Chalk’s Seaplane Crash in Key West Harbor
In 1996, Mr. Hill partnered with a national aviation firm to represent the family of a pilot who had been killed in an accident on March 18, 1994.
The Chalk’s Airline Grumman Mallard G-73T crashed in Key West Harbor. The pilots had flown the seaplane from Miami to Key West on a commercial flight and had left it in the harbor for about an hour.
During the next takeoff, the seaplane lifted off the water normally. When the pilots raised the nose to climb, however, it continued to rise to an almost vertical position before stalling, then crashing into the harbor killing both pilots.
The NTSB determined that the bilge pumps had not adequately removed water from the seaplane while the aircraft was moored on the harbor. The NTSB blamed the pilots for the crash because they did not adequately preflight their aircraft.
The airline also claimed the accident was the fault of the pilots, and that it was entitled to immunity under Florida’s Workers’ Compensation Law because both pilots were employees of the airline. The families of the pilots claimed that the aircraft was inadequately designed and maintained by the airline, and that the crash was caused by the faulty bilge pumps on the aircraft.
Under Florida law, the claims of the families would have been barred by the Workers’ Compensation Law, but under U.S. Maritime law there was no bar to the claim. The issue in the lawsuit was whether the seaplane was an aircraft or a boat at the time of the accident.
The case was hotly litigated in the trial court and a summary judgment was entered for the families finding that the seaplane was still operating as a boat when the accident occurred.
This judgment was appealed to the Third District Court of Appeals in Miami. Mr. Hill wrote the lead brief for the families. In a published opinion, the appellate court affirmed the decision of the trial court and ruled for the families, resulting in a significant settlement for Mr. Hill’s clients.