thedrifter
08-29-08, 06:05 AM
Last modified Thursday, August 28, 2008 11:26 PM PDT
REGION: Jury to decide if SDG&E at fault for fatal copter crash
By TERI FIGUEROA - Staff Writer
SAN DIEGO ---- San Diego Gas & Electric Co. says pilot error caused a Marine helicopter to slam into a power-line tower four years ago. The families of the four Marines killed in the crash say the utility is to blame because the tower was not lit.
Jurors heard the conflicting theories Thursday as the opposing sides made their closing arguments to jurors in a civil trial brought by the families of the Marines.
On Tuesday, the jurors will start deliberating over whether SDG&E is to blame for the crash of the ill-fated UH-1N Huey.
Four Miramar-based Marines, all of whom were Iraq veterans, died as a result of the Jan. 22, 2004, crash in the northwest corner of Camp Pendleton, south of San Clemente.
Their families have sued the utility for negligence. The tower that carried the power lines through Talega Canyon was unlit, they maintain, and the power lines themselves were devoid of any of the large balls designed to mark them in the sky for pilots.
The attorneys for the families did not state a specific amount they wanted jury members to levy against the utility should they find it at fault.
Killed in the crash were Capt. Adam Miller, 30, the pilot at the time of the crash, and 1st Lt. Michael Lawlor, 27, the copilot, who was posthumously promoted to captain. Also killed were Staff Sgt. Lori Anne Privette, 26, and Cpl. Joshua Harris, 22.
"It's a significant tragedy that we lost such fine, fine individuals," plaintiffs attorney James Frantz told the jury in his closing statement Thursday, "when this entire accident could have been avoided with some marking devices."
The utility blamed the crash on human error, and said the company had not been asked to light the tower, which is among 141 miles of transmission power lines the utility has strung through Camp Pendleton, before the crash.
SDG&E's attorney Larry Davis said the Marine Corps was obligated to tell the utility about any potential hazards the towers or power lines might cause.
"Who better to know the operational needs and what poses a safety hazard than the Marine Corps itself?" Davis argued.
And federal regulations, he said, did not require the 135-foot tower to be lit.
Davis has pointed to pilot error, arguing the aircraft was outside of the route used for the training mission it was on, and the helicopter was going too fast ---- in excess of 100 mph ---- for the safe use of night-vision goggles, which amplify light. The aircraft also was flying far too low for the area it was in, he has said.
After the court session ended and the jury had left, attorney Todd Macaluso, who represents the families, pointed to what he said is evidence that the utility is to blame: the utility recently installed more than 70 lights in Talega Canyon.
"SDG&E's conduct was egregious in not lighting (the towers)," Macaluso said, "and that is proven by the fact that they lit the towers during trial."
But SDG&E spokeswoman Christy Heiser said it was happenstance that the installation occurred during the trial. The project has been in the works with the military since shortly after the crash, she said.
The military green-lighted the project in early 2007. Construction work began last fall and continued again this past spring, she said, and the lights were recently installed.
Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.
Ellie
REGION: Jury to decide if SDG&E at fault for fatal copter crash
By TERI FIGUEROA - Staff Writer
SAN DIEGO ---- San Diego Gas & Electric Co. says pilot error caused a Marine helicopter to slam into a power-line tower four years ago. The families of the four Marines killed in the crash say the utility is to blame because the tower was not lit.
Jurors heard the conflicting theories Thursday as the opposing sides made their closing arguments to jurors in a civil trial brought by the families of the Marines.
On Tuesday, the jurors will start deliberating over whether SDG&E is to blame for the crash of the ill-fated UH-1N Huey.
Four Miramar-based Marines, all of whom were Iraq veterans, died as a result of the Jan. 22, 2004, crash in the northwest corner of Camp Pendleton, south of San Clemente.
Their families have sued the utility for negligence. The tower that carried the power lines through Talega Canyon was unlit, they maintain, and the power lines themselves were devoid of any of the large balls designed to mark them in the sky for pilots.
The attorneys for the families did not state a specific amount they wanted jury members to levy against the utility should they find it at fault.
Killed in the crash were Capt. Adam Miller, 30, the pilot at the time of the crash, and 1st Lt. Michael Lawlor, 27, the copilot, who was posthumously promoted to captain. Also killed were Staff Sgt. Lori Anne Privette, 26, and Cpl. Joshua Harris, 22.
"It's a significant tragedy that we lost such fine, fine individuals," plaintiffs attorney James Frantz told the jury in his closing statement Thursday, "when this entire accident could have been avoided with some marking devices."
The utility blamed the crash on human error, and said the company had not been asked to light the tower, which is among 141 miles of transmission power lines the utility has strung through Camp Pendleton, before the crash.
SDG&E's attorney Larry Davis said the Marine Corps was obligated to tell the utility about any potential hazards the towers or power lines might cause.
"Who better to know the operational needs and what poses a safety hazard than the Marine Corps itself?" Davis argued.
And federal regulations, he said, did not require the 135-foot tower to be lit.
Davis has pointed to pilot error, arguing the aircraft was outside of the route used for the training mission it was on, and the helicopter was going too fast ---- in excess of 100 mph ---- for the safe use of night-vision goggles, which amplify light. The aircraft also was flying far too low for the area it was in, he has said.
After the court session ended and the jury had left, attorney Todd Macaluso, who represents the families, pointed to what he said is evidence that the utility is to blame: the utility recently installed more than 70 lights in Talega Canyon.
"SDG&E's conduct was egregious in not lighting (the towers)," Macaluso said, "and that is proven by the fact that they lit the towers during trial."
But SDG&E spokeswoman Christy Heiser said it was happenstance that the installation occurred during the trial. The project has been in the works with the military since shortly after the crash, she said.
The military green-lighted the project in early 2007. Construction work began last fall and continued again this past spring, she said, and the lights were recently installed.
Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.
Ellie