PITTSBURGH – A severely injured pilot has reiterated claims against a trio of entities he says are responsible for the crash and destruction of his airplane, along with the litany of injuries he suffered in the crash, including blindness in one eye.
Kevin Labuda of Irwin first filed suit in the Allegheny County Court of Common Pleas on Oct. 14 versus West Penn Allegheny Foundation, LLC of Pittsburgh, Robert Ploskunak of New Kensington and Metro Aviation, Inc. of Shreveport, La.
“Plaintiff owns an Arion Lightning LS1 airplane, with Registration No. N326AL. At approximately 10:20 a.m. on the morning of July 10, 2022, plaintiff departed Rostraver Airport in Monongahela, Pennsylvania en route to Jimmy Stewart Airport in Indiana, Pennsylvania, to attend the Jimmy Stewart Airshow (JSA). Approximately 15 miles southwest of JSA, plaintiff first announced his intention to land on JSA Runway 11 on Frequency 122.8 Mhz Common Traffic Advisory Frequency,” the suit said.
“Plaintiff further announced his intention to land on JSA Runway 11 via CTAF at the following intervals: Approximately 10 miles southwest of JSA and approximately five miles southwest of JSA. Plaintiff again announced his intention to land on JSA Runway 11 at approximately two and a half miles southwest of JSA, stating he intended to cross midfield for the left downwind on JSA Runway 11. Around the same time, defendant Ploskunak, who was piloting the helicopter, announced his intention to land on JSA Runway 11 at approximately two and a half miles southwest of JSA.”
The suit added the plaintiff continued his landing pattern and again announced his intention to cross midfield for the left downwind on JSA Runway 11 – and since the plaintiff could not see the helicopter as he approached Runway 11, the plaintiff called out for the helicopter’s location.
“Defendant Ploskunak responded by stating the helicopter was on the right base for Runway 1 and stated that the helicopter was No. 2 to land on Runway 11 behind plaintiff. Plaintiff then announced his turn to final for JSA Runway 11. As plaintiff descended toward Runway 11 at 50 knots, defendant Ploskunak negligently, carelessly and recklessly maneuvered the helicopter across plaintiff’s known landing pattern in such a way as to leave wake turbulence (a.k.a. “prop wash”), which caused plaintiff to lose control of the plane. Said prop wash caused plaintiff’s plane to invert and crash into the ground. During the crash, plaintiff’s head struck the canopy as his plane skidded to a stop off the runway, where emergency crew were needed to lift the plane in order for plaintiff to escape,” the suit stated.
“Plaintiff sustained serious bodily injury from the crash and was transported to Forbes Hospital in Monroeville, Pennsylvania. Plaintiff’s plane was completely destroyed in the crash. As a direct and proximate result of the crash, plaintiff sustained the following painful and physical injuries: Head trauma, concussion, loss of vision in his left eye, intense headaches, cuts, scrapes, lacerations and bruises to arms and legs, chest contusions and chest pain, and injuries to the bones, muscles, tendons and soft tissues of his body.”
The defendants filed an answer along with new matter on Nov. 16, countering that while West Penn leases the helicopters to West Penn Allegheny Health Systems and WPAHS administers the LifeFlight program, Metro Aviation is the only party responsible for the aviation operation of such helicopters – and that the pilot’s failure to follow mandated flight procedures led to the crash.
“Plaintiffs conduct in operating his aircraft was the sole and proximate cause of the July 10, 2022 accident. Plaintiff’s right to recover is barred under the Doctrine of Contributory Fault. Plaintiff’s right to recover is barred or limited by the Pennsylvania Doctrine of Comparative Fault as a result of the conduct of plaintiff being a contributing factor to the subject accident. Plaintiff, as pilot in command operating his aircraft in public airspace, was required to follow required and recommended procedures for the operation of that aircraft,” per the new matter.
“Plaintiff failed to follow required and recommended procedures for operating an aircraft in environs at an airport at which helicopters are also operating. Plaintiff fails to state a claim on whirl relief may be granted. Plaintiff assumed all risk of injury in electing to proceed with this landing at the Jimmy Stewart Airport where he had not visually confirmed the location at which the helicopter was operating. Plaintiff’s continuation of a landing approach without having determined the area in which the helicopter was being operated was an assumption of risk as to any condition that might be encountered.”
The defendants added that the claims against them are barred in that all, or some, of the plaintiff’s alleged injuries and damages were pre-existing and not caused by, nor contributed to, by this accident – and the plaintiff’s injuries and damages, if any, were caused by intervening and superseding causes not in the control of defendants.”
UPDATE
In a Jan. 11 reply to the new matter, the plaintiff denied it in its entirety.
“The averments contained in Paragraphs 49-58 constitute conclusions of law to which the Pennsylvania Rules of Civil Procedure require no response. To the extent a response is required, it is specifically denied that plaintiff failed to follow required and recommended procedures for operating an aircraft in proximity to helicopters. To the extent a response is required, it is specifically denied that plaintiff assumed the risk of his injuries,” the reply said.
For counts of negligence, vicarious liability, the plaintiff is seeking damages in excess of the jurisdictional limits of compulsory arbitration, together with interest on all sums due, costs and such other relief this Court deems just and appropriate.
The plaintiff is represented by John J. Zagari, Michael J. Zagari and Allen P. Page IV of Zagari & Associates, in Pittsburgh.
The defendants are represented by J. Bruce McKissock and Michael D. Winsko of Marshall Dennehey Warner Coleman & Goggin, in King of Prussia and Pittsburgh.
Allegheny County Court of Common Pleas case GD-22-012849
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com