Feb. 15—The family of helicopter pilot Maria Rodriguez has filed a lawsuit against the engine's manufacturer, claiming the compressor design was flawed and "fatally defective," which caused a deadly 2021 crash that killed Rodriguez and her three passengers during a flight over St. Thomas.
"This is a lawsuit seeking damages from a horrific helicopter crash occurring on the island of St. Thomas wherein the pilot and passengers were killed. The instant lawsuit is brought on behalf of the pilot and her family," according to the complaint filed Monday by attorney Christopher Kroblin.
Kroblin filed the lawsuit on behalf of Nicolas Van Heurck, Rodriguez's husband, and her other survivors, including her children and parents, and Rodriguez's estate.
The crash killed Rodriguez, 55, and her three passengers, Daniel Yannone, 54; his wife, Neisha Zahn, 52; and son, Tyler Yannone.
Rodriguez had been flying the family on a 17-minute sightseeing tour of the west end of St. Thomas when the helicopter suddenly crashed into a densely wooded hillside in Botany Bay at around 3:15 p.m. on Feb. 15, 2021.
The lawsuit filed Monday includes several claims including wrongful death, product defect, survival claim, and loss of consortium. The plaintiffs are seeking punitive damages and demanding a jury trial.
Defendants named in the lawsuit are the Rolls Royce Corporation, which manufactures helicopter engines; Aviall Inc., which sells engine compressors manufactured by Rolls Royce; Dallas Airmotive Inc., which performs engine maintenance, repair, and overhaul; Standardaero Business Aviation Services LLC, which offers engine service; and "John Doe Corporations 1 through 5," which have not yet been identified but are "believed to be distributors, manufacturers, installers, resellers, and/or maintainers of the faulty engine and/or components, none of which are citizens of the U.S. Virgin Islands."
The lawsuit comes after the National Transportation Safety Board published a report in January, detailing the findings of a nearly two-year investigation into the crash.
A preliminary investigation report had indicated that mechanical failure, not pilot error, caused the fatal crash. But the final report went a step further and placed blame on maintenance personnel responsible for ensuring the helicopter was safe to fly.
According to the report, the probable cause of the crash was identified as: "A total loss of engine power due to fatigue failure of two of the stage 3 compressor blades."
The report concluded that, "Contributing to the failure of the compressor blades was the failure of maintenance personnel to inspect the compressor at the recommended interval for operation in corrosive environments."
According to the lawsuit, Rodriguez moved to St. Thomas with her family at age 6 in 1971, and was raised on St. Thomas. She met Van Heurck, a helicopter pilot, while attending college in California, and returned with him to St. Thomas in 1987 where they had two children.
Rodriguez "began flying helicopters commercially on St. Thomas," and "In 2011, Maria, by then an experienced helicopter pilot, started her own business, Caribbean Buzz Helicopters," according to the lawsuit.
The company purchased a Bell 206B-III helicopter in 2019, which was powered by a Rolls Royce engine that had been installed new in 1981.
The helicopter engine "generates power by pulling air into the engine. The air passes through the compressor and pressure increases at each stage as the air is squeezed," according to the lawsuit. "
The air is mixed with fuel and ignited in the combustion chamber, and "the hot air explosion is directed towards the back of the engine, generating more thrust and rotating the turbines, which in turn are linked to the front fan and compressors," according to the lawsuit.
The engine was overhauled between December 2008 and January 2009, which included installation "of a new Stage 1 Compressor Wheel, Stage 203 Compressor Wheel, and impeller," and the defendants "either produced, distributed, or serviced the Stage 2-3 Compressor Wheel and other components of the engine and compressor. Further maintenance was done by one or more of the Defendants in 2018," according to the lawsuit.
The lawsuit described the circumstances of the 2021 crash: "When the helicopter lost power the pilot and passengers would have immediately realized they were crashing and would have experienced immense terror and fear as they fell from the sky and then were consumed in fire."
Following the crash, the NTSB, Federal Aviation Administration, and Rolls Royce "all came to St. Thomas to investigate the crash," Kroblin wrote.
Caribbean Buzz "has conducted some preliminary investigation of the crash," including reviewing a video and eyewitness reports, and concluded "that the engine emitted black smoke and immediately thereafter experienced a complete loss of power."
A toxicology report showed Rodriguez did not have any drugs or alcohol in her body at the time, and there is no evidence pilot error contributed to the crash, according to both the lawsuit and the NTSB final report.
"The maintenance logs relating to the Bell 206B-III helicopter and its engine show that the helicopter and its engine were well maintained by Caribbean Buzz," according to the lawsuit. "The engine or compressor, however, did not function as intended."
According to the lawsuit, "Caribbean Buzz determined that the helicopter crashed due to a contained failure within the compressor section of the helicopter's engine, however, Caribbean Buzz is conducting a further investigation as the NTSB only just recently concluded its investigation in January of this year now allowing for the engine and compressor to be released to Caribbean Buzz for its own inspection."
The lawsuit adds that, "Upon information and belief the helicopter crashed either due to a contained failure with the compressor or some other defect with the engine or compressor," and the defendants "acted with reckless indifference" by "recklessly manufacturing, installing, and servicing, and recklessly failing to recall, a product that was fatally defective such that punitive damages must be awarded." — Contact Suzanne Carlson at 340-714-9122 or email [email protected].
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