Passenger of plane that crashed in Dandan sues

Another passenger of the Piper Cherokee aircraft who was injured when the plane crashed on a farm on Saipan two years ago while en route to Tinian has filed a lawsuit in federal court to seek damages for her injuries.

Yoko Kamiyama sued pilot Brent J. Hinkemeyer, Taga Air Charter Services Inc., Tinian Dynasty Hotel Inc., Hong Kong Entertainment (Overseas) Investment Ltd., and 75 unnamed co-defendants.

Kamiyama, through counsel Bruce Berline, sued the defendants for negligence, intentional misrepresentation, negligent misrepresentation, violation of CNMI’s Consumer Protection Act, and violation of certain U.S. Treaties.

The plaintiff is seeking over $100,000 in damages, court costs, attorney’s fees, and pre-judgment interest.

In the suit filed Thursday before the U.S. District Court for the NMI, Berline said the Tinian Dynasty Hotel, which had leased the Piper Cherokee, was responsible for the operational control of the airplane when the incident happened.

At the time of the flight, Berline said, Tinian Dynasty Hotel and Hong Kong Entertainment were not authorized to conduct air operations under the Federal Aviation Regulations.

On Aug. 11, 2006, the airplane, piloted by Hinkemeyer, crashed into a farm in Upper Dandan, bursting into flames and destroying the airplane. Kamiyama was one of the seven passengers aboard the plane.

On that day, according to Berline, Hinkemeyer was not authorized to fly the airplane under FAR. Up to and including the day of the incident, the lawyer alleged, Taga Air’s policy was to fuel only the airplane’s main inboard wing tanks, leaving the plane’s outboard wing tip tanks empty.

“Such policies were in violation of the explicit language contained in the airplane’s flight, operating and or owner’s manual and applicable Federal Aviation Administration rules and regulations, including without limitation, the Federal Aviation Regulations,” Berline said.

Moreover, prior to the incident, the airplane’s manufacturer issued a mandatory service bulletin for the installation of shoulder harnesses for all passengers, he said. The mandatory service bulletin included a warning not to seat passengers in the airplane’s optional seventh seat if the harness was not installed.

Taga Air determined that compliance with said mandatory service bulletin was required and that the provisions of the mandatory service bulletin had been complied with.

Berline said that FAA’s rules and regulations require compliance with manufacturer’s mandatory service bulletins.

Additionally, Berline said, on the day of the incident, the airplane was loaded in excess of its allowable operating weight prior to takeoff, in violation of the airplane’s flight, operating or owner’s manual, or applicable FAA rules and regulations.

He asserted that defendants failed to obtain liability insurance on the airplane and to provide the FAA with evidence of such liability insurance.

Kamiyama purchased round-trip airline tickets from a Japan travel agency in order to fly from Japan to Tinian.

On Aug. 10, 2006, Kamiyama boarded a Northwest Airlines flight at Tokyo Narita International Airport and flew, nonstop, to the Saipan International Airport.

On Aug. 11, 2006, immediately after deplaning from the Northwest flight, Kamiyama walked over to the domestic terminal located at the Saipan International Airport and boarded the airplane, along with five other passengers, in order to fly to Tinian.

Berline said Kamiyama sat on the right side of the plane, in the seat directly behind Timmerman.

Patrick James Timmerman, who also was a licensed pilot employed by Tinian Dynasty, sat in the front, right side of the plane next to pilot Hinkemeyer.

At 2:15am, Berline said, Hinkemeyer taxied the aircraft onto Saipan International Airport’s Runway 07.

He said Hinkemeyer, however, did not taxi to the threshold of Runway 07 in order to use the runway’s entire length of 8,700 feet.

Instead, Berline noted, the pilot began the takeoff from the intersection of Runway 07 and Bravo taxiway.
Hinkemeyer accelerated the airplane down Runway 07 and as the plane became airborne, it began its initial climb to altitude.

“Shortly after becoming airborne, while still in its initial climb, the plane’s single engine lost power. The plane crashed into the jungle about one half mile southeast of the departure end of Runway 07,” he said.

After the airplane crashed into the jungle, Berline said the fuel selector valve was found to be positioned so as to draw fuel from the left outboard wing tip tank.

Kamiyama sustained serious injuries, including burns on her arms and legs, fractured and broken bones, various contusions and other injuries. Berline said his client also suffered and continues to suffer tremendous pain and anguish as well as severe shock to her entire system.

“The crash and resulting injuries and damages were caused by defendants negligently operating, maintaining, certifying, servicing and or controlling the aircraft,” he added.

Last February, Timmerman also filed a lawsuit in federal court against the same defendants. Timmerman’s wife, Maria Purley Agcaoili Timmerman, and their minor son also joined the lawsuit as co-plaintiffs.