PHILADELPHIA – For reasons of alleged improper venue, Sikorsky Aircraft is attempting to dismiss wrongful death litigation from the families of six members of the Canadian Armed Forces, who were killed in a helicopter crash off the coast of Greece, allegedly due to a defective design in the helicopter’s flight system.
The suit was brought on July 10 in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs are:
• Joanne Cousins (on behalf of the Estate of Matthew Cousins and on behalf of his DOHSA beneficiaries) of Harbour, Nova Scotia, Canada;
• Tanya Cowbrough (on behalf of the Estate of Abbigail Cowbrough and on behalf of her DOHSA beneficiaries) of Halifax, Nova Scotia, Canada;
• Kyle Hagen (on behalf of the Estate of Kevin Hagen and on behalf of his DOHSA beneficiaries) of Victoria, British Columbia, Canada;
• Amanda MacDonald (on behalf of the Estate of Brenden Ian MacDonald and on behalf of his DOHSA beneficiaries) of Eastern Passage, Nova Scotia, Canada;
• Kathryn Bowen (on behalf of the Estate of Maxime Miron-Morin and on behalf of his DOHSA beneficiaries) of Halifax, Nova Scotia, Canada; and
• Michael Custance (on behalf of the Estate of Matthew Pyke and on behalf of his DOHSA beneficiaries) of Valley, Nova Scotia, Canada.
The defendants are:
• Sikorsky Aircraft Corporation and Sikorsky International Operations, Inc., both of Stratford, Conn.,
• Helicopter Support, Inc. of Trumbull, Conn.
According to the plaintiffs, Sikorsky, a subsidiary of Lockheed Martin, failed to identify a design flaw in the CH-148 maritime helicopter, which caused the electronic flight system to assume control of the aircraft and crash it into the Ionian Sea on April 29, 2020.
“Reflecting a corporate indifference to safety that placed profits first, the Sikorsky defendants – in the face of missed deadlines and financial penalties – cut corners to rush the CH-148 into service,” the suit said.
Master Cpl. Matthew Cousins, Sub-Lt. Abbigail Cowbrough, Capt. Kevin Hagen, Capt. Brenden MacDonald, Capt. Maxime Miron-Morin and Sub-Lt. Matthew Pyke all perished in the crash.
The plaintiffs brought their suit in a Pennsylvania federal court, where the Sikorsky CH-148 helicopters were manufactured and tested at a now-closed facility in Coatesville.
When Canada’s Department of National Defense was looking to secure a new military helicopter fleet in the 1990’s, Sikorsky attempted to secure their business by offering an electronic flight control system – despite the fact that such a system had never before been utilized in a military helicopter and it had never been certified by the Federal Aviation Administration, the suit said.
According to the lawsuit, Sikorsky analyzed the flight data from the April 2020 crash and determined the electronic flight control system would overtake manual control of the helicopter when pilots were making “significant pedal and cyclic inputs” while operating in autopilot mode, as the decedents were on the day of the crash.
Specifically, the decedents were performing a low-altitude maneuver commonly used during rescue or combat and believed they would be able to override the electronic flight control system without disabling it, if necessary.
But that was not to be, and the suit alleged that Sikorsky violated industry standards and practices by failing to create a warning system for such an event and failing to design the flight director, so that it would automatically disengage if the pilots went beyond what the company tested for.
“The Sikorsky defendants were aware or should have been aware of the potential catastrophic consequences of an unsafe design, of inaccurate product information, and/or inaccurate or inadequate flight instructions for their CH-148 helicopter,” the suit stated.
“Despite their awareness of the consequences of their actions, the Sikorsky defendants marketed a helicopter which they knew was unsafe, they deliberately misrepresented the capacity and operational characteristics of their CH-148s, they ignored field experience that documented the unsafe condition of their product and they provided inaccurate and dangerous instructions to the owners and pilots of CH-148 helicopters. The Sikorsky defendants have prioritized their sales and profits over the safety of the passengers and pilots of their CH-148 helicopters.”
For 12 counts of survival under Pennsylvania state law and wrongful death under the federal Death on the High Seas Act, the plaintiffs are seeking compensatory and punitive damages against each of the defendants, jointly and severally, in an amount greater than $75,000, together with delay damages, interest, costs of suit and such other relief that the Court deems just.
UPDATE
On Sept. 8, Sikorsky motioned to dismiss the case, based on an argument of forum non conveniens, or improper venue.
“Plaintiffs’ attempt to characterize this case as a simple products liability action with a meaningful connection to the Commonwealth of Pennsylvania is inaccurate, misleading, and a misrepresentation of the facts at hand. The accident helicopter, a Sikorsky CH-148, was a military helicopter designed by, for, and in collaboration with, the Canadian Department of National Defence, for its exclusive use and ownership. Given its intended use as the Canadian Air Force’s Maritime Helicopter, the Canadian Department of National Defence and its various divisions were closely involved in every aspect of the helicopter’s design, testing, and certification. The circumstances of the accident itself – which occurred during NATO military exercises off the coast of Greece – further reveal the foreign connections at hand. Indeed, the present suit’s only connection to Pennsylvania is the installation of a ‘Block 2 Upgrade’ onto the helicopter, which was designed and manufactured outside of Pennsylvania, and the flight testing of the accident aircraft prior to its return to Canada, both of which occurred at a now-closed facility in Coatesville. Such limited connection pales in comparison to the deep ties this case holds not only to Canada, but to the Canadian government itself, revealing that venue is significantly more appropriate there. This is especially so since the Canadian military continues to be the sole operator of the CH-148 helicopter,” the motion stated.
“Therefore, Sikorsky’s motion should be granted pursuant to the doctrine of forum non conveniens. First, there can be no question that Canada presents an adequate alternative forum to entertain this suit. Second, plaintiffs – who are all Canadian citizens and represent decedents who were Canadian military service members – are entitled to limited, if any, deference in their choice of forum. Finally, a balancing of the various interests at play reveals that the relevant Canadian interests far outweigh plaintiffs’ interests and reasons for litigating this case in the United States, including specifically Pennsylvania. Sikorsky respectfully requests that this Court grant its motion to dismiss for forum non conveniens.”
The plaintiffs are represented by Stephen E. Raynes and Daniel Bencivenga of Raynes & Lawn, in Philadelphia.
The defendants are represented by John C. McMeekin II of Rawle & Henderson in Philadelphia, plus Ralph V. Pagano of Fitzpatrick Hunt & Pagano, in New York, N.Y.
U.S. District Court for the Eastern District of Pennsylvania case 2:23-cv-02629
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com