Survivors suing after plane crash

Three people who survived what they describe as a “near-death” plane crash near Kelowna nearly two years ago are suing the pilot.

Kimberley Anne Stefanski, Kelly Dean Mulzet and Gracemary Stevens hired pilot Brent Miskuski to fly them from Lake Havasu, Arizona, to Kelowna on May 31, 2016. On its way to Kelowna, its left engine shut down. A short time later, its right engine shut down, leaving the aircraft without any power, according to a lawsuit filed in B.C. Supreme Court. The airplane went into a steep descent and crashlanded in a Christmas tree farm in Beaverdell, southeast of Kelowna. The wings of the small Rockwell Commander 700 aircraft were destroyed in the crash.

“During the crash-landing each of the passengers’ heads and bodies were violently shaken and bounced around,” says the lawsuit. “Each of the passengers believed the airplane was crashing and that their deaths were imminent. When the passengers realized they had crash-landed and that they were alive, euphoria, adrenalin and shock took over.”

Stefanski, a resident of Kelowna, says she suffered a number of physical and mental injuries, including a mild brain injury, post-concussion syndrome, posttraumatic stress disorder, anxiety and panic attacks.

Mulzet, also a resident of Kelowna, and Stevens, a resident of Calgary, say they suffered injuries including PTSD, insomnia and vertigo.

“The plaintiffs seek compensation for injuries suffered during the crash-landing, which include mental injuries caused by the near-death experience of the crash-landing,” says the suit.

They claim that the crash-landing was caused by Miskuski’s negligence and reckless disregard.

Particulars of the alleged negligence include a decision to begin the flight despite having knowledge of a prior unexplained and unexpected engine shutdown and despite knowing flight conditions were potentially unsafe and being advised to delay the flight.

The plaintiffs also claim that it was negligent to continue the flight despite being advised not to take off from the Boise Airport without further maintenance after the airplane’s engines failed.

The three passengers claim that they did not receive proper medical evaluation after the crash.

The plaintiffs are seeking general, special and punitive damages. No response has yet been filed to the lawsuit, which contains allegations that have not been tested in court. Miskuski said Wednesday he had not yet been served with the lawsuit and had no comment at this time on the allegations.