The wives of two men killed in a Stafford County plane crash last February have each filed $10 million wrongful death suits against the estate of Rick Potter.
The lawsuits, which are filed in Spotsylvania County Circuit Court, allege that Potter negligently piloted his Columbia 400 aircraft the night of Feb. 22.
The suits claim that Potter's negligence caused the crash that killed Potter and three other local men.
The lawsuits were filed by Carole Green and Amy Pappas, the wives and estate administrators of Graham Green III and Michael Gus Pappas, who were killed in the crash. A lawsuit has not been filed by the family of Albert "Buck" Jacoby, who also died in the crash.
The suits filed by Pappas and Green are virtually identical. They claim that Potter was the pilot and was trained to fly in the overcast weather conditions that prevailed that night but "deviated from safe operating practices."
The suits claim that Potter failed to get an up-to-date weather briefing before leaving Winston-Salem, N.C., for Shannon Airport in Spotsylvania. Had he done so, the suit claims, he would have known to select an alternate airport ahead of time.
Instead, the suits state, Potter was forced to change his flight path into Stafford Regional Airport at the last minute. The suits state that he failed to familiarize himself with the Stafford airport ahead of time despite flying a plane "with which he was only recently familiar."
The suits further claim that Potter dropped below 200 feet that night without seeing the runway, which is contrary to instrument-landing requirements at the Stafford airport. It states that Potter should have called it a missed approach and tried again.
The legal response to the two lawsuits was submitted by Richmond attorney Albert M. Orgain IV. Orgain denied the allegations and writes that "the accident was caused by an intervening or superseding cause" for which Potter was not responsible. It does not name the specific cause.
The National Transportation Safety Board has also not released a cause but has published its factual report of the crash.
Orgain's written response states that Potter's wife and company, Homeowners Title LLC, are not legally indebted to Pappas' or Green's families. Further, Orgain does not concede that Potter was flying the plane.
Jacoby was also an instrument-rated pilot, and the NTSB's report states that the Virginia medical examiner's office was unable to determine seat positions.
Because there were no survivors and the plane was destroyed, it's impossible to know exactly what happened, said Reston attorney Robert T. Hall, who is representing Green's family. But Hall said the circumstantial evidence is "compelling" that Potter was indeed the pilot.
Hall pointed out that Potter owned the expensive plane. Jacoby had no experience flying the Columbia 400, and Potter's insurance covered only pilots with extensive training in that model. Further, Hall said, Potter filed the flight plan and was on the radio with the Federal Aviation Administration that night.
Orgain said the case is in its very early stages, and that a jury trial isn't likely soon. He said the crash has devastated Potter's family and everybody involved.
"It's a tragic situation," Orgain said.
Hall said he and Pappas' attorney, Thomas E. Albro of Charlottesville, picked the $10 million figure because juries can't award more than what's stated in the lawsuit. Therefore, Hall said, it's best to set a high figure and let the jury decide the proper amount.
Hall said the lawsuits were filed in Spotsylvania because that is where Potter's family lives.
To reach BILL FREEHLING:
Email: bfreehling@freelancestar.com
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The crash A single-engine plane carrying four local men crashed at Stafford Regional Airport late Feb. 22, 2006, killing all four men aboard, including: Rick Potter, 49, the pilot and owner of Potter Homes. He was a deacon at Fredericksburg Baptist Church, a member of the Stafford Rotary Club, a volunteer with the local Habitat for Humanity and a pilot for Angel Flight America, a Virginia Beach-based operation that gives free rides to patients in need of distant medical care. He was a married father of three. Albert "Buck" Jacoby, 56, a lawyer with the Jacoby and Pantazis firm in Stafford and also a licensed pilot. He was a member of the Stafford Rotary, a singer in the senior choir at St. Peter's Lutheran Church in Stafford and a tennis player. He was married with four children and one grandson. Graham Green III, 57, a Stafford resident and owner of Green and Associates Realty in Fredericksburg. He was a founding member of the Stafford Rotary Club, a musician, avid tennis player and member of the Presbyterian Church in Fredericksburg. He was a married father of four. Michael Gus Pappas , 46, a real-estate investor and owner of Atlas Power Wash in Fredericksburg. He was a member of the Fredericksburg Rod & Gun Club and enjoyed target shooting and skeet shooting. He frequently visited yard sales, looking to add to his antique toy collection. He liked to bike ride, hike and camp with his wife and two children. The Feb. 22 flight 4 p.m. The group left Shannon Airport in Spotsylvania in Potter's Columbia 400 aircraft to attend the Wake Forest-Clemson basketball game in North Carolina. 10 p.m. After enjoying an overtime Wake Forest victory, the group departed Winston-Salem, headed back to Shannon Airport. 11:37 p.m. Fog and low clouds made visibility difficult, and Potter requested to land instead at the Stafford Regional Airport, which is larger and has more updated equipment. 11:40 p.m. The plane was last seen on radar. Feb. 23, 12:45 a.m. Police began looking for the plane after it didn't land. 9:11 a.m. The aircraft was found about a quarter-mile from the airport runway, where it apparently struck some trees and crashed. The National Transportation Safety Board is still investigating the cause of the accident. |