Children Sue Pilot’s Estate After Fatal Crash

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August 1st, 2006

"Lawsuit Filed Aginst Pilot''s Estate"

The children of an Oregon couple killed in an aviation accident last year have filed a lawsuit against the pilot''s estate seeking more than $2 million in damages.

Art and Jean Pogrell, 68 and 64-years-old respectively, died on May 24, 2005 when their plane crashed into a field just seconds after takeoff. Michael McCartney, 60, the pilot, and his wife, Pam, also died in the crash.

The Pogrell''s left behind four children – two sons and two daughters. They filed the wrongful death suit last week, claiming that pilot error caused the plane to crash. The lawsuit specifically cites various safety violations.

According to the complaint, McCartney failed “to maintain control of the aircraft,” “take emergency measures,” and “properly maintain” the plane. A federal investigation into the crash revealed that his pilot''s license was suspended in 1985 for regulation abuses.

The National Transportation Safety Board said that McCartney reapplied for a commercial aviation license in 1987 using a phony first name and Social Security number. The license was granted.

Federal investigators also said that McCartney had not received any special training on how to fly his 32-year-old Mitsubishi MU-2 turboprop plane, which aircraft experts say is an especially difficult plane to fly.

Ladd C. Sanger, attorney for the plaintiffs, said that McCartney “should never have been flying the airplane.” He added that McCartney was cited decades ago for irresponsible flying.

The lawsuit is asking for damages to cover burial costs as well as loss of companionship, society, and future income. The plaintiffs may also seek punitive damages.

Victim of an aviation accident? Please contact us to learn more about your legal rights and options.