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Mon, Feb 18, 2008

Skydivers' Families Continue Lawsuits Against Cessna

Ten Lost In October 2007 Caravan Crash

The families of nine skydivers who died last October when their Cessna 208B Caravan went down near White Pass, WA are continuing their pursuit of numerous lawsuits against Cessna, and Goodrich Corp, alleging the Caravan is unsafe for flight in icing conditions.

As ANN reported, the nine skydivers, and their pilot, were killed when the turboprop aircraft reportedly encountered airframe icing in IMC as it flew from Star, ID to Shelton, WA. The accident was the deadliest in the US in 2007, reports the Everett (WA) Herald.

Despite apparent evidence pointing to other possible circumstances for the crash -- the aircraft was not under an IFR flight plan, for example -- a slew of lawsuits filed from November 29 to January 28 through Chicago's Nolan Law Group allege the Caravan's design is to blame for the latest loss of 10 lives, and the type should have its FIKI certification revoked by the FAA.

"Our commitment to the families is this: When we're through with this case, this Cessna 208B will no longer be certified to fly into icing conditions," said Dean Brett, a Bellingham, WA-based lawyer. "Too many planes have gone down. Too many people have died."

In December 2006, the Canadian Transport Safety Board took the drastic step in recommending restrictions on Caravan operations in anything but light icing. Despite the controversy, Cessna spokesman Doug Oliver stresses the FAA has deemed the Caravan safe.

"The (Federal Aviation Administration) has certified it to fly in icing conditions," said Oliver. "They certify every aircraft the same way. They have the same requirements for all airplanes. The tests are the same. The company is held to the same standard for every airplane." Oliver declined further comment, due to the ongoing litigation.

Brett counters a common theme throughout a number of Caravan downings, are allegations the Caravan's wing-deicing failed to keep the wings clean. Brett is working with the Nolan firm on the case, as part of a single legal proceeding before a US District Court judge in Kansas City, MO.

The suit against Cessna encompasses other lawsuits involving Caravan downings in Idaho, Texas, Manitoba, Moscow, and Bolivia, according to Nolan attorney Jerry Skinner. The multi-jurisdictional proceeding is intended to provide a baseline legal precedent, claiming the Caravan's design is to blame for icing incidents -- which lawyers may then cite in their separate cases against the planemaker.

Brett is blunt about his clients' intentions. "Our goal is to decertify the plane," he said. "We're going to make it cheaper to decertify the plane than to pay for the deaths that they cause."

FMI: www.ntsb.gov/ntsb/brief.asp?ev_id=20071017X01609&key=1, www.nolan-law.com, www.cessna.com

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