$360k payout for partner of Lockhart River crash victim

Saturday, September 4, 2010

© The Cairns Post

 

A BAYVIEW Heights woman whose partner was killed in the 2005 Lockhart River plane crash tragedy has been awarded $360,000 in damages after a three-year court battle.

Pearl farmer Edward Green, 35, was one of 15 people killed when a twin-engine aircraft, owned by Transair, crashed on approach to Lockhart River on May 7, 2005.

His partner Tamlin Harris' lengthy bid for damages came to an end in Cairns Supreme Court yesterday, a week after former Cairns policeman Trad Thornton, whose fiancee Sally Urquhart also died in the crash, was awarded the $500,000 maximum.

The latest settlement comes amid a call for Transair owner Les Wright, who was killed in a plane crash in Papua New Guinea on Tuesday, to be remembered for more than just the Lockhart River disaster.

Mr Wright's friend Lindy Andrews said he had been unfairly treated and should be remembered for his work in Papua New Guinea.

"More than 400 medivacs for people in PNG - he should be remembered for saving lives, not the Lockhart crash," she said.

"Yes, he did have a cowboy attitude, he was a frontier and pioneer guy, he was an adventurer, an aviator.

"But he was haunted by the Lockhart crash. It haunted him. He had to dig deep because he was traumatised by it."

In court documents viewed by The Weekend Post yesterday, it was revealed Ms Harris, 34, also attempted to claim maximum damages from now-defunct air carrier Transair.

Ms Harris and Mr Green intended to buy and operate Cape Tribulation Wilderness Cruises and Cape Tribulation Fishing and Reef Charter Operations before his death.

The venture was dependant on Mr Green's skills and experience as a skipper and tour guide.

Ms Harris estimated the total loss of future earnings to be about $1.3 million, but under Queensland law could only claim $500,000.

She outlined her personal pain in one of more than 50 documents filed in Cairns Supreme Court since May, 2007.

"After Ted's death in the accident, I could not go on working and spent about 18 months staying with and spending much time in the comfort of family and friends before returning to work," she wrote.

Ms Harris's lawyers were prepared to battle Transair in a three-day trial, but it was avoided when both parties came to an agreement for $360,000 plus court costs.

Aviation litigation expert Spencer Ferrier of Ferrier and Associates, who acted on behalf of Ms Harris, said it had been a long battle.

"The outcome of the Urquhart claim was definitely an inspiring thing for us," he said.

"Our next court appearance would have been in October so we are certainly glad to be able to settle sooner rather than later."

Mr Ferrier also represented former Cairns woman Fiona Norris, whose husband Paul Norris - an off-duty pilot - was also killed in the crash.

It is believed she settled out of court for an undisclosed amount about 18 months ago, which according to Mr Ferrier is still too long.

"For me personally, this represents an urgent need for law reform in these matters," he said.

 


<strong>Haunted:</strong> Transair owner Les Wright, killed in a plane crash in PNG on Tuesday.

Haunted: Transair owner Les Wright, killed in a plane crash in PNG on Tuesday.

 

<strong>Tragedy:</strong>Fifteen people died when their twin-engined plane crashed on approach to Lockhart River in 2005.

Tragedy:Fifteen people died when their twin-engined plane crashed on approach to Lockhart River in 2005.


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