Everett, Wash.
Published: Monday, February 18, 2008

Skydivers' families fight for Cessna decertification

The plane that crashed wasn't safe for icy weather, lawsuits say.

By Lukas Velush
Herald Writer

 The families of all nine skydivers who died in an Oct. 7 plane crash at White Pass want to prevent the Cessna 208B Grand Caravan from ever flying in conditions where its wings could ice up, their lawyer said.

The crash, the deadliest in the United States in 2007, killed nine Snohomish-based skydivers and their pilot.

Dean Brett, a Bellingham-based lawyer, said he's already filed federal lawsuits against Cessna Aircraft Co. and Goodrich Corp. on behalf of five of the skydivers' families and expects to bring four more in the coming weeks.

"Our commitment to the families is this: When we're through with this case, this Cessna 208B will no longer be certified to fly into icing conditions," Brett said. "Too many planes have gone down. Too many people have died."

The airplane, a version of a cargo air ship, was en route to Shelton in Mason County from Star, Idaho, after a skydiving event. It crashed in the rugged Cascade Range west of Yakima, killing all onboard.

Cessna officials say their plane is safe to fly in inclement weather.

"The (Federal Aviation Administration) has certified it to fly in icing conditions," said Doug Oliver, Cessna's spokesman. "They certify every aircraft the same way. They have the same requirements for all airplanes. The tests are the same. The company is held to the same standard for every airplane."

He wouldn't comment further, saying it's his company's policy to not comment about pending litigation.

The suits already filed were brought between Nov. 29 and Jan. 28 in conjunction with a Chicago-based law firm, Nolan Law Group, which represents others in lawsuits stemming from Cessna 208B crashes in the United States, Canada and Russia.

The common theme in all the cases are allegations that equipment designed to keep the wings free of ice in freezing and wet flying conditions failed, causing the planes to crash, Brett said.

"Our goal is to decertify the plane," Brett said. "We're going to make it cheaper to decertify the plane than to pay for the deaths that they cause."

The families of those who died in the October crash have rallied around keeping the plane out of the air, he said.

Crashes in four countries are being investigated as part of a single legal proceeding before a U.S. District Court judge in Kansas City, Kan., said Jerry Skinner, an attorney with the Nolan Law Group.

That means the Snohomish skydiver deaths will be grouped with lawsuits investigating other Cessna 208B accidents in Idaho; Texas; Manitoba, Canada; Moscow, Russia; and Bolivia.

The aim of the multi-jurisdictional proceeding is to allow attorneys to argue the merits of the Cessna 208B icing equipment just once. The concept is to take the findings from the proceeding and use them to try each case in the court they were filed in, Skinner said.

Lawsuits already have been filed by the families of Bryan Jones, 34, of Redmond; Andrew Smith, 20, of Lake Stevens; Hollie Rasberry, 24, of Bellingham; Casey Craig, 30, of Bothell; and Cecil Eslner, 20, of Lake Stevens. Brett said he also has been preparing lawsuits for the families of Landon Atkin, 20, of Snohomish and Michelle Barker, 22, of Kirkland this week, and for the families of Ralph Abdo, 27, of Issaquah and Jeff Ross, 28, of Snohomish.

The skydivers were members of Skydive Snohomish, based at Harvey Airfield in Snohomish.

Brett said pilot Phil Kibler's family has not contacted him and likely will be represented by another lawyer.



Reporter Lukas Velush: 425-339-3449 or lvelush@heraldnet.com.
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