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Justices reject jurisdiction in 'bizarre' fatal helicopter crash

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The family of a man killed by a falling helicopter that crashed in British Columbia will not have their case heard in Indiana where the helicopter engine was built, the Indiana Supreme Court ruled Monday.

Isaiah Omondi Otieno, 20, a Kenyan citizen and student at the College of the Rockies in Cranbrook, B.C., was killed four years ago as he was mailing a letter to his parents in Kenya. A helicopter lost power overhead, crashing and killing Otieno in a crash the court described as bizarre.

Otieno’s family filed a wrongful death suit naming as a defendant Rolls-Royce, the successor to Indianapolis-based Allison Division of General Motors, which designed and built the engine for the 1974 Bell Helicopter. The family sued in Indianapolis, Justice Frank Sullivan wrote, “because they would only be entitled to nominal damages under British Columbia law.”

But Sullivan wrote that the Indiana court was not the most appropriate venue.

“Because we conclude that British Columbia provides an available and adequate forum under applicable law, and that the trial court did not otherwise abuse its discretion in dismissing the complaint on the ground of forum non conveniens, we affirm the trial court’s judgment,” Sullivan wrote in a unanimous opinion.

The Court of Appeals also had previously affirmed the Marion Superior Court dismissal. Honeywell International Inc., which designed engine components in Indiana, and Bell Helicopter Textron Inc. of Texas, also had been named as defendants in the suit.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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