BOSTON (Legal Newsline) — Cape Air passengers who allegedly suffered burns and other injuries during a crash are claiming negligence.
Heather Gailetto, Autumn Kerr, Adam Papa and Nathan Brookshire filed a complaint June 21 in Massachusetts' Suffolk County Superior Court against Hyannis Air Service Inc., doing business as Cape Air, and Pieter Dijkstra, alleging negligence.
The plaintiffs, according to their complaint, were passengers on a Cape Air Flight on Sept. 9 2021, traveling from Boston to Provincetown Municipal Airport. They claim that the plane's pilot attempted to touch down during heavy rain with a tailwind and had to abort the landing before the end of the runway while attempting to take off again.
The plaintiffs allege the plane climbed slower than the pilot anticipated and struck a tree line and burst into flames. They further allege the pilot climbed over passengers in order to get himself out of the burning aircraft.
The plaintiffs claim they suffered serious injuries and burns as well as trauma from the event. They allege the pilot failed to exercise reasonable care and that the Cape Air pilot waiting on the ground in another aircraft failed to alert their pilot of the wind speed and safety conditions. The plaintiffs also claim Cape Air's negligence for failing to properly vet, hire and train its employees.
The National Transportation Safety Board's preliminary report says all six passengers and one crew member onboard were injured.
The plaintiffs seek monetary relief, interest, trial by jury and all other just relief. They are represented by Anthony Tarricone and Michael Lurie of Kreindler & Kreindler LLP in Boston, Daniel Rose of Kreindler & Kreindler LLP in New York City and Stuart Fraenkel and Nicole Andersen of Nelson & Fraenkel LLP in Los Angeles.