Aviation News

The Law Firm of Robb & Robb based in Missouri Settles A Record-Setting Helicopter Crash Case For $38 Million 

A Kansas City attorney recently settled two recordsetting cases for a combined total of more than $64 million. Gary Robb, who has had success in a number of national aviation and personal injury lawsuits, represented plaintiffs in cases involving plane and helicopter crashes that left nine people dead and one severely injured.

A $38 million settlement for a Brooklyn, N.Y., woman's severe injuries suffered in a helicopter crash is reported to be the largest pre-trial cash settlement in a personal injury matter in U.S. history. It eclipses a $35 million settlement in New York earlier this year in a medical malpractice case.

Chana Daskal was injured when the helicopter in which she was riding crashed while sightseeing in the Grand Canyon. She was the sole survivor of the crash that killed six, including her husband, David.

"It's a miracle that Chana survived this crash," Robb said. "She had burns on over 85 percent of her body and has had over 70 surgeries."

Daskal also suffered a broken back and injuries to her legs, which had to be amputated. Her medical bills to date total more than $11 million, according to Robb. Her future medical and life care needs surpass $23 million. According to medical reports, Daskal will have a normal life expectancy.

"Chana was not trilled about the prospect of a trial, but she is so courageous that she was prepared to do whatever it took to hold the defendants accountable," Robb said. "Chana would always say, 'I can't walk anymore and I've lost my good looks, but I'm still prepared to fight."

In a report issued by the National Transportation Safety Board, the pilot was blamed for the crash of the helicopter. However, the plaintiffs' claimed that the fire that engulfed the cabin was responsible for the deaths of the other six on board. In the other case settled by Robb, the eight children of a couple killed in a plane crash will receive $26 million. David and Anny Drye of Concord, N.C., were killed June 14, 1999, when the engine of their Cessna failed shortly after takeoff, causing the plane to crash in a wooded area. Their children, ranging in age from 13 to 34, sued the maker of the plane's engine, the company that manufacturers a component part in the engine and another company that serviced the plane.

The settlement is the largest wrongful death settlement in the history of North Carolina and is one of the largest ever paid for the death of a husband and wife nationally. The case was settled three days into the trial. "We were fully prepared to try the case but this settlement avoids the stress and emotional turmoil to the family,"said Robb.

The lawsuit claimed the couple survived the initial impact but were consumed by the ensuing fire. The largest portion of the settlement, $20 million, was paid by the engine manufacturer, Teledyne Continental Motors of Mobile, Ala. The two settlements continue a long history of multimillion dollar verdicts and settlements for Robb.

He has two of the largest helicopter crash jury verdicts in U.S. history with a $350 million verdict for a 1995 crash that killed a pilot and a $70 million jury verdict in a companion case resulting in the death of a passenger. "Helicopter crash cases are unique in a number of respects," Robb said. "A helicopter is an entirely different aircraft from a fixed wing plane and they don't glide. This is why most helicopter crashes tend to be fatal and it is all the more remarkable that Chana Daskal survived this helicopter crash."

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	Did You Know?
	FAA enforcement actions (certificate action or civil penalty cases) From the short reporting period of 10/1/03- 12/31/03. The FAA reported 82 cases of related certificate action or civil penalty case violations. Ranging fines of $750 to $50,000 on violations during this reporting time. Some fines for activity topics were: Training-Flight Crew, Flight Operations, Quality Control, Drug Testing, & other types of violations.