thedrifter
08-13-08, 09:19 AM
SDG&E Denies Blame In 2004 Marine Chopper Crash
POSTED: 4:16 pm PDT August 12, 2008
UPDATED: 7:03 pm PDT August 12, 2008
SAN DIEGO -- San Diego Gas & Electric was negligent in a 2004 helicopter crash that killed four Marines at Camp Pendleton because the utility failed to light a tower that the chopper struck at nighttime, an attorney told a jury Tuesday.
The families of Cpl. Joshua Harris, 21, First Lt. Michael S. Lawlor, 26, Capt. Adam Miller, 29, and 27-year-old Staff Sgt. Lori Privette filed a wrongful death lawsuit in August 2006 against SDG&E, seeking unspecified damages.
Their attorney, Todd Macaluso, told jurors in his opening statement that the utility was negligent for failing to light towers supporting power lines in the Talega Canyon area of the military base, where the fatal crash occurred.
Macaluso said SDG&E was on notice that the unlit towers and unmarked power lines were a hazard, but did nothing about it.
The Marines were on a training mission in the northwest portion of Camp Pendleton about 9 p.m. on Jan. 22, 2004, when the UH-1N Huey struck a tower, severing one of co-pilot Lawlor's legs and ejecting him, and sending the helicopter crashing to the ground, killing all on board.
The Marines had finished their training mission with a Cobra helicopter and were leaving the area when the crash occurred, Macaluso said.
"If the tower was lit, this accident would not have happened," the attorney said.
But Larry Davis, the attorney for SDG&E, blamed the accident and loss of life on the actions and conduct of the pilots and crew of the Huey and Cobra aircraft.
Davis said in his opening statement that the pilot of the Cobra helicopter -- which was hovering over the Huey -- failed in his responsibility to keep visual contact with the lower-flying chopper.
It was the obligation of the pilot of the higher-flying aircraft to challenge the flight path of the lower-flying helicopter, Davis told the jury.
Pilots using night-vision goggles -- which the pilots in question were -- need to fly at slower speeds in order to pick up obstacles in their flight path, Davis said.
He said the Huey helicopter was traveling more than 100 mph when it struck the 35-foot tower at the 123-foot level.
The pilots of the Huey and the Cobra had a previously scheduled training mission canceled the night of the accident and decided to do other training so they could make use of available time, Davis told the jury.
"They were not required to fly," the attorney said. "They were not required to use that particular route."
Davis said SDG&E has been cooperating with the Marine Corps regarding the lighting of power line towers on base.
The trial before Superior Court Judge David Oberholtzer is expected to last three to four weeks.
POSTED: 4:16 pm PDT August 12, 2008
UPDATED: 7:03 pm PDT August 12, 2008
SAN DIEGO -- San Diego Gas & Electric was negligent in a 2004 helicopter crash that killed four Marines at Camp Pendleton because the utility failed to light a tower that the chopper struck at nighttime, an attorney told a jury Tuesday.
The families of Cpl. Joshua Harris, 21, First Lt. Michael S. Lawlor, 26, Capt. Adam Miller, 29, and 27-year-old Staff Sgt. Lori Privette filed a wrongful death lawsuit in August 2006 against SDG&E, seeking unspecified damages.
Their attorney, Todd Macaluso, told jurors in his opening statement that the utility was negligent for failing to light towers supporting power lines in the Talega Canyon area of the military base, where the fatal crash occurred.
Macaluso said SDG&E was on notice that the unlit towers and unmarked power lines were a hazard, but did nothing about it.
The Marines were on a training mission in the northwest portion of Camp Pendleton about 9 p.m. on Jan. 22, 2004, when the UH-1N Huey struck a tower, severing one of co-pilot Lawlor's legs and ejecting him, and sending the helicopter crashing to the ground, killing all on board.
The Marines had finished their training mission with a Cobra helicopter and were leaving the area when the crash occurred, Macaluso said.
"If the tower was lit, this accident would not have happened," the attorney said.
But Larry Davis, the attorney for SDG&E, blamed the accident and loss of life on the actions and conduct of the pilots and crew of the Huey and Cobra aircraft.
Davis said in his opening statement that the pilot of the Cobra helicopter -- which was hovering over the Huey -- failed in his responsibility to keep visual contact with the lower-flying chopper.
It was the obligation of the pilot of the higher-flying aircraft to challenge the flight path of the lower-flying helicopter, Davis told the jury.
Pilots using night-vision goggles -- which the pilots in question were -- need to fly at slower speeds in order to pick up obstacles in their flight path, Davis said.
He said the Huey helicopter was traveling more than 100 mph when it struck the 35-foot tower at the 123-foot level.
The pilots of the Huey and the Cobra had a previously scheduled training mission canceled the night of the accident and decided to do other training so they could make use of available time, Davis told the jury.
"They were not required to fly," the attorney said. "They were not required to use that particular route."
Davis said SDG&E has been cooperating with the Marine Corps regarding the lighting of power line towers on base.
The trial before Superior Court Judge David Oberholtzer is expected to last three to four weeks.