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Tue, Jan 22, 2008

Lawsuit Filed In May 2007 Midair Over Ohio

Widow Sues Estate Of Other Pilot

The National Transportation Safety Board has not yet ruled on what caused an inflight collision near Cincinnati's Blue Ash Airport last May... but that hasn't stopped one of the widows from filing a lawsuit.

We do know 31-year-old David Woeste Jr. was taking off in a Cessna 172 with 65-year-old flight instructor Ted Hitchens. A Beechcraft Bonanza piloted by 64-year-old Niels Harpsoe was on approach to land on the same runway. As ANN reported, the resulting collision killed all three men.

Beth Woeste is represented in a lawsuit by Jerome Skinner, a lawyer at the Cincinnati office of Nolan Law Group, and alleges Harpsoe was flying without a current medical, without a valid certificate, under the influence of medication that impaired his ability to operate his plane safely, and had been drinking alcohol 18 hours before the collision. 

She's suing Harpsoe's estate for unspecified damages on behalf of the couple's four children and Woeste's parents. The Cincinnati Business Courier reports David Woeste was president of Best Nest Inc., an online retailer of bird and wildlife products.

The lawsuit claims Harpsoe was negligent and careless, operating his plane under the influence of medication "known to possess depressant and sedative qualities," and that he "was not either at the appropriate altitude or on the appropriate heading for an approach."

Skinner told the paper the allegation of drug use by Harpsoe stems from a toxicology screen on his body, but doesn't contend Harpsoe violated federal rules that prohibit drinking alcohol for eight hours prior to flying.

Skinner adds radio transmissions indicated that Woeste and Hitchens were looking for Harpsoe's plane, but there was no indication that Harpsoe was looking for Woeste's.

The Business Courier says there was no response to a request for comment from Harpsoe's widow, Donna Harpsoe.

FMI: Read The NTSB Preliminary Report

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