberty Helicopters, Inc., a New York Corporation | Richard Zemke Vance | NY On Air Limited Liability Company | Flynyon LLC | Meridian Consulting I Corporation, Inc. | Airbus Helicopters, S.A.S. | Airbus Helicopters, Inc. | Apical Industries, Inc. d/b/a Dart Aerospace
- Counsel for Defendants: Thomas J. Keevins| Gary Allan Gardner | Anthony Battista | David John Harrington | Denny Shupe | Jonathan Stern | Samantha Holloway | Diana Gurfel | Alexandra Nicole Daly | Brittany Marie Thomas | William D. Foley | Paul Stinson | Harry Khemchan Tiwari | Eric C. Strain | Anthony W. Eckert | Eugene F. Massamillo | Philip Richard Weissman | David Yita Loh
Key Arguments or Remarks by Counsel
Gary C. Robb, who represented Cadigan’s parents, praised the jury for holding “these companies accountable for their immoral and reckless actions,” at the close of the three-month-long trial.
“These doors-off helicopter tour operators put Trevor in a death trap, and they knew it. They were fully aware for months that the passengers would have no chance of escape from their make-shift harness and tether system in the event of an emergency water landing,” Robb said.
Claims
The plaintiffs brought multiple claims of negligence and Wrongful death against Liberty Helicopters, NYONair, and FlyNYON. They alleged that the defendants failed to provide proper pilot training, adequate passenger safety briefings, and safe helicopter services. Specific negligent acts included:
- Using helicopters with doors removed for tourist flights, which the plaintiffs argued was inordinately dangerous and should only be permitted for professional photographers in special situations.
- Utilizing passenger harnesses that could not be easily removed in the event of a crash.
- Implementing a policy of cinching passengers into heavy-duty harnesses tied to the helicopter floor, providing only a knife for passengers to free themselves.
- Failing to instruct passengers sufficiently on emergency extrication procedures, especially in the event of a water landing.
- Providing inadequate maintenance, as evidenced by the failure of the yellow inflatable pontoons to inflate properly and timely to prevent the helicopter from flipping over.
- Failing to prepare passengers adequately for the possibility of an emergency landing.
The plaintiffs claimed common carrier liability against the defendants. They argued that, as commercial air taxi services, the defendants owed the highest degree of care to their passengers. Additionally, thehe plaintiffs contended that the defendants failed to exercise this heightened standard of care. Furthermore, they asserted that the defendants did not provide a reasonably safe aircraft for passenger transport.
Defense
The defendants acknowledged that a helicopter crash occurred on March 11, 2018, in New York City, resulting in Cadigan’s death. They admitted that he was a passenger on a “doors-off” aerial photography flight operated by Liberty Helicopters, scheduled to last 30 minutes. Liberty Helicopters confirmed it operated the helicopter involved in the accident with the doors removed.
While acknowledging some basic facts, the defendants denied most specific allegations in the complaint. They argued that the plaintiffs’ complaint failed to state a valid claim for relief. The defendants asserted that errors or omissions by third parties, over which they had no control, caused the accident. Liberty Helicopters and its employees claimed they acted reasonably under the circumstances. They also stated that they complied with all applicable laws and regulations. NYONair and FlyNYON admitted their roles in arranging the trip and contracting with Liberty Helicopters. However, they denied owning or operating the helicopter in question or engaging in a sightseeing tour business. For many allegations, especially those concerning other defendants or specific details of the incident, NYONair and FlyNYON stated they lacked sufficient knowledge to form a belief about the truth of those claims.
The defendants raised several affirmative defenses, including:
- The plaintiffs’ claims were barred by statutes of limitations.
- Lack of jurisdiction.
- Improper venue.
- Assumption of risk by the decedent.
- Comparative negligence.
Additionally, they argued that any damages should be reduced based on payments from collateral sources and that federal aviation laws preempted the plaintiffs’ claims. The defendants reserved the right to amend their answers and add additional defenses as litigation progressed.
Jury Verdict
On September 19, 2024, a Manhattan Supreme Court jury delivered a significant verdict in the helicopter crash case. The jury awarded a total of $116,067,076 in compensatory and punitive damages in a Wrongful Death lawsuit. They found FlyNYON and Liberty Helicopters, the helicopter owner, almost equally responsible for the accident. The jury also held Dart, an aerospace parts manufacturer, liable for a defective inflation device that failed to activate when the helicopter impacted the water. Notably, the jury did not find Airbus, the helicopter’s manufacturer, at fault in this case.
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