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The family of the chair of the Nigerian stock exchange Abimbola Ogunbanjo is suing the helicopter company for the decision to fly in a wintry weather mix, resulting in a crash that killed six people. Ogunbanjo's family is suing Orbic Air, alleging negligence and wrongful death in the February 9 crash.RELATED STORIES:Witnesses describe wintry weather before deadly helicopter crash that killed 6Nigerian bank CEO among 6 killed in Mojave helicopter crash in deteriorating weather
Relatives are suing over the alleged wrongful death of Ogunbanjo, CEO of Access Bank Herbert Wigwe, Wigwe's wife Doreen and son Herbert, along with the two pilots, Benjamin Pettingill and Blake Hansen. On Feb. 9 a Eurocopter E-130-B4 (N130CZ) crashed in the Mojave Desert amidst a wintry mix of rain and snow, killing all six on board. Andrew C. Robb of Robb and Robb LLC, filed a suit against the helicopter company, naming the unidentified successors of the two pilots, whom Ogunbanjo's family faults, according to AP News. The lawsuit is seeking a jury trial and payment for burial and funeral expenses, as well as other damages.
At the time of the deadly crash, it was overcast with the lowest ceiling of 5,500 AGL. Visibility was ten miles and wind speed was seven knots at 210 degrees. The temperature was about 44 degrees. The NTSB preliminary report noted that witnesses in the area said the weather conditions were "not good" and that it was raining with a snow mix.
"Helicopters do not do very well in snow and ice," Robb said to The Associated Press. "This flight was entirely preventable, and we don't know why they took off."
The family is suing for answers as to why the flight took off despite the weather conditions. According to Business Insider Africa, the lawsuit is targeting the helicopter company that operated the flight, alleging that it failed to plan and prepare for the weather conditions.
The copter had left the base at the Bob Hope Airport (BUR) in Burbank, California to reposition for a charter passenger flight. The accident flight then took off from the Palm Springs International Airport (PSP) under visual flight rules, flying a northwesterly heading for about two miles. The helicopter continued along U.S. Highway 111 to Interstate 10 at altitudes between 2,500 and 3,000 ft mean sea level. The copter then crossed over the San Bernardino International Airport (SBD).
The helicopter continued to its destination at the Boulder City Municipal Airport (BVU), climbing between 4,000 and 5,500 ft msl, then descending to about 3,500 ft msl near Barstow, California. The NTSB prelim revealed that the final ADS-B track data was lost soon after, likely due to terrain interference. The crash site was located about 0.31 miles east-southwest of the final data point at an elevation of about 3,360 ft msl. Several witnesses made 911 calls, reporting seeing a fireball to the south. The debris was scattered in the high mountainous desert on scrub brush-covered terrain.
AP News reported that Ogunbanjo's wife and two children filed the suit in the San Bernardino County Superior Court on Wednesday against Orbic Air and its CEO Brady Bowers. The firm, Robb and Robb, represented Kobe Bryant's widow, Vanessa Bryant when she filed a suit against the pilot and owners of the helicopter that crashed in Calabasas in 2020, killing her husband and daughter Gianna, as well as seven others. The lawsuit was settled in 2021 for an undisclosed amount, according to AP News.RELATED STORY:Kobe Bryant helicopter crash investigators looking at weather conditions