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Plaintiffs, the surviving widow and daughter of helicopter pilot Nathan Brown, filed suit after Brown was killed in a crash into an oil platform in the Gulf of Mexico. Initially, the Court ruled that the Death On The High Sea Act (DOHSA) applied, limiting recovery to pecuniary losses. Plaintiffs then moved for the Court to apply DOHSA as amended by the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). AIR 21 introduced provisions allowing nonpecuniary damages for deaths in commercial aviation accidents occurring beyond 12 nautical miles from shore after July 16, 1996. The Court granted Plaintiffs' motion, determining that Brown’s helicopter flight, an on-demand air taxi service for profit, constituted a commercial aviation accident under the plain language of the amended DOHSA statute and consistent with Federal Aviation Regulations. Consequently, Plaintiffs are entitled to recover nonpecuniary damages for loss of care, comfort, and companionship.
Brown v. Eurocopter S.A. is a workers' compensation case decided in District Court, S.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. Texas.
Full Decision Text1 Pages
Plaintiffs, the surviving widow and daughter of helicopter pilot Nathan Brown, filed suit after Brown was killed in a crash into an oil platform in the Gulf of Mexico. Initially, the Court ruled that the Death On The High Sea Act (DOHSA) applied, limiting recovery to pecuniary losses. Plaintiffs then moved for the Court to apply DOHSA as amended by the Wendell H. Ford Aviation Investment Reform Act for the 21st Century (AIR 21). AIR 21 introduced provisions allowing nonpecuniary damages for deaths in commercial aviation accidents occurring beyond 12 nautical miles from shore after July 16, 1996. The Court granted Plaintiffs' motion, determining that Brown’s helicopter flight, an on-demand air taxi service for profit, constituted a "commercial aviation accident" under the plain language of the amended DOHSA statute and consistent with Federal Aviation Regulations. Consequently, Plaintiffs are entitled to recover nonpecuniary damages for loss of care, comfort, and companionship.
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