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Sun, Feb 08, 2009

Lawsuit Filed In January 29 Seneca Downing

$50,000 Wrongful Death Suit Names Aero Club, Plane's Registered Owner

Well, that didn't take long. A lawsuit was filed last Thursday on behalf of the estates of two victims of the fatal crash of a Piper PA-34 Seneca near Huntington, WV barely a week before.

The suit was filed in Cook County Circuit Court by Pawel Jakub Batura, on behalf of the estates of Stanley and Monika Niemiec, a father and daughter traveling on the fated plane.

The Chicago Sun-Times reports the suit claims negligence on the Chicago-based American Polish Aero Club's part caused the crash: The club allegedly "failed to properly inspect the engines; failed to perform adequate pre-flight preparations and inspections; failed to plan proper communication during the flight; failed to safely operate the plane; failed to keep the plane on the flight path; and failed to properly monitor the engine."

The suit also alleges the plane was operated and piloted without sufficient fuel and continued to operate despite "declining weather conditions."

Chester Wojnicki, head of the flying club, said the PA-34 Seneca was owned by pilot Wesley Dobrzanski, 60, of Niles, IL, and had departed from Lake in the Hills en route to Florida when the crash occurred.

The plane went down on January 29 in wintry conditions near Tri-State Airport (HTS) after the pilot radioed a mayday call advising controllers that the aircraft was low on fuel.

Federal Aviation Administration spokesman Jim Peters said, "The pilot issued a mayday. The mayday was based on low fuel." Peters said Tri-State air traffic controllers were talking with the pilot when the PA-34 Seneca made a sudden 180-degree turn and they lost contact with him.

The tower was "struggling with the pilot to maintain course alignment" before it crashed, National Transportation Safety Board investigator Brian Rayner said. Reports indicate snow and poor visibility prevailed in the area at the time of the crash. Raynor said the airplane was destroyed as it severed a power line and impacted in a wooded area.

NTSB spokesman Peter Knudson described weather conditions as "heavy snow, limited visibility," adding that "there is nothing... indicating a pre-impact malfunction." The final report from the National Transportation Safety Board is not expected for several months.

FMI: www.ntsb.gov

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