Payout appeal over fatal chopper crash
AN aviation company is appealing a judge’s ruling awarding millions of dollars to a Drysdale pilot left quadriplegic by a helicopter crash.
Bruce Towers was flying in Papua New Guinea for aviation company Hevilift on April 20, 2006, when the helicopter crashed, killing three passengers.
Mr Towers, who was 55 at the time, was ferrying mine workers to a camp when the helicopter became enveloped in fog so thick he couldn’t see the ground as he tried to land on a helipad.
Mr Towers tried to keep the aircraft under control, but it hit a tree and crashed.
Three passengers survived without serious injury.
During a lawsuit in 2016, Justice Jim Henry ruled Hevilift had breached its duty of care by not warning Mr Towers about highspeed cloud formations in the region.
After civil action launched by Mr Towers, Justice Henry last month awarded him just over $5.6 million following a decision in Cairns Supreme Court.
Hevilift lodged an appeal notice against last month’s judgment, seeking the judgment be set aside and for the damages awarded to Mr Towers to be reduced to about $4.73 million or less. Hevilift is also seeking that its appeal costs be paid for by Mr Towers.
Mr Towers, who is in a wheelchair as a result of the crash and has partial use of his arms, said he was saddened by Hevilift’s decision to appeal the judgment.
“I wanted this to be finished but it looks like they want to open the wound again,” Mr Towers said. “It’s taken 14 years’ worth of legal arguments, fighting for support that I thought would have been covered by the Hevilift Limited workers’ compensation policy.
“I’m glad to be alive but it’s come at a cost.”
Slater and Gordon workers’ compensation in-house counsel Tim Lucey said it was “extremely disappointing” that an international company was insisting on continuing to drag this claim through the court system. “It’s fairly grim and bleak to hear their appeal is partly based on believing a tetraplegic man’s life expectancy should be lowered by just four years,” Mr Lucey said.
“This is a man whose injuries were so significant that he could not walk again.”
Hevilift declined to comment on the appeal specifically as the matter is before court.
Hevilift director Augustine Mano said any suggestion Mr Towers had to fight for support was “simply incorrect”.
“As the captain piloting the helicopter when it crashed, Mr Towers was eligible for compensation under the company’s comprehensive insurance policy,” Mr Mano said.
“This policy is in place to support employees in the event of an accident or injury at work.”
Mr Mano said Mr Towers chose not to accept that compensation and to launch legal action instead.
“Up to that point, Hevilift provided medical assistance, repatriation, accommodation and transportation for Mr Towers and his family,” Mr Mano said.
“I wanted this to be finished but it looks like they want to open the wound again.”
BRUCE TOWERS (pictured)