Plaintiffs Said U.S. Court Was The Proper Venue For The Case

A lawsuit against Evergreen Helicopters related to an accident which occurred in 2008 in Peru will be considered in Portland, OR following a decision by an appeals court judge.

The accident resulted in the fatal injury of eight Peruvians and the crew of two. Their survivors had asked that the case be heard in Portland rather than in Peru because that is where the company, now part of Erickson Inc., is based. An Oregon judge had initially dismissed suit, saying it was more appropriate for the case to be heard in Peru where the plaintiffs live. But the Appeals Court overturned that decision.

The Portland Business Journal reports that the aircraft had been subleased by Evergreen and leased to the Canadian subsidiary of the Peruvian company Helinka. That company subleased the aircraft again for use in Peru.

Still, the plaintiffs hold that Evergreen failed to properly train and supervise the pilot and flight crew, who were employees of Evergreen. The also allege that Evergreen did not properly maintain the aircraft; that the crew did not safely navigate the helo; and that the crew failed to take all emergency measures.

Erickson acquired Evergreen from Evergreen International Aviation, which declared bankruptcy in 2013, for a reported $250 million.

The case has been remanded back to the Multnomah Circuit Court.

FMI: http://courts.oregon.gov/multnomah