Military-Related (Confidential)

$3,000,000.00 settlement for the families of two marines who were killed when a rivet hole fractured causing the tail fin to separate and their helicopter crashed.

Plaintiff's Techical Expert Witnesses:
Charles Wray (Riveting techniques/maintenance procedures)
208 Springdale Drive, Enterprise, AL 36330, (334)347-2051

Bobby Ross (Aviation/Investigation), 4377 Chelsea Drive, Baton Rouge, LA 70809, (225) 926-7707

Lawrence Kashar, Ph.D. (Metallurgy), Kashar Technical Services, Inc.
5701 West Slauson Avenue, Suite 115, Culver City, CA 90230, (310)645-4404

Charles S. “Chuck” Skvoretz (Demonstrative Evidence), Chuck’s Custom Crafts
1519 Alcala Place, San Diego, CA 92111, (858)279-2195

Defendant Insurance: Lloyds of London

Date, Time and Place of Incident(s): February 14, 2002, Chocolate Mountains near Yuma, Arizona

Facts and Background:  
On February 14, 2002, a United State Marines Corps Helicopter Squadron was conducting Night Vision Device certification flights in the Chocolate Mountains near Yuma, Arizona. One of the escort helicopters for the mission was a Bell UH-1N Huey helicopter, with two pilots and a crew of two. The helicopter suffered an in-flight separation of the vertical tail fin and crashed.

Plaintiff's Contentions, Allegations:
Crash investigations concluded that a structural component of the tail fin, known as a spar cap, failed as a result of a fracture which originated at a rivet hole. Plaintiffs contended that the fracture initiated at the rivet hole due to poor workmanship by a civilian contractor that allegedly drilled out the hole. Plaintiffs also contended that the civilian contractor failed to warn the military of a non-conforming part in the tail fin.

Injuries and/or Damages: Two fatalities

Defense:
The defense contended that the non-conforming part and the allegedly defective rivet were installed by military artisans and that the installation was accepted by the military. The civilian contractor denied conducting any work on the subject rivet hole and contended that there was no basis to warn the military about a non-conforming part that was not involved in their scope of work. The defense argued that the government contractor defense served as a complete bar to Plaintiffs' claims.

Notes:
Mediation before Justice Howard B. Weiner, retired, took place after Defendant's Motion for Summary Judgment based on the government contractor defense was denied by Hon. William C. Pate.

Settlement Amounts: $3,000,000+

Verdict or Award: Settled

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

Attorney for defendant:
Gregory C. Read, Esq. and Mary J. Liddy, Esq., Sedgwick, Detert, Moran & Arnold, LLP
One Market Plaza, Steuart Tower, 8th Floor, San Francisco, CA 94105, (415)781-7900

Individual Plaintiff: Surviving wife and parents of one decedent, surviving five children of second decedent

Individual Defendant: Confidential