Albany, Oregon, Threatened with Lawsuit over Deadly Plane Crash
Dec. 2—A plaintiff's lawyer has taken the first steps into what could become a lawsuit against the city of Albany following a mid-summer crash of an ultralight aircraft hangered at the Albany Airport, according to a document on file with the city.
Just before 9 p.m. on July 9, an ultralight aircraft plunged nose-first into a Millersburg grass seed field, killing the pilot, Charles "Chuck" Kizer, and a passenger, Matthew Irish. It happened just 200 yards from Irish's home.
The tort notice received by the city claims damages against city of Albany and employees, naming airport managers Robb Romeo, Chris Bailey and Jon Goldman, the latter who has since left the city. It was filed by a law firm that specializes in aviation-related lawsuits on behalf of the Irish family.
The Albany City Council held an executive session during its meeting on Wednesday, to discuss the potential litigation. Following the discussion, which was closed to the public, the council voted unanimously to indemnify — cover the legal costs for — the three city staffers named in the tort notice, which often serves as a precursor to a lawsuit.
Mayor Alex Johnson II recused himself from the vote due to a pre-existing relationship with the claimant, according to a statement from City Manager Peter Troedsson.
The mayor was reportedly a close friend of Irish, whose wife, Elizabeth, served as Johnson's political campaign manager. The men also officiated high school football together. Johnson had also commended Kizer for his service to the community after the crash.
National Transportation Safety Board investigators were assisted by Linn County Sheriff's Office deputies in combing through the wreckage and photographing the crash scene. A final report on the investigation is not yet available.
The unregistered amateur-built aircraft was a North Wing Mustang 3 weight-shift-control trike, according to the NTSB's preliminary investigation report, which states that the pilot, Kizer, was an uncertified pilot. Pilot licenses are not required to fly ultralights.
The report states that after overflying the pilot's home, located about 4,000 feet north of the airport, the flight continued east for around 3.3 miles before turning left to overfly close to the passenger's home in the dusky but clear evening sky.
Several witnesses on the ground recorded the airplane maneuvering on their mobile phone devices. The report states an analysis of those videos shows the aircraft banked left to a near 90-degree turn. The left wing continued to drop down and the aircraft descended toward the ground as the turn tightened, impacting in left-wing low attitude.
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Cody Mann covers the cities of Albany and Lebanon. He can be contacted at 541-812-6113 or [email protected].
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