Sikorsky being sued for $26M over Newfoundland crash

Moira Baird – August 26, 2010

ST. JOHNS, N.L. — Cougar Helicopters and eight insurance companies, led by U.K. firm Lloyd's, are suing Sikorsky Aircraft Corp., for more than $26.6 million in combined damages and losses resulting from the March 12, 2009, helicopter crash that killed 17 people off the coast of Newfoundland.

Also named as defendants in the lawsuit are Helicopter Support Inc., which is Sikorsky's parts and repair subsidiary, and Transport Canada.

The statement of claim was filed in Newfoundland and Labrador Supreme Court in June.

By promoting and advertising
the S-92 as having a '30-minute
run-dry' capacity, Sikorsky
fraudulently misrepresented...
the airworthiness and flight safety
of the S-92.

Statements of claim contain allegations that have not been proven in court.

Cougar and its insurance companies say they suffered damages resulting from Sikorsky's breach of duty, gross negligence, negligent misrepresentation, recklessness and wilful misconduct.

They point to a variety of concerns with the Sikorsky S-92 helicopter prior to the crash.

Among them: the use of less durable titanium alloy studs; a poorly designed oil lubrication system; and a main gearbox that could not continue flying for 30 minutes without oil lubrication.

"By promoting and advertising the S-92 as having a '30-minute run-dry' capacity, Sikorsky fraudulently misrepresented to buyers and operators the airworthiness and flight safety of the S-92," said the claim.

Cougar Flight 491 was en route to the White Rose and Hibernia oilfields when the pilots reported a loss of oil pressure in the main gearbox. The gearbox powers the aircraft's rotor drive.

The statement of claim said it was the crew's first indication of a problem.

"Upon that observation . . . the crew elected not to ditch the helicopter but immediately turned the helicopter towards the nearest landfall, which was well within 30 minutes flying time," said the claim.

Minutes after heading for shore, the Sikorsky S-92 plunged into the Atlantic Ocean 55 kilometres east of St. John's.

Only one of the 18 people onboard survived.

"The elapsed time between the observation by the crew of the loss of main gearbox oil pressure and accident was approximately 11 minutes," said the claim.

Two weeks after the crash, the Transportation Safety Board said the studs broke in flight, resulting in the loss of oil pressure.

Shortly after the discovery, S-92s were grounded worldwide until the titanium studs were replaced.

The TSB is still investigating the chain of events that led to the crash.

Sikorsky has since redesigned the S-92's oil lubrication system.

To date, no statements of defence have been filed.

However, Sikorsky and its subsidiary did file an application last week in Newfoundland Supreme Court, asking to have the lawsuit stayed pending decisions on other applications filed with the U.S. District Court of Connecticut.

Connecticut-based Sikorsky and its subsidiary also argue the U.S. District Court is the proper venue for the court action.

A hearing is scheduled for Sept. 10 in Newfoundland Supreme Court on Sikorsky's application.

Sikorsky had no comment when contacted Wednesday by The Telegram.

Original article on Montreal Gazette website