Widow Prevails Against Pratt & Whitney in Wrongful Death Action on Behalf Lester Shadrick.
June 28th, 2010
Marlene Shadrick brought this case as the personal representative of the Estate Lester Lee Shadrick. Mr. Shadrick was a pilot in command of a Bell model 412 helicopter on a firefighting mission that crashed near Cold Springs, Nevada due to engine failure. Mr. Shadrick died in the crash; he was 52.
Defendants argued that the accident was the sole fault and negligence of the pilot in carrying water loads, exceeding the gross weight limitations of the aircraft. Plaintiffs were able to demonstrate that the crash occurred when a compressor turbine disk (CT disk), a critical component in one of the helicopters twin engines, suffered catastrophic metallurgical failure during flight. Discovery revealed maintenance records that concluded the disk would require replacement. The alternative method of polishing the disk and returning the helicopter to service was reported to be unsafe in the maintenance records. The company decided to overrule the recommendation, polishing the disk and returning the craft to service.
A confidential settlement was reached with the maintenance facility that performed the engine overhaul and placed the disk in service. The plaintiffs then proceed to trial against the manufacturer of the engines, Pratt Whitney Corporation, alleging a design failure of insufficient redundancy causing both engines to fail instead of one. Plaintiff’s secured a settlement while the jury was still deliberating for a substantial sum, subject to a confidentiality agreement.
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