Products Liability
Pilot killed, passenger suffered brain injury in helicopter crash
| $4,200,000.00 | |
| Manufacturing Defect, Products Liability - Design Defect, Wrongful Death, Aviation | |
| Steven Takacs, Bridget Smith individually and as representative of the Estate of Robert Smith Jr., Robert Smith Sr. and Gabrielle Greene v. Eurocopter SAS, American Eurocopter Corp., Goodirch Corp. and Goodrich Actuation Systems SAS, No. 2008-2197 | |
| El Paso County District Court, 327th, TX | |
| Linda Yee Chew |
|
| 11-16-2012 |
- Walter L. Boyaki; Miranda & Boyaki; El Paso, TX, for Gabrielle Greene
- Jon Kettles; The Kettles Law Firm; Dallas, TX, for Estate of Robert Smith, Jr., Bridget Smith
- Enrique Moreno; Law Office of Enrique Moreno; El Paso, TX, for Estate of Robert Smith, Jr., Bridget Smith
- Mark D. Pierce; Slack & Davis; Austin, TX, for Steven Takacs
- Victor F. Poulos; Volk, Poulos & Coates; El Paso, TX, for Robert Smith, Sr.
- Arthur Coffman; Aeronautical; Amarillo, TX called by: Walter Boyaki, Jon Kettles, Enrique Moreno, Mark Pierce, Victor Poulos
- Noah Manring; Aeronautical; Columbia, MO called by: Walter Boyaki, Jon Kettles, Enrique Moreno, Mark Pierce, Victor Poulos
- Michael Mrochek M.D.; Physical Medicine; El Paso, TX called by: Walter Boyaki, Jon Kettles, Enrique Moreno, Mark Pierce, Victor Poulos
- Tommy McFall; Aviation; Southlake, TX called by: Walter Boyaki, Jon Kettles, Enrique Moreno, Mark Pierce, Victor Poulos
- David W. Chant; Brown, Dean, Wiseman, Proctor, Hart & Howell; Forth Worth, TX, for Goodrich Corp., Goodrich Actuation Systems SAS
- Cori Harbour-Valez; The Harbour Law Firm; El Paso, TX, for Goodrich Corp., Goodrich Actuation Systems SAS
- Joseph L HoodJr.; Windle, Hood, Alley, Norton, Brittain & Jay; El Paso, TX, for Eurocopter SAS, American Eurocopter Corp.
- Steve Howell; Brown, Dean, Wiseman, Proctor, Hart & Howell; Fort Worth, TX, for Goodrich Corp., Goodrich Actuation Systems SAS
- Joe Ortego; Nixon Peabody L.L.P.; New York, NY, for Eurocopter SAS, American Eurocopter Corp.
- John W. Proctor; Brown, Dean, Wiseman, Proctor, Hart & Howell; Fort Worth, TX, for Goodrich Corp., Goodrich Actuation Systems SAS
- Carlos Rincon; Rincon Law Group; El Paso, TX, for Goodrich Corp., Goodrich Actuation Systems SAS
- Eric Strain; Nixon Peabody LLP; San Francisco, CA, for Eurocopter SAS, American Eurocopter Corp.
- Philip Lane; Aeronautical; Cupertino, CA called by: David Chant, Cori Harbour-Valez, Joseph Hood, Steve Howell, Joe Ortego, John Proctor, Carlos Rincon, Eric Strain
- Lindsay Cunningham; Aviation; Grand Prairie, TX called by: David Chant, Cori Harbour-Valez, Joseph Hood, Steve Howell, Joe Ortego, John Proctor, Carlos Rincon, Eric Strain
- Bruce Webb; Aeronautical; Grand Prairie, TX called by: David Chant, Cori Harbour-Valez, Joseph Hood, Steve Howell, Joe Ortego, John Proctor, Carlos Rincon, Eric Strain
On May 27, 2007, plaintiff Steven Takacs, 36, a U.S. Border Patrol agent, was a passenger in a Eurocopter AS350B3 helicopter with approximately 700 hours of service being flown by plaintiffs' decedent Robert Smith Jr., 46, near the El Paso border when the aircraft crashed. Smith sustained fatal injuries. Takacs sustained a traumatic brain injury. The aircraft's control stick was connected to its control surfaces by a hydraulic servo actuator manufactured by Goodrich Actuation Systems.
Takacs, with Smith's wife and parents as intervenor plaintiffs, sued Eurocopter and Goodrich for products liability. Plaintiffs' counsel alleged that a manufacturing defect in the servo was the cause of the crash. The plaintiffs' aircraft experts testified that a ring seal in the servo was defective and failed, leaving Smith unable to control the aircraft.
Plaintiffs' counsel argued that Goodrich was unable to produce post-production acceptance test documentation for the servo. Plaintiffs' counsel maintained that Eurocopter's design was defective, arguing it lacked backup control servos and was unreasonably dangerous. Plaintiff's counsel argued that such backups are technically and economically feasible and in use in other Eurocopter-manufactured helicopters.
The defendants' technical experts testified that the ring seal was not defective, and maintained that what the plaintiffs' experts had testified were manufacturing defects were damages sustained in the crash.
The defendants' piloting and accident reconstruction experts testified that due to errors on Smith's part the helicopter entered a vortex ring state that caused a rapid decent and the crash. Counsel for Goodyear denied the helicopter's design was defective, claiming use of a single servo was not unreasonably dangerous.
Smith sustained multiple serious injuries and was declared dead on the scene. Takacs sustained a basilar skull fracture with bleeding in the brain and a traumatic brain injury, multiple transverse process fractures to the thoracic and lumbar spine, multiple rib fractures, LeFort II and III fractures to his cheekbones, eye orbits, upper jaw, nose and septum, a collapsed lung, punctured bowels and a 10 cm deep pressure wound to his right buttock.
The plaintiff underwent multiple surgeries to repair his internal injuries and to implant three plates in his face. He was hospitalized for 22 days, after which he began physical therapy and chiropractic care which were ongoing at the time of trial. He returned to work six months after the crash. He is rated as 20 percent impaired, and has tested with moderate hearing loss in his left ear and mild loss in his right. He claimed to continue to experience tinnitus, dizziness and shortness of breath. Counsel for Takacs sought an unspecified amount for past lost earnings and future pain and suffering, physical impairment and medical expenses, while counsel for Smith's survivors sought an unspecified amount for future emotional distress and loss of pecuniary contribution.
The jury found that the servo was defectively manufactured but that the helicopter was not defectively designed, and found Goodrich solely liable. The plaintiffs were awarded $4.2 million.
Gabrielle Greene
$100,000 Wrongful Death: Past Mental Angiush
Bridget Smith
$2,000,000 Wrongful Death: Past Loss Of Pecuniary Contribution
Robert Smith, Sr.
$100,000 Wrongful Death: Past Mental Angiush
Steven Takacs
$500,000 Personal Injury: Future Medical Cost
$1,000,000 Personal Injury: Future Physical Impairment
$40,000 Personal Injury: Past Lost Earnings Capability
$460,000 Personal Injury: Future Pain And Suffering
This report is based on information that was provided by counsel for Takacs, Bridget Smith, Robert Smith Sr. and Eurocopter. Counsel for the remaining parties did not respond to calls for comment.
