Sept. 20--A Canadian businessman who won a civil lawsuit yesterday after the city of Columbus sold him a defective helicopter said others in the fleet might be unsafe.
Columbus "taxpayers should force an investigation into the maintenance of their helicopters," said Scott Baker, owner of Versatile Helicopters of British Columbia, Canada.
"I personally will go to the FAA and urge them to investigate."
A seven-member jury found yesterday that the city sold Baker a defective helicopter three years ago and should pay him $380,000 in damages.
Jurors deliberated for three hours before reaching the verdict after a 2 1/2-day trial in U.S. District Court.
Baker, 44, sued the city in 2010 for breach of contract, claiming that the 12-year-old helicopter he bought in 2009 for $510,000 had numerous mechanical problems that cost more than $200,000 to repair.
The aircraft had been part of the Columbus police helicopter fleet.
After 30 hours of flight time, Baker had to make an emergency landing when the helicopter's engine failed, his lawsuit said. Inspections in Canada revealed that the aircraft was "dangerous to fly in the condition received from the city of Columbus," according to the lawsuit.Problems included "structural cracks, time-expired components, loose drive-coupling components and other significant maintenance deficiencies."
Douglas J. Suter, Versatile's attorney, said Baker was promised a helicopter in "airworthy condition." Local aviation expert Dwight D. Law testified during the trial that the helicopter was not airworthy.
Suter said Baker did not have his own experts examine the helicopter before he purchased it because he was assured by the city's broker, Mark White of Oklahoma, and in sale documents that it was mechanically sound and had passed an FAA annual inspection.
Glenn B. Redick, who represented the city in the trial, said he was not sure whether the city would appeal the verdict.
Though the jury awarded damages of $380,000, Judge Gregory L. Frost ruled they would be capped at $250,000, because that was the amount Baker sued for.
The city's deputy safety director, George Speaks, said the Police Division sells older helicopters "because we don't want to put money towards the upcoming maintenance."
The helicopter Baker bought "does not reflect the fleet, which is in excellent shape," Speaks said.
Lt. Greg Estep, who supervises the 21-member helicopter unit, said yesterday that he has complete confidence in the city's maintenance program for its six police helicopters.
"Our pilots feel confident in the equipment and the maintenance," he said. "We do really good training for all our pilots that is second to none."
A police helicopter had engine failure during a flight in August and landed without injuries to the pilot. Estep said he couldn't discuss the incident because it remains under investigation.
Part of the argument in the federal lawsuit was over who owned the helicopter when Versatile bought it. Redick said the city had an agreement for White, of Air Flite Inc., to sell the helicopter and thus the contract that Baker signed was with White, not the city.
"I defy you to find on this document any reference to the city of Columbus whatsoever," Redick said in closing arguments.
But Suter said evidence proved that the city of Columbus was pulling the strings in negotiations between Versatile and the city's broker.
"This was the city's helicopter, not Mark White's helicopter," he said, arguing that the city's name wasn't on the contract because the city didn't want the liability.
@reporterkathy
Copyright 2012 - The Columbus Dispatch, Ohio
