Defendants Include Companies That Inspected And Maintained the Aircraft

Some legal critics call it "shotgun" litigation... the practice of naming as many defendants as possible when seeking damages after an accident.

An accident on April 10, 2011 that fatally injured retired Air Force Pilot Edward L'Hommedieu of North Yarmouth, ME, has resulted in lawsuits being filed against nine companies, with the pilot's children and the owners of a home that was destroyed jointly bringing the action.

L'Hommedieu's Cessna 402B (file photo, below) went down on approach to Biddeford Municipal Airport when it lost power in its right engine at about 500 feet. L'Hommedieu was unable to maintain altitude, and impacted the house. According to the filing documents, he was alive and conscious when the plane became engulfed in flames.

The suit names nine companies as having at least partial responsibility for the accident, including those that manufactured parts for the aircraft, or were involved in its maintenance and inspections. Attorney Lance Walker told the Portland Press Herald that the companies did such things as conduct the annual inspection and otherwise certified the airplanes airworthiness. "It's a heavy burden," he told the paper.

The NTSB probable cause report says "(t)he pilot did not maintain minimum controllable airspeed while on final approach with a partial loss of power in the right engine, which resulted in a loss of control. Contributing to the accident was the partial loss of engine power in the right engine due to the improperly installed o-rings in the engine’s throttle and control assembly."

The president of at least one of the companies, Aircraft Maintenance of Maine, said his firm did maintenance on the airplane, but did not do any work on the engines. "We didn't to anything wrong," said Ron Caruso, who added that his other company named in the suit, Maine Aviation Sales, had no connection to the plane at all.

The homeowner's insurance company is looking to recoup a $500,000 claim on the house. L'Hommedieu's children are seeking an unspecified amount from a jury for the wrongful death of their father.

FMI: Probable Cause Report