Joey Harper v. Civic Helicopters, et al.

$2,065,000 settlement in a helicopter crash case involving reckless flying when the pilot of the aircraft flew into power lines at Catalina Island. Lead attorney partner Mickey McGuire with associate Ian Fusselman.

Plaintiff's Medical Expert Witnesses:
Neuropsychology:
Mark McDonough, Ph.D., Scripps Hospital, 310 Santa Fe Drive, Suite 107, Encinitas, CA  92024
Neurology:
Michael Lobatz, M.D., Scripps Encinitas Acute Rehab Center, 320 Santa Fe Drive, #108, Encinitas, CA 92024
Physical Rehabilitation:
Jerome C. Stenehjem, MD, Sharp Rehabilitation  Center, 2999 Health Center Drive, San Diego, CA 92123, 858-939-4480
Vocational Rehabilitation:
Robert B. Hall, Ph.D., C.R.C., HALL ASSOCIATES
Rehabilitation Consultants, 8580 La Mesa Bvd., #101, La Mesa, CA 91941
Life Care Plan:
Doreen Casuto, RN, REHABILITATION CARE COORDINATION
7851 Mission Center Court, Ste. 103, San Diego, CA 92108
Economist: Vicky Wolf, CPA, Brodshatzer, Wallace, Spoon & Yip
555 West Beech Street, Suite 400, San Diego, CA 92101

Plaintiff's Medical Expert Witnesses:
Standard of Care - Commercial Operator, Dirk Vahle, 4670 Calle Carga, Suite A, Camarillo, CA 93012
Standard of Care - Pilot and Wire Marking, James D. Shuler, 129 Vista Monte, Palm Desert, CA 92260, 760-837-3910
Human Factors and Conspicuity, James Harris, HARRIS VISIBILITY STUDIES, INC.,
2699 Camino Artemisa, Alpine, CA 91901

Defendant Insurance:
Randall Bozarth, Chin Tu, Pauline Tu and Civic Helicopters: Excel Insurance
Edison International:  Claims within self-insured retainer

Date, Time and Place of Incident(s): October 19, 2005, Catalina Island, California

Facts and Background:  
On October 19, 2005, Randy Bozarth was flying a Hughes 500 jet helicopter to Catalina Island with one passenger, Joey Harper, on a pleasure flight.  An eyewitness observed Mr. Bozarth flying at 75 feet above the water.  He pulled up just before reaching the Catalina shoreline and flew directly into power lines, causing the helicopter to crash.

Mr. Bozarth had a history of other low flying incidents.  In 2003, Mr. Bozarth was piloting the accident helicopter while he was towing a friend behind the helicopter on a wake board. Witnesses reported that he flew the accident helicopter as low as 50 feet above people and boats on the Colorado River and landed on a sandbar. Park rangers received reports that the blades of the helicopter were low enough to chop people up on the beach. As a result of an investigation into these actions, the Federal Aviation Administration suspended Randy Bozarth’s pilot’s license.  The suspension under appeal (and the license was valid) at the time of the subject crash.


In 2004, Mr. Bozarth landed the accident aircraft in a parking lot at Hearst Castle in San Simeon, California.  He reportedly told the park rangers that he wanted to take a tour of Hearst Castle.  A Parks and Recreations officer cited Randy Bozarth for landing in a State Park without permission.

Defendants Chin Tu and Pauline Tu were the registered owners of the accident aircraft. They leased the aircraft to Civic Helicopters, which Chin and Pauline Tu also owned.  Civic Helicopters was responsible for the operation and maintenance of the helicopter. 

Chin Tu was aware of the investigations into the Colorado River incidents and the Hearst Castle incident.   Mr. Bozarth also discussed the suspension of his license with Mr. Tu.

In 2002, Randy Bozarth and Chin Tu were both observed flying low over Mt. Rushmore and Crazy Horse Mountain.  Workers planting explosives at Crazy Horse Mountain reported that the helicopters were close enough to them that they feared for their lives.   As a result of this flight, the FAA suspended Mr. Tu's pilot’s license (Mr. Bozarth wasn't identified as the pilot of the second aircraft at the time of the incident).  Mr. Tu successfully appealed the suspension after serving the full term of the suspension.

Chin Tu and Civic Helicopters took no steps to ensure that Randy Bozarth flew the helicopter safely.  Chin Tu and Civic Helicopters never conveyed anything to Randy Bozarth regarding their expectations concerning low-level flights.  Instead, after learning of the complaints of low level flying and pulling a wake boarder, Chin Tu told Randy Bozarth “Don’t do anything stupid in public.” Chin Tu did nothing to determine exactly what happened to give rise to the Colorado River complaints.

Plaintiff contended that Randy Bozarth was negligent in his operation of the helicopter and that Chin Tu, Pauline Tu and Civic Helicopters negligently entrusted the helicopter to Mr. Bozarth. 

Plaintiff also investigated claims against Edison International relating to the potential need to mark the wires.

Injuries and/or Damages:
Mr. Harper sustained life threatening orthopedic and internal injuries and suffered a closed head trauma and brain injury.

Defense:
Defendants contended that the wire strike would have been avoided if the wires had been marked.  Chin Tu, Pauline Tu and Civic Helicopters also contended that they did not have a legal duty or right to limit Randy Bozarth's use of the helicopter because he was a co-owner of the aircraft.  Mr. Tu also denied knowledge of Mr. Bozarth's prior reckless behavior.

Defendants also disputed the extent of Plaintiff's injuries and damages.

Notes:
Randall Bozarth, Chin Tu, Pauline Tu and Civic Helicopters were all covered by the same liability policy with $1,000,000 policy limits. 

Specials: Past Medical: $509,000

Settlement Amounts: $2,065,000 (present cash plus expected future benefits)

Verdict or Award: Settled

Attorney for client: Ian Fusselman, Esq. and John F. "Mickey" McGuire, Esq.

Attorney for defendant:
Attorneys for Defendants and Cross-Complainants CIVIC HELICOPTERS, INC., CHIN YI TU, and PAULINE TU
Douglas J. Pahl, Esq., KERN AND WOOLEY LLP
11100 Santa Monica Boulevard, Los Angeles, CA 90025, (310) 824-1777; Fax (310) 824-0892

Attorneys for Defendant RANDY BOZARTH
Peter C. Ver Halen, Esq., Peter C. Ver Halen Law Corp.
11766 Wilshire Boulevard, Suite 460, Los Angeles, CA  90025, (310) 312-1072; Fax (310) 312-1034

Attorneys for Defendant EDISON INTERNATIONAL
Friedrich W. Seitz, Esq., Richard C. Moreno, Esq., Murchison & Cumming, LLP
801 S. Grand Avenue, 9th Floor, Los Angeles, CA  90017, (213) 623-7400; Fax (213) 623-6336

Individual Defendants:
Randall Bozarth:  Pilot and co-owner of helicopter
Civic Helicopters: Operator/Leaseholder of helicopter
Chin Tu: Co-owner of helicopter
Pauline Tu: Co-owner of helicopter
Edison International:  Owner of power lines