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Mon, Feb 01, 2016

Family Files Wrongful Death Lawsuit In Medical Helo Accident

Relatives Of The Paramedic On Board Seeks Restitution From Helicopter Owner

The family of a paramedic who was fatally injured in an accident last December while working aboard a helicopter belonging Skylife Air Ambulance has filed a wrongful death lawsuit against the company.

Kyle Juarez was one of four people on board the aircraft when it went down. All four were fatally injured in the accident.

According to the NTSB's preliminary report, on December 10, 2015, about 1908 Pacific standard time, a Bell 407, N408FC, was destroyed when it impacted terrain during cruise flight near McFarland, California. The helicopter was registered to American Airborne EMS, Fresno, California, and operated by Rogers Helicopters, DBA SkyLife, under the provisions of Title 14 Code of Federal Regulations Part 135. The Air Medical Flight call sign was SkyLife 4. The commercial pilot, flight paramedic, flight nurse, and patient sustained fatal injuries. Visual meteorological conditions prevailed and a company visual flight rules (VFR) flight plan was filed for the flight. The cross-country flight originated from the Porterville Municipal Airport, Porterville, California, at 1851 with an intended destination of the San Joaquin Memorial Hospital, Bakersfield, California.

Information provided by the operator, Federal Aviation Administration (FAA), and local law enforcement revealed that the helicopter was initially dispatched from Visalia, California, to Porterville to facilitate transfer of a patient to a hospital in Bakersfield. At 1918, a dispatcher radioed the pilot to confirm their status; there was no response. The dispatcher inquired with the destination hospital, and personnel at Bakersfield Meadows Airport and verified the flight had not reached the intended destination. Shortly thereafter, law enforcement personnel began a search near the last known location of SkyLife 4. The FAA subsequently issued an Alert Notification (ALNOT) at 2034. The wreckage was later located by local law enforcement air units at 2054.

Examination of the accident site revealed that the helicopter impacted open hilly terrain about 9 miles east of McFarland. All major structural components of the helicopter were located within the wreckage debris path, that was about 465 feet in length, and oriented on a heading of about 037 degrees magnetic. The wreckage was recovered to a secure location for further examination.

Juarez's family is claiming negligence on the part of Rogers, according to television station KFSN in Fresno, CA. A legal analyst for the station, Tony Capozzi, says that the lawsuit's outcome will not necessarily revolve around the determination of the probable cause of the accident. "Here you have a helicopter that crashed on the way to a destination," Capozzi said. "Well, it speaks for itself. You expect to be delivered to the destination. You're not. It crashes. That itself shows negligence which then would put the liability on the helicopter service."

He failed to mention, or the station did not report, that the NTSB's determination of probable cause is not admissible as evidence in court.

(Bell 407 pictured in file photo. Not accident aircraft)

FMI: NTSB Prelim

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