On Wednesday, June 3 Air France CEO Pierre-Henri Gourgeon privately met with family members of Flight 447 and confirmed fears that all 228 people on board perished. Gourgeon indicated that the plane either broke apart in the air or on impact with the ocean, and that there is no possibility of survivors. The plane disappeared on Sunday, May 30 on a flight from Rio de Janeiro to Paris.

Debris from the plane is scattered over a wide area, with some 140 miles separating pieces of the wreckage. The crash zone is roughly 400 miles northeast of the Fernando de Noronha islands off of Brazil’s northern coast. The area is characterized by severe thunderstorms, rough seas and extreme depths where the ocean floor drops nearly 23,000 feet below sea level.

Recovery of the black box voice and data recorders is expected to be particularly challenging given the location of the debris. Heavy storms have delayed the arrival of submersibles which are expected to play a key role in the recovery of the black boxes. The equipment is expected to arrive on June 12th, and will include the Nautile, a mini-sub used to explore the wreckage of the Titanic.

Investigation Focusing on Automated Messages

The investigation is focusing heavily on automated messages sent from the plane as it flew threw a heavy thunderstorm. The messages indicate a series of failures that culminated with all systems shutting down, suggesting the plane broke apart in the sky or on impact with the ocean.

The chronology of events leading to this disaster is as follows:
-At 11pm local time on Sunday, the pilot sent a manual signal indicating he was flying through an area of thick electrically charged clouds accompanied by violent winds and lighting.
-Ten minutes later, the autopilot disengaged, and a key computer system switched to alternative power. Controls needed to stabilize the plane were damaged. Alarms began to sound indicating a flight system failure.
-Three minutes later, automatic messages indicate the main flight computer and wing spoilers failed. Systems monitoring air speed, altitude and direction also failed.
-One minute later, final automatic messages reported complete electronic failure and loss of cabin pressure, indications that the plane was likely plummeting toward the ocean.

Air France spokesman Nicolas Petteau directed questions about the automated messages to the BEA, the French investigation agency, whose spokesman, Martine del Bono declined to comment. Brazil’s defense minister also declined to comment, stating the investigation will be conducted by the BEA. Brazil is leading the recovery effort.

France has invited the U.S. National Transportation Safety Board to assist in the accident investigation. The investigation team from the U.S. will also include General Electric Aviation, which manufactured the Airbus 330’s engines, and Honeywell International, Inc. manufacturer of the black boxes and parts of the navigation and communication systems.

Conflicting Signals on Plane’s Speed a Factor?

France’s investigation agency indicated that two findings have been established: One is that the plane’s flight path was through dangerous and stormy weather, and the other is that a series of messages from Flight 447 gave conflicting indications of the plane’s speed. Speed is a critical factor in inclement weather; aviation analyst Bill Voss indicated if the plane was flying too fast in heavy turbulence, it could break apart, whereas if it was flying too slow, it could potentially stall.

Two officials close to the investigation speaking on the condition of anonymity said an iced-over external probe or bad speed sensor could have provided inaccurate information to the jet’s onboard computer. French investigators cautioned against any speculation that the plane was flying at the wrong speed.

It should be noted that while the AirbusA330 is ruggedly built to withstand lightening strikes and heavy turbulence, it also an extremely sophisticated aircraft that flies by-wire. This means that there are no mechanical or hydraulic links between the controls in the cockpit and the plane’s fundamental aerodynamic systems. Electronic impulses are sent from the cockpit to components such as wing flaps by small wires.

The entire aircraft is controlled by a series of computers that literally take the airplane’s control out of the pilot’s hands in certain situations. One analyst quoted in the New York Times likened the possibility of whatever happened to AF 447, to a series of events that befell two Quantas jets last year. According to reports, sensors in the plane sent the wrong signals to the aircraft computers, which caused the plane to lose altitude in rapid sequence.

Magaña, Cathcart & McCarthy has investigated and successfully litigated cases involving international airlines. Two of the firm’s attorneys are general aviation pilots while one of our attorneys flew helicopters in Vietnam. The firm extends our deepest sympathy to the families of those lost in this tragic accident.

A chartered helicopter from Long Beach-based Island Express crashed on Catalina Island on Saturday, May 24th, killing the pilot and two passengers. The pilot of the Eurocopter AS-350 has been identified as 33 year-old Emeric Maillet of Lakewood. Colleagues of one of the passengers identified her as Tania Hurd, a teacher at John Borroughs High School in Burbank, California. The other deceased passenger is believed to be an employee of Island Express. The names of the three surviving passengers have not been released. All three survivors were flown to mainland hospitals following the crash and two have been reported to be in critical condition.

By Monday, a makeshift memorial to Tania Hurd was formed at the main entrance to the campus at John Borroughs High School. Students and faculty were stunned by the loss of Hurd, who founded the culinary arts department at John Borroughs and whose son is a ninth-grader at John Borroughs. School principal Emilio Urioste recalled that Hurd had always wanted to fly in a helicopter-tragically, her first flight on a helicopter was fatal. Relatives of Tania Hurd had docked at Two Harbors to await her arrival, and witnessed the crash.

Investigators from the National Transportation Safety Board (NTSB) have flown to Catalina Island to investigate the cause of the crash. A witness reported seeing a fireball erupting from the tailpipe of the Eurocopter AS-350 while it was over the water. Federal investigators have recovered the engine and according to NTSB spokesman Terry Williams, the turboshaft engine is being shipped to the manufacturer for a “teardown analysis”. Investigators suspect engine failure as the cause of the crash.

Federal Aviation Administration (FAA) records show that the Island Express helicopter departed from Long Beach and was scheduled to return to that city. The crash occurred less than one hour after the chartered helicopter picked up passengers from Catalina. The helicopter crashed near Two Harbors, on the west side of Catalina Island, a short distance from the Banning House Lodge.

According to the website for Island Express, the company offers exclusive tours of Southern California and Santa Catalina Island. Founded in 1982, the company’s website touts that it flies “four top-of-the-line turbine helicopters” and employs three mechanics. In 1985, a helicopter operated by Island Express collided with another helicopter from San Pedro after picking up passengers in Avalon, Catalina’s largest town. One person was killed and 11 people were injured.

Coincidentally, Magaña, Cathcart & McCarthy’s Business Director and his family rode on Island Express helicopters on two chartered flights to Catalina just one month prior to the fatal crash.

MCM has engaged in aviation accident litigation for over 50 years. We have been involved in most of the major commercial airline accidents around the world and have represented the families of those lost in hundreds of general aviation accidents as well. Two of MCM’s attorneys are general aviation pilots while one of our attorneys flew helicopters in Vietnam.

MCM has handled many cases involving helicopters and has investigated and litigated cases against Eurocopter and Aerospatiale. In January of 1992, the divisions of MBB from Germany and Aerospatiale from France merged to form Eurocopter. MCM is currently handling a case involving the crash of a Eurocopter AS350 BA in the Grand Canyon. Our investigation revealed that the aircraft suffered hydraulic failure which led to a loss in control. The case is set for trial this summer.

Our deepest sympathy to the family and friends of Emeric Maillet, Tania Hurd and the other victims of the tragic accident in Catalina.

Continental Express flight number 3407 bound for Buffalo, New York from Newark, New Jersey crashed into a home in Clarence Center, New York at approximately 10:10pm on February 12, 2009. According to FAA officials, the flight was a commuter plane with 44 passengers and 4 crew members on board. The plane erupted into flames. Early reports indicated that at least one person on the ground was killed, and there were no survivors on the aircraft.

The commuter plane crashed into a suburban home approximately ten miles from Buffalo Niagara International Airport in upstate New York. The Bombardier Dash 8 Q400 was operated by Colgan Air, based in Manassas, VA. Twelve homes near the crash site were evacuated.

Magaña, Cathcart & McCarthy has investigated and litigated cases involving Bombardier aircraft. The firm has represented the families those who have lost loved ones in aviation accidents, including the families of singers/songwriters Ricky Nelson and John Denver; the family of New York Yankee Thurman Munson; Michael Scully, son of Dodger broadcaster Vin Scully; and KFI traffic reporter Bruce Wayne. Two of the firm’s attorneys are general aviation pilots while one of our attorneys flew helicopters in Vietnam. The firm extends our deepest sympathy to those lost and injured in this tragic accident.

By Carter P. Spohn

Nine firefighters died and four others were seriously injured on August 5th when a Sikorsky S-61 helicopter crashed in remote Trinity County, northwest of Redding. The chopper was carrying 11 firefighters and 2 crew members to battle a blaze in a wooded area near Junction City, about 215 miles northwest of Sacramento. The crash occurred around 7:30pm as the helicopter was taking off for duty. Federal Aviation Administration officials stated the Sikorsky S-61 was engulfed in flames after crashing “under unknown circumstances.” Preliminary reports indicate that weather and visibility are not believed to have been factors contributing to the crash.

According to the Air National Guard, the four injured were transported around 9pm Tuesday to the Mercy Medical Center in Redding. Three were later transferred to UC-Davis Medical Center in Sacramento. Two of the firefighters are listed in critical condition, and two are listed in serious condition.

The Sikorsky S-61 helicopter is owned by Carson Helicopters, which owns 12 helicopters which are used in firefighting efforts. The U.S. Forestry Department operated the helicopter. The military-style Sikorsky S-61 is a heavy helicopter equipped to carry water or fire-retardant chemicals to drop on a fire, or transport equipment and firefighters. The helicopter is capable of carrying up to 15 passengers. The pilot is listed as one of the injured and hospitalized; the co-pilot is currently listed as missing.

National Guardsmen and civilian pilots aided with the rescue efforts. FAA and NTSB investigators are enroute to the scene.

Aviation attorney Charles M. Finkel of Magaña, Cathcart & McCarthy resides in Redding and commutes to the Century City offices of Magaña, Cathcart & McCarthy by piloting a private plane. His weekly commute takes him directly over the site of the fire these firemen were battling. Mr. Finkel is a burn survivor who suffered burn injuries in an aviation accident. He donates his plane and his time to Angel’s Flight, a charitable organization that transports injured patients for medical treatment.

Magaña, Cathcart & McCarthy has investigated and litigated cases involving Sikorsky helicopters and is currently representing clients in other helicopter accident cases. Two of the firm’s attorneys are general aviation pilots while one of our attorneys flew helicopters in Vietnam. The firm extends our deepest sympathy to those lost and injured in this tragic accident.

A chartered Learjet 60 carrying two crew members and four passengers crashed during takeoff from Columbia, South Carolina on September 18. Killed in the crash were the pilot, Sarah Lemmon, 31, of Anaheim Hills, Calif.; co-pilot James Bland, 52, of Carlsbad, Calif.; Chris Baker, 29, of Studio City, Calif.; and Charles Still, 25, of Los Angeles. Los Angeles celebrities Travis Barker, former drummer for Blink-182, and celebrity disc jockey Adam Goldstein, known professionally as DJ AM, survived the crash with second and third-degree burns, but are expected to make a full recovery.

The National Transportation Safety Board (NTSB) is currently investigating the cause of the crash. The NTSB noted that the cockpit voice recorder indicated that the crew thought they had blown a tire and attempted to abort the takeoff, but were unable to stop the jet. The plane raced off the end of the runway and through a fence, crossing a highway before coming to rest. The plane was quickly engulfed in flames.

A witness to the crash described the plane as a fireball, and saw Barker and Goldstein frantically attempting to douse the flames from their clothes. The witness indicated he was told four others were still onboard the aircraft, but the flames were so intense he was unable to approach the burning wreckage. It took firefighters over an hour to gain control over the flames.

The jet was bound for Van Nuys, California at the time of the crash. Barker and Goldstein had just finished a concert and were flying home to California when the crash occurred. Baker and Still were close friends of Barker; Baker worked as Barker’s personal assistant and Still was Barker’s bodyguard. According to information released on September 22nd, Baker and Still died on impact, as autopsy reports did not find evidence of any smoke in their lungs.

The jet was owned by Global Exec Aviation, which provides charter flights for business executives and celebrities. The jet was certified to operate last year. The plane recently experienced technical issues that forced the plane to be diverted twice in the past month. On September 12 the jet took off from Teterboro, N.J. bound for Oklahoma when 20 minutes into the flight the plane was diverted back to New Jersey. Six days later, the plane again departed New Jersey, flew for 47 minutes, and returned to the Teterboro airport. Investigators are likely to focus on why the plane was diverted back to its original destination and whether there were any mechanical issues or maintenance issues causing the plane to be diverted.

The NTSB indicated that parts of the Learjet’s tire were recovered from the runway. Goodyear Tire & Rubber Co. is the manufacturer of the tire and is cooperating with the investigation. The NTSB is likely to focus on whether a defective tire is the proximate cause of the crash.

Magaña, Cathcart & McCarthy has investigated and litigated cases involving Learjet aircraft and the firm has represented the families of celebrities and media figures in aviation accidents, including singers/songwriters Ricky Nelson and John Denver; the family of New York Yankee Thurman Munson; Michael Scully, son of Dodger broadcaster Vin Scully; and KFI traffic reporter Bruce Wayne. Two of the firm’s attorneys are general aviation pilots while one of our attorneys flew helicopters in Vietnam. The firm extends our deepest sympathy to those lost and injured in this tragic accident.

Magaña, Cathcart & McCarthy is privileged to announce that the firm has been retained by Stacey Bean, M.D. and her two children to represent them in a claim against those responsible for the May 10, 2008 helicopter crash in which her husband, 37 year-old physician Darren B. Bean, M.D., lost his life. The MedFlight helicopter had departed the University of Wisconsin Hospital & Clinic to retrieve a patient in Prairie du Chien and transport her to Gunderson Lutheran Hospital in La Crosse. The Eurocopter EC135 crashed into a ridge between La Crosse and Onalaska shortly after refueling at La Crosse Airport. Also lost in the crash were Mark W. Coyne, R.N. and pilot Steve H. Lipperer.

Weather conditions at the time of the crash included fog and rain, which hampered search and recovery efforts. The wreckage was not discovered until the following morning. A local resident reported hearing the helicopter and stated it did not sound right. She does not recall hearing the actual crash.

In a tragic coincidence, as a young child Darren Bean was previously represented by Magaña, Cathcart & McCarthy in a claim involving the death of Darren’s father, Bruce Bean, in an airplane crash. Bruce Bean died in the crash of a Beech Queen-Air upon takeoff from the Albuquerque Airport on May 19, 1972. The firm successfully litigated a claim on behalf of Darren and his mother, Danielle. Bruce Bean was only 28 years old at the time of his death.

Darren Bean was a MedFlight physician for six years and the Madison Fire Department’s Medical Director. An assistant professor with the University of Wisconsin School of Medicine, Dr. Bean was a graduate of the University of Vermont College of Medicine. He leaves behind his wife; Stacey Bean, M.D., an emergency room physician at St. Mary’s Hospital, and two preschool children; Parker and Caitlyn.

A PHI Medical Air helicopter crashed 70 miles from Houston, Texas, killing all four people on board. The helicopter departed Huntsville Memorial Hospital bound for Memorial Hermann Hospital in Houston when it missed a check-in with dispatch just two minutes after take-off. The aircraft was equipped with a GPS locator which allowed rescue teams to narrow the search for the downed helicopter based on the last coordinates logged. The helicopter crashed on a private ranch approximately ten miles from Huntsville, in the densely wooded Sam Houston National Forest.

Authorities identified the deceased as pilot Wayne Kirby, flight paramedic Stephanie Waters, flight nurse Jana Bishop, and patient David Disman. According to PHI Medical Air, Kirby had over 30 years of experience as a pilot for PHI. The same flight crew is credited with saving a 2 year old pulled from a swimming pool in a successful mission just hours before the fatal crash.

2004 crash of Cessna 182 into the KFI radio tower near Fullerton Airport. Parent of plaintiffs killed in crash. Trial set for 2/07

Canright v. United States

2004 crash of Piper aircraft near Santa Barbara, CA on behalf of parents of one passenger. Settlement entered into with Estate of Pilot. Action pending against United States for negligence of air traffic controllers.

American Airlines Flight 547 Crash, Belle Harbor, NY, 2001
Confidential settlements on behalf of two families of Taiwanese businessmen.

Boudreau v. Lombardi

2004 incident where mercy mission aircraft ran off runway in Mexico. Settlement on behalf of a volunteer passenger on the aircraft.

Copeland v. AOG Air Support

Crash of DeHavilland Beaver in Ketchikan, Alaska killed young charter pilot. Settlement entered into on behalf of parents

Davis v. Lockheed, et al.

Crash of C-130 firefighting aircraft near Walker, California in 2002. Settlement entered into with re-manufacturer of center wing assembly on behalf of family of crewmember.

Drisdel v. United Airlines

2001 injury to passenger by cabin crewmember. Settlement.

Dubin v. Aviation Air Express

Crash of charter company P-210 in 2005 near Lebec, CA. Policy limit settlement for widow and child of passenger.

Elhessen v. Southwest Airlines

2003 incident where handicapped passenger injured while boarding aircraft. Confidential settlement.

Frank v. Robinson

Product liability action against helicopter manufacture resulting from 2001 crash in California. Confidential settlement.

He v. United Airlines

2000 accident where passenger injured by falling luggage on international flight. Settlement.

Li v. China Southern Airlines

2001 accident where passenger injured by falling luggage. Settlement.

Meepos v. Able Avionics, et al.

Crash of Cessna 210 during instrument approach into Hemet Airport, California. Seven figure settlement on behalf of wife and children of pilot as against avionics installer, avionics manufacturer, and chart manufacturer.

Navidi v. United States

2000 crash near Pomona, CA. Settlement with United States in case involving negligence of controllers on behalf of parents of student pilot.

Phares v. Robinson

Pilot and passenger badly burned in crash of Robinson R-22 helicopter in 2000. One died, and one suffered terribly. Confidential settlement entered into with manufacturer during jury selection.

Russell v. Justice Aviation

Policy limits settlement in death case where pilot rented aircraft and then crashed into Santa Monica Bay during darkness.

San Dimas Crash, July 4, 2002

Represented several ground victims injured, and a mother whose child was killed when a 1963 Cessna 3101 crashed shortly after take-off from Pomona, CA. Seven Figure settlement.

Sharma v. Virgin Atlantic Airlines

Passenger injured when he fell in lavatory. Federal court trial resulted in verdict of $251,880.28.

Singapore Airlines Flight 007, 10-31-00 crash at Taipei, Taiwan

30 cases on behalf of injured passenger, and families of those killed when the crew of a SIA 747 attempted to take-off on the wrong runway as a typhoon approached. Confidential settlements in all cases.

Southwest Airlines Crash at Burbank Airport, March 2000

Settlements on behalf of 9 clients injured when a Boeing 737 went off runway. One federal court jury trial with six figure verdict.