Partner of woman killed after plane hit Fairview home files $10M wrongful death suit
PORTLAND, Ore. (KOIN) -- The partner of the woman killed after a plane crashed into their Fairview townhome last year filed a $10 million wrongful death lawsuit in Multnomah County Court on Thursday.
The crash happened the morning of Aug. 31, 2024, when a twin-engine Cessna 421C went down near the Troutdale airport, hitting a large oak tree and a power pole before crashing into a townhome building in Fairview Terrace, killing 75-year-old Barbara J. MacDonald as she slept.
The suit, filed on behalf of MacDonald's partner Kent Walton, names Circle Capital Industrial LLC, Emerald Aircrafters, as well as the estates of pilots Michael Busher and Jacqueline Whitford, who also died in the crash.
The suit alleges negligence on behalf of Emerald Aircrafters for not adequately maintaining and inspecting the plane, as well as Circle Capital for not further ensuring the plane's control, flight and fuel systems were "airworthy" and safe to operate.
Further, the suit names Busher and Whitford for failing to determine whether the plane was safe before takeoff, continuing the flight even when it needed to make an emergency landing, as well as "piloting and operating the airplane in an unsafe manner."
The National Transportation Safety Board’s preliminary report - released in Oct. 2024 - disclosed Busher responded to air traffic controller questions about his intentions that “he was having ‘handling problems’ followed by a partial radio transmission of ‘Test flight; I can’t get this thing to-‘”
The report also states the controller told Busher of converging air traffic, then asked all other aircraft to stand by, giving clearance for Busher to land.
However, when the controller asked if they were able to land, the NTSB’s report stated the second pilot, identified by Multnomah County authorities as 79-year-old flight instructor Jacqueline Whitford, said, “We’re going to try, not sure.”
It was the last received radio transmission from the Cessna, according to the NTSB.
Radar data cited in the report showed the Cessna continued to descend, turning to the left about 2 miles south of its initial runway before radar contact was lost.
The crash left thousands without power that day and displaced three other families.
The suit was filed by attorneys Matthew Clarke of Lake Oswego and James Anderson of Seattle and seeks $10 million in damages.
KOIN 6 has reached out to Emerald Aircrafters and Circle Capital for comment. This story will be updated when we hear back.