PITTSBURGH – The figurative wheels are back up on a lawsuit between a pilot and the California airline he worked for, one he alleges subjected him to negligent, prolonged carbon monoxide exposure in the planes he was flying.
After a November decision which granted relief from bankruptcy proceedings connected to defendant OneJet, Inc., plaintiff Jeremy Ravotti sought to re-open the case via motion on Feb. 26.
“Presumably in this case, debtor [OneJet] has liability insurance and the proceeds of that insurance would cover the injuries sustained by Ravotti as described in his complaint. Ravotti therefore seeks to continue the instant personal injury action for which there is likely coverage under debtor’s applicable insurance policies should he obtain any recovery against debtor,” Ravotti’s motion stated, in part.
“The insurance coverage will permit Ravotti to recover for his injuries via the insurance proceeds without affecting the assets of the bankruptcy of debtor. Moreover, the proceeds of debtor’s applicable insurance policies would not be made payable to debtor as a beneficiary, but rather, Ravotti as a third party who was harmed by debtor under the terms of the applicable policies. Debtor therefore has no cognizable interest in the proceeds of the applicable policies here.”
On March 2, U.S. District Judge Mark R. Hornak granted the motion lifting the stay on Ravotti’s litigation against OneJet, thus reinstating it.
Ravotti, of Leechburg, first filed suit in the U.S. District Court for the Western District of Pennsylvania on Nov. 28, 2018 versus OneJet, Inc. of Larkspur, Calif.
The suit concerns the airplanes’ allegedly-defective “bleed air” system, one which regulates the air entering the cabin and cockpit after making contact with the plane’s engines. It can become contaminated with heated jet engine oil and toxic byproducts, increase the temperature throughout the airplane and produce fumes having a “dirty” or “wet sock” smell.
Ravotti was hired by Contour Flight Management as a pilot in January 2016 and began flying OneJet aircrafts in August of that year. In November 2016, the N102NS aircraft suffered from multiple maintenance issues, such as the inability to regulate temperature in the cabin and cockpit and that same smell throughout the aircraft, the suit said.
“As it would later turn out, the temperature issues and odors within the aircraft were caused by problems with, and defects in, their aircraft’s air system, including the engine seal that is used to separate exhaust from the air and air that is pumped in from the atmosphere,” the suit stated.
In January 2017, Ravotti said he was flying the plane from Milwaukee to Pittsburgh and encountered the aforementioned problems. After taking measures to try to control the temperature, Ravotti donned an oxygen mask and goggles – which he said was the last thing he remembered until he woke up in a room at Heritage Valley Hospital in Sewickley, the suit said.
“As it turns out, plaintiff became incoherent, incapacitated and subsequently passed out while attempting to control the temperature in the N102NS aircraft as a result of carbon monoxide and/or organophosphates being present in the cockpit,” the suit stated.
“Plaintiff’s second in command was able to land the aircraft in Pittsburgh and both he and plaintiff were taken to Heritage Valley Hospital where plaintiff was treated for syncope due to carbon monoxide exposure. Subsequent to his discharge from Heritage Valley Hospital, plaintiff went to various physicians (including specialists) and hospitals in January and February 2017 for symptoms that included gray complexion, blue dye being omitted from his pores, head pain, burning sensations, shortness of breath, dizziness and nausea.”
After two months away, Ravotti returned to work but said he suffered continued and recurring symptoms (which needed further medical treatment), since the planes had allegedly not been repaired for the injurious technical issues mentioned in the lawsuit.
“Then on Nov. 17, 2017, plaintiff again presented to Dr. Lambrou. During that visit, Dr. Lambrou wrote a letter indicating that plaintiff did not meet FAA certification criteria and was ‘illegal to fly.’ Dr. Lambrou also indicated in his Nov. 17 letter that he was unable to provide a timetable for the resolution of plaintiff’s current situation. Dr. Lambrou’s letter effectively meant that plaintiff could no longer operate as a pilot and fly any aircraft until further notice from the FAA,” according to the lawsuit.
On Jan. 23, 2019, Hornak ordered the action stayed, due to the aforementioned bankruptcy action currently being resolved in the U.S. District Court for the Western District of Pennsylvania.
“Based on this Court’s review of the docket, the fact that the defendant is the subject to a bankruptcy petition in the Bankruptcy Court for this District, that the claims asserted in this action appear to be pre-petition, and based on the Court’s review of the plaintiff’s filing, the Court hereby orders that this action is stayed and administratively closed in that it appears that the automatic stay afforded by the bankruptcy laws of the United States is fully applicable here,” Hornak said.
“This order is without prejudice to the plaintiff filing for appropriate relief in the bankruptcy proceeding referenced above, including but not limited to, relief from the automatic stay.”
However, Judge Gregory L. Taddonio entered an order terminating the automatic stay on Nov. 18, thus leading Ravotti to pursue the current reinstatement of the litigation.
For negligence, the plaintiff is seeking damages in excess of $75,000, plus interest, cost of suit, punitive damages and any other damages deemed proper by the Court, in addition to a trial by jury.
The plaintiff is represented by Michael A. O’Leary of The Archinaco Firm, in Pittsburgh.
The defendant has not yet secured legal counsel, according to the case docket.
U.S. District Court for the Western District of Pennsylvania case 2:18-cv-01598
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com