Trial Magazine

Rupom Sajib, a 31-year-old commercial pilot, was being trained to use a 1974 Twin Commander Model 685—a twin piston engine turboprop aircraft. The plane’s previous owner had hired Global Aviation Services, Inc., to inspect and maintain the plane, and the new owner contracted with Global to perform an annual inspection of the plane in conjunction with the purchase.

Sajib and another pilot took off from an airport in Victoria, Texas, with Sajib in the copilot’s seat. Shortly after takeoff, the power in both engines decreased substantially, and the left engine failed catastrophically. The pilot was forced to make a crash landing in a nearby field.

Sajib sustained multiple injuries in the crash, including a penetrating wound to the anterior trachea, fractures to the thyroid cartilage and the cricoid cartilage surrounding the trachea, a tear to the anterior longitudinal ligament with widening of the C6-7 disk space, bilateral collapsed lungs and pleural effusions, and an L-5 compression fracture.

His past medical expenses totaled about $197,100. He now has a paralyzed vocal cord, which changed his voice, and internal fixation hardware in his neck. He also has lower back pain in the area of his fractured lumbar vertebra. Despite his injuries, he was able to pass an examination for his first-class pilot’s medical certificate, and he has returned to work as a pilot.

A post-crash investigation revealed a catastrophic left engine failure as a result of two missing nuts on the idler pin.

Sajib sued Global, alleging that it had serviced and repaired the plane for about four years and was aware that the engines had a history of losing power but failed to properly inspect them for known deficiencies. The plaintiff also contended that the mechanic Global assigned to perform engine inspections and repairs had no experience with piston aircraft engines.

The plaintiff presented evidence that two days before the crash, the pilot and Sajib had complained of dual engine power reduction on a checkout flight, and observers had seen smoke coming from one of the engines. Despite this, the plaintiff contended, Global failed to investigate the source of the problem and repair it, instead representing that the plane was safe to fly.

The defendant denied that it failed to properly inspect, service, and repair the plane. The defendant’s mechanics testified at trial that they found no problems with the plane and that it was airworthy when they released it to return to service. The defendant argued that an overhaul shop had failed to secure two nuts on the left engine during an engine overhaul about four years before the crash. The defense also argued that pilot error was the proximate cause of the crash.

The jury found Global 100 percent at fault and awarded about $1.5 million.

Citation: Sajib v. Global Aviation Servs., Inc., No. 2015-27690 (Tex. Jud. Dist. Ct. Harris Cnty. May 17, 2016).

Plaintiff counsel: AAJ members Mark Pierce and Paula Knippa, both of Austin, Texas.

Plaintiff experts: Arthur Lee Coffman, aircraft maintenance, Amarillo, Texas; and Donald E. Sommer, aviation accident reconstruction/piloting, Broomfield, Colo.