Tue, Jun 14, 2005
Families of US Army Personnel Killed File Suit Against Civ
Operator/Contractor
The families of three
U.S. Army personnel who were killed when the airplane transporting
them across Afghanistan slammed into a mountain are now filing suit
for negligence against Blackwater. Blackwater is a large civilian
contractor to the U.S. military and provides both support equipment
and personnel in areas of conflict around the world, including
Iraq. On November 27, 2004 Lieutenant Colonel
Michael McMahon, Chief Warrant Officer Travis Grogan and Specialist
Harley Miller were passengers on a flight from Bagram Airfield to
an airfield near Farah, an area close to Afghanistan's western
boarder with Iran.
The aircraft, a Casa 212, owned and operated by Blackwater-related
companies, was approximately 30 minutes from takeoff and attempting
to cross a mountain ridge of approximately 16,500 feet when it
crashed at an elevation of approximately 14,650 feet, killing
everyone on board. The accident occurred in the rugged mountains
near Bamian, Afghanistan in daylight and clear weather. Weather,
mechanical issues and hostile activity have all been ruled out as
causes of the crash.
Representing the three military families who lost their husbands
and fathers in this accident is Bob Spohrer of the Jacksonville law
firm of Spohrer, Wilner, Maxwell and Matthews. He is an experienced
pilot and veteran aircraft accident attorney who has successfully
represented clients against military contractors in other cases.
Spohrer said, "This crash was totally preventable. A proper flight
plan had not been filed and the crew was newly deployed in the
region. The crew was north of its intended route of flight and in
violation of FAA regulations that required them to wear oxygen
masks at an elevation above 10,000 feet. Blackwater did not provide
them with adequate safety equipment including an advanced terrain
awareness system, a radar altimeter or a global positioning system.
In addition, Blackwater's people on the ground failed to properly
use the Emergency Location Transmitter (ELT) signal to find the
downed plane quickly. It could have made all the difference to
Specialist Miller, who survived the crash and died of his injuries
at the crash site. This is a contractor making enormous sums; they
can afford to do it right. Blackwater violated standards set by the
FAA for a commercial charter operator and their contract with the
Department of Defense. Above all, they failed in their safety
obligations to these three U.S. servicemen and their families."
The lawsuit, a rare suit against a military contractor, was
filed on Friday, June 10 in Eighteenth Judicial Circuit Court in
Brevard County, Florida, where several Blackwater-related companies
are headquartered. Co- counsel with Spohrer on this case is
attorney Ned Good of the Pasadena, California firm Good, West and
Scheutze.
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