LAS CRUCES — The family of the pilot killed in a plane crash west of Las Cruces on Aug. 27 has filed a wrongful death lawsuit in state District Court.
The suit, filed by a Texas law firm on behalf of Damiana Martinez, also alleges negligence, gross negligence and other claims against Southwest Aviation, two other businesses that have ties to the Las Cruces International Airport, and the city.
Martinez’s husband, Juan “Freddy” Martinez, of Santa Teresa was one of four people about the air ambulance killed in the crash that night.
In its preliminary investigation report, the National Transportation Safety Board stated a technician filled the twin-engine, propeller-driven plane with jet fuel instead of the required aviation-grade gasoline about half an hour before the evening crash
The plane, a Cessna 421C crashed about 7 p.m., shortly after takeoff. Witnesses saw black smoke trailing the plane and investigators smelled jet fuel in the wreckage.
“This was a tragedy that could have been prevented,” said G. Sean Jez, one of the attorneys representing the Martinez family, in a prepared statement.
The suit alleges Southwest Aviation, which operates the city-owned airport and fuel farm, failed to “create, implement and monitor,” safety procedures to prevent fueling errors.
The suit makes similar claims against New York-based Ascent Aviation Group and Houston-based Phillips 66, companies that reportedly co-owned the truck allegedly used to fill the plane with the improper fuel.
The city failed to implement proper safeguards, according to the lawsuit.
Attorneys for the defendants could not be reached late Thursday. City officials typically do not comment on pending cases.
A copy of the fuel farm lease between the city and Southwest Aviation, obtained this week by the Sun-News though a recent public records request, requires Southwest Aviation to carry insurance. It also states the city, any elected officials and employees will be held harmless for any liabilities or claims against the facility.
The suit seeks an unspecified amount of damages.
Freddy Martinez, 29, and the crew from Elite Medical Transport of El Paso — 35-year-old flight nurse Monica Chavez from Las Cruces and 27-year-old paramedic Tauren Summers of El Paso — were transporting Frederick Green, 59, to Phoenix for cancer treatment when the plane went down.
They all died in the crash.
Green’s family has filed a suit in a Texas court alleging negligence against Southwest Aviation and two Texas companies that had a role in maintaining the plane.
James Staley can be reached at 575-541-5476.
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