Helicopter crash leads to lawsuit

A helicopter crash that killed the pilot and four passengers has led to a lawsuit against the company that made the helicopter and the company that owned it.

James Smalts, 23, of Huntsville, was among the victims of the crash December 11 about two miles off the coast of Sabine Pass. The helicopter was heading to an oil platform about 18 miles offshore.

According to a copy of the lawsuit obtained by KFDM News, the mother of James Smalts is suing Rotorcraft Leasing and Bell Helicopter.

The lawsuit alleges the night before the flight, the helicopter sat outside its base in Sabine Pass, uncovered, in a snow and ice storm.

The lawsuit claims the pilot failed to adequately remove ice and snow from the engine air intake and engine air plenum before the flight.

The suit also alleges after the pilot failed to report landing at his destination platform or make his required fifteen minute position report to Rotorcraft's communications center, Rotorcraft waited almost two hours before notifying the Coast Guard that one of its helicopters was missing.

The Plaintiff's lawsuit states if Rotorcraft had followed its own position reporting and overdue aircraft procedures, Smalts would have been rescued in time to save his life.

The lawsuit contends Rotorcraft was negligent in the maintenance and operation of the helicopter, as well as in its flight-following procedures.

It also alleges the helicopter designed by Bell was unreasonably susceptible to engine failure caused by ingestion of snow and ice and wasn't equipped with an auto re-light feature to maintain engine operation after ingesting snow and ice.

Smalts' mother is seeking damages for loss of financial contribution, inheritance, services, support, counseling, advice, care, comfort and companionship as a result of what she calls the wrongful death of her son.  She's also suing for funeral and burial expenses, as well as the mental anguish and conscious pain and suffering of her son, from the time it was apparent the helicopter would crash until he died while waiting to be rescued.  Finally, the Plaintiff is seeking exemplary damages to punish Rotorcraft.

KFDM News called Rotorcraft for comment Thursday morning.  We've not heard back from the company.