Reported Seven-Figure Deal Does Not Assign Blame

Roberta Lowenstein has maintained all along a mechanical defect led to the December 30, 2003 plane crash that claimed the life of her husband, Norman. She held to that belief even after the NTSB said her husband was impaired by high levels of over-the-counter cold medicine -- 10 times higher than a standard dosage.

This week, Lowenstein said her suspicion has been vindicated -- in the form of a reported seven figure settlement reached with Cessna, Honeywell, and Colorado's West Star Aviation.

According to the NTSB's Probable Cause report, Lowenstein's Cessna 441 Conquest II turboprop (similiar to type shown above) entered an inadvertent stall-spin, leading to the plane's crash into a canal near Greenacres, FL. The agency said it was "probable" the high levels of the sedating antihistamine chlorpheniramine contributed to the accident.

The Board also found no pre-existing conditions were found on either engine that would have interfered with normal operation -- although the NTSB noted under some conditions, both engines' electronic control units would trip to manual mode due to electrical overstress, the cause of which could not be determined.

Not content with the Board's findings, Lowenstein's widow retained her own experts -- who argued the high drug reading was false, and the real cause behind the crash was a problem with the Cessna's right propeller, that caused the blades to enter reverse-thrust position, according to the Palm Beach Post.

(Note: In its report, the NTSB notes no evidence of propeller failure was present in the wreckage. While acknowledging blade angles at time of impact are unknown, the Board noted the blades on both props were found nowhere close to feathered position -- nevermind reversed -- Ed.) 

The subsequent lawsuit named Honeywell, manufacturer of some of the plane's parts, including the EECUs; and West Star, which maintained the C441. Lowenstein's attorney, Ed Curtis, said the NTSB report "did not address whether the blades were at the wrong angle or why they had been at the wrong angle. It was either repair error or something in the maintenance."

Under terms of the settlement, no one admits fault in the crash. Details of the agreement are confidential, but an unnamed participant in the suit told the insurer for Lowenstein and West Star paid more than a half-million dollars.

Cessna spokesman Doug Oliver said the planemaker paid "under $100,000," and termed the agreement "a settlement of convenience." A Honeywell spokesman declined to comment on "continuing litigation."

But for Roberta Lowenstein, the settlement states her husband was not responsible for the crash that killed him.

"He would never get into a car, let alone an airplane, having taken any kind of cold medication," Lowenstein said. "I knew there was something wrong. He would not do this."

Norman Lowenstein had been a pilot for 45 years, and carried an ATP rating.

FMI: Read The NTSB Probable Cause Report