Confidential
Settlement – $1,700,000Judge
Court
USDC Central
Attorneys
Plaintiff
Ian I. Herzog
(Herzog, Yuhas, Ehrlich & Ardell, APC)
Defendant
Peter P. Brotzen
(Dwyer, Daly, Brotzen & Bruno LLP)
Gregory L. Anderson
(Dwyer, Daly, Brotzen & Bruno LLP)
Experts
Plaintiff
Richard Burgess
(technical)
A. Don Llorente
(technical)
Peter Formuzis Ph.D.
(technical)
Defendant
Jerald H. Udinsky
(technical)
Raja Parasuraman
(technical)
Bernard J. Coogan
(technical)
Michael A. Crognale
(technical)
Edward D. Henderson
(technical)
Facts
On Feb. 7, 2000, at approximately 9:50 a.m., a Questair Venture piloted by Charles Oliver and a Bellanca Citabria, operated by Thomas Quist and Kevin Kaff of TEQ Corp., collided in mid-air killing all persons in the respective planes (two in each plane). The collision occurred near the far north end of the San Fernando Valley in the proximity of the Interstate 5 and Interstate 210 exchange. At the time of the collision, Oliver was maneuvering to land in the Van Nuys airport by approaching from center line of the active runway, after receiving clearance from the air Traffic Control tower to do so. The Bellanca Citabria was conducting aerial pipeline patrol in the vicinity of the extended center line of the active runway. Both planes were in radio contact with Air Traffic Control at the time of the collision and had been radar-identified by the Van Nuys Airport tower prior to the collision. Oliver's wife, Ann, and his two daughters, sued the U.S., alleging wrongful death pursuant to the Federal Torts Claims Act. They also sued TEQ Corp., operating as Patroline Air Service. The two wrongful death claims were consolidated and moved in federal court.
Settlement Discussions
The plaintiffs settled their wrongful death claim with the U.S.; their claim against TEQ is pending in State Court.
Damages
The plaintiffs claimed economic and non-economic damages for loss of support, comfort and society of their husband and father.
Injuries
Death
Result
$1,700,000 settlement
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