PITTSBURGH – A California airline denies liability for injuries suffered by one of its pilots, who claims he sustained negligent and prolonged carbon monoxide exposure in the planes he was flying.
Jeremy 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 that 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.
After a bankruptcy action caused a 13+ month-long stay of the case, the stay was lifted last March and Ravotti sought a default judgment due to no response coming in by April 30.
UPDATE
U.S. District Court Judge Mark R. Hornak gave OneJet until June 26 to respond, and the company did so on June 25.
The airline denied the entirety of Ravotti’s claims, while asserting 29 separate affirmative defenses. These included:
• The plaintiff’s complaint fails to state a cause of action upon which relief may be granted;
• The plaintiff’s sole claim is preempted by the Federal Aviation Act, which alone sets the standard of care in the aviation industry, pursuant to Abdullah v. American Airlines, Inc.;
• The plaintiff’s injuries and damages were solely, directly, and proximately caused by third persons or entities over whom OneJet exercised no control and, as such, OneJet has no liability to the plaintiff;
• Any claim for punitive damages in this action violates the terms of the order of the Bankruptcy Court terminating the automatic stay. As such, any punitive recovery is unavailable;
• This Court cannot exercise jurisdiction over OneJet consistent with the due process clause of the 14th Amendment of the U.S. Constitution or the long arm statures of the Commonwealth of Pennsylvania.
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 is represented by Clem C. Trischler of Pietragallo Gordon Alfano Bosick & Raspanti, also in Pittsburgh.
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