Chatham court house. May 2, 2018. (Photo by Sarah Cowan Blackburn News Chatham-Kent). Chatham court house. May 2, 2018. (Photo by Sarah Cowan Blackburn News Chatham-Kent).
Chatham

Civil trial to begin in fatal plane crash lawsuit

The family of a Chatham man killed in a plane crash, which also claimed the lives of nine others 15 years ago, is seeking damages by filing a lawsuit against several companies and individuals.

Robert Brisco, 46, was killed on January 17, 2004 when the Cessna Caravan airplane he was travelling in from Pelee Island to Windsor nose-dived shortly after takeoff, crashing into ice on Lake Erie.

Brisco's estate has launched a lawsuit, which began jury selection on Tuesday, that is making a claim for damages as a result of the fatal plane crash. The lawsuit names several defendants including the operator of the aircraft, Georgian Express Limited, the estate of the pilot, Wayne Price of Richmond Hill, and the Owen Sound Transportation Company, which operates the Pelee Island Transportation Service.

Lawyer Jerry O'Brien, who is representing the plaintiff, said he currently could not comment on the dollar amount that the estate is seeking.

On Tuesday morning, jury selection was held at the Ontario Court of Justice in Chatham for the trial. The courtroom was packed with dozens of potential jurors, who are required to have no personal or professional connections to the victims, witnesses or anyone involved in the case in order to be selected.  Ultimately, three women and three men were chosen to sit on the jury. Justice Thomas Carey reminded them that while the trial is going on they must abstain from researching details of the case and discussing the trial with members of the public.

It is expected that it will take about two and a half weeks for all the evidence to be presented at the trial. There are over 20 potential witnesses that may take the stand, including several people who were residents of Pelee Island at the time of the crash, a weather expert, the coroner who examined the bodies of the deceased and an aircraft investigator.

According to a 2006 aviation investigation report completed by the Transporation Safety Board of Canada (TSBC), the pilot allegedly made "a number of decisions that increased the risk to the safe operation of flight." According to the report, these decisions include allegedly overloading the aircraft with fuel.  However, the TSBC added that here was no indication that the pilot, Price, was a "risk-taker" when it came to his duties as a pilot.

"He uploaded 1,000 pounds of fuel before leaving Windsor when there was already ample fuel on board to complete the flights to and from Pelee Island, including alternate fuel," the TSBC said. "Although he normally uploaded more fuel than required as a precautionary measure after considering the passenger load for the return trip, in this instance, it exacerbated the eventual overweight condition of the accident flight."

The TSBC also alleged in the report that Price did not address the concerns of people who had pointed out the ice accumulation on the plane.

"While on the ramp, two individuals voiced concern to the pilot that there was ice on the wing. Freezing precipitation was falling. The pilot was observed to visually check the leading edge of the wing; however, he did not voice any concern and proceeded with loading the passengers and cargo," the report read.

The board also noted company oversight by the air operator, Georgian Express Limited, including allegedly having inadequate de-icing equipment.

"At the Pelee Island Airport, the air operator did not provide the equipment that would allow an adequate inspection of the aircraft for ice during the pre-flight inspection and did not provide adequate equipment for aircraft de-icing," the TSBC said.

"The detrimental effects of the ice accumulation contributed to the eventual loss of the aircraft," the board added.

The safety board concluded that the plane's icy conditions and the aircraft being 1,270 pounds over its maximum allowable weight were the main contributory factors for the deadly crash.

Despite its findings, the TSBC said it does not assign fault nor does it determine civil or criminal liability.

Along with Brisco and Price, eight other people were killed in the plane crash in 2004 including Ted Reeve, Sgt. Tom Reeve and Dr. Jim Allen, who were all from the Chatham-Kent area. Four men from the Windsor-Essex area -- Walter Sadowski, Fred Freitas, Larry Janik and Ronald Spencler -- were also onboard the ill-fated Flight 126. Price's girlfriend, Jamie Levine of Los Angeles also died in the crash. There were no survivors.

According to The Globe and Mail, the estates of other victims have previously filed similar lawsuits, including the family members of Janik, Sadowski and the Reeve brothers, who filed a joint $55.4-million lawsuit against Georgian Express, the township, Mr. Price's estate and the Owen Sound Transportation Co. claiming not enough was done to prevent the crash. A $1.25 million suit was launched by Freitas widow and three children.

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