Fond du Lac passengers sue airline

SASKATOON Passengers of the West Wind Aviation flight that crashed near Fond du Lac on Dec. 13 are launching a class-action lawsuit against West Wind Aviation and Athabasca Basin Development, the airline’s majority shareholder.

Six passengers who were on the plane that crashed are named as plaintiffs in the statement of claim, which will be filed by Regina lawyer Tony Merchant in the Court of Queen’s Bench in Regina on Wednesday. The suit is seeking punitive and exemplary damages, as well as general and special damages and costs.

The plaintiffs include Arson Fern Sr., who is bringing the action on behalf of the estate of his son, Arson Jr. His son died on Dec. 27 after sustaining a shattered pelvis, two broken ankles, other broken and fractured bones, a punctured lung and internal bleeding in the crash. Arson Fern Jr. was one of 22 passengers and three crew members on board the ATR-42 that went down shortly after takeoff from Fond du Lac’s airport.

Tiffany Hanson, a mother of two from Stoney Rapids, is also named as a plaintiff in the Statement of Claim.

None of the allegations made in the statement of claim have been proven in court. The action is open to all passengers on the flight as well as their family members.

In the claim, the plaintiffs allege that no appropriate steps were taken to de-ice the runway or the plane.

The plaintiffs are also alleging that passengers did not receive direction or instruction from pilots or flight staff while the plane was going down.

“There was no warning or indication from the pilot or flight staff that there were problems during the crash; the passengers were left to fend for themselves in the chaos of the accident,” the claim alleges.

The plaintiffs are alleging that West Wind breached the standard of care it owed to passengers on 14 points, including that the plane was overloaded with passengers and freight, that the plane was taking off and landing on a runway “too short for the size and weight of the aircraft” and that the pilot was “prone to error.”

The claim also states that about a week after the crash, the airline’s representatives approached survivors with $5,000 each and a note that ended with “In no way does this money constitute a waiver for any future legal claims you may wish to make.” The plaintiffs allege there were no documents signed in relation to the money offered to survivors.

In the claim, Hanson alleges she saw “visible cracks” on the plane and that the aircraft was “very full of passengers for its small size.”

“She overheard a member of the flight staff comment that the airplane was ‘too heavy,’ ” the claim stated. Hanson’s legs were crushed as a result of the crash and her left leg may need to be amputated. So far, she has had to have pins, skin grafts, and six surgeries, according to the claim.

Transport Canada grounded West Wind’s fleet in late December over what it called deficiencies in the airline’s operational control system.