Balloon Fiesta, Pilot Found To Be Largely Liable For Injuries Sustained In Accident

A jury in New Mexico has awarded a Florida man damages totaling $3.86 million after he was injured in an accident during the 2009 Balloon Fiesta. The jury found that the pilot acted recklessly, and that there was negligence on the part of the organizers of the event.

The Associated Press reports that, according to a story in the Albuquerque Journal, the jury found pilot Timmerly Eklund 60 percent responsible for the accident, and the Balloon Fiesta is liable for 30 percent of the payment. Thomas Hurd, the passenger, was found to be 10 percent responsible for his own injuries.

Hurd had been a passenger in a balloon during the 2009 Balloon Fiesta. The suit held that he suffered injuries including a crushed pelvis and broken back that required multiple surgeries after he fell out of the balloon's gondola when it impacted a tent on the outskirts of the Fiesta grounds.

Hurd had signed a document releasing pilot Elkund from negligence claims, but that document did not cover claims against the Balloon Fiesta. Elkund admitted that the had flown well below the Fiesta's 75-foot altitude requirement ... dropping as low as 15 feet ... during a competition. She said she had forgotten about the requirement, but denied she was reckless. She said she had tried to avoid hitting the tent by firing the balloon's burner. She did say she was responsible for the accident. The jury made the determination that she had been reckless during the flight.

Hurd's attorneys said that the Fiesta did not take adequate precautions against low-flying balloons near the tents. Fiesta officials argued that the accident was caused by pilot error.

FMI: www.balloonfiesta.com