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Sep. 02, 2006
Copyright © Las Vegas Review-Journal


2003 HELICOPTER CRASH: $3.2 million in damages awarded

Jury's verdict supports woman whose daughter died in Grand Canyon tragedy

By GLENN PUIT
REVIEW-JOURNAL

A woman whose daughter was one of seven people killed in a 2003 helicopter crash in the Grand Canyon has been awarded $3.2 million in damages by a Clark County jury.

Attorneys for Ikuko Hatano -- whose daughter, Makiko, died in the crash -- said the verdict against Las Vegas helicopter tour operator Sundance Helicopters proves that Sundance was negligent in the crash.

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"My client is extremely happy," attorney Michael Ely said. "It's a fair, right and just result."

"This wasn't about the money for her," Ely said. "It was about the jury validating her loss, validating her feelings, and she feels like Sundance didn't do that by forcing her to go to trial."

But despite the multimillion-dollar verdict, it wasn't all bad news for the helicopter company. This is because the jury elected not to impose punitive damages against the company that could have resulted in a much larger verdict.

Gregory Miles, an attorney for the company, could not be reached for comment Friday.

He has said previously that the company has an outstanding safety record.

According to authorities, Makiko Hatano came to Las Vegas as a tourist and wanted to take a helicopter tour of the Grand Canyon. On Sept. 20, 2003, she flew to the Grand Canyon West airport, then took a helicopter ride with five other tourists and pilot Takashi Mezaki.

A blade of the helicopter clipped a canyon wall, and the aircraft plummeted to the ground. All seven on board were killed.

During a nearly two-week trial in the courtroom of District Judge David Wall, attorneys for Hatano said Mezaki had a history of reckless flying. They said evidence indicated that Mezaki commonly gave passengers thrill rides, yet Sundance failed to fire the pilot for the reckless behavior.

"The National Transportation Safety Board did interviews with passengers from prior flights, and these passengers told of some pretty wild rides," Ely said.

One tourist photo taken during a flight piloted by Mezaki before the crash showed the pilot flying at a 60 degree angle, which did not fall under commonly accepted safety guidelines in the canyon, Ely said. Another similar photo showed Mezaki piloting the craft with a speed reading of 146 knots, faster than the recommended speed for pilots in the canyon.

According to Hatano's attorneys, an administrator with a Las Vegas aviation company once got on a flight with Mezaki and was given a thrill ride. He notified Sundance about the flight and Mezaki was suspended, but the suspension never was imposed formally.

The attorneys also said that at least one other passenger had complained about Mezaki's flying before the crash. These issues resonated with the jury, said Hatano family attorney Carolyn Ellsworth, who spoke with jurors afterward.

"They absolutely felt the pilot was reckless," Ellsworth said. "They also felt that although Sundance was negligent in the supervision and retention of their pilot, the malice wasn't sufficient to come back with punitive damages."

The National Transportation Safety Board has yet to issue a formal finding as to the cause of the crash.

Attorneys for Sundance said a helicopter phenomenon commonly called jack stall or servo transparency was to blame for the crash. The phenomenon involves a temporary loss of control of the aircraft because of a problem with the hydraulic system.

The crash was the second in two years for Las Vegas helicopter companies that offer aerial tours. In 2001, a Papillon helicopter accident killed six people near Meadview, Ariz.

The NTSB blamed that crash on a pilot who authorities said had engaged in dangerous flying practices. A settlement reached in December on behalf of crash victim Chana Daskal totaled $38 million, making it one of the largest pretrial personal injury settlements for an individual in U.S. history.

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