Families of military crash victims sue plane's modifier

JACKSONVILLE, FLORIDA - Relatives of two National Guardsman killed in a March plane crash on Friday sued the company that modified the aircraft. <br> <br> The families sued Bombardier Aerospace in Duval County Circuit Court alleging that the aircraft that crashed March 3 south of Macon was unstable and never properly tested. Twenty-one National Guardsmen died. <br> <br> Robert Spohrer, the attorney who represents the relatives, said the National Guardsmen were ``guinea pigs&#39;&#39; because the modifications to the C-23 Sherpa were never subjected to the rigorous testing demanded of civilian models. <br> <br> He said the aircraft was built and sold as a commuter aircraft by Short Brothers of Northern Ireland. It was later sold to the U.S. Army. Modifications were made at Bombardier&#39;s plant in Bridgeport, W.Va. <br> <br> ``These modifications had a substantial effect on the longitudinal stability and control of the aircraft, yet Bombardier Aerospace never fully tested the design, and never warned the Army National Guard or the Sherpa pilot community of the potentially catastrophic problems,&#39;&#39; Spohrer said. <br> <br> Dave Franson, a spokesman for Bombardier in Wichita, Kan., said the company does not comment on pending lawsuits. <br> <br> Colette Chattaway, sister of Staff Sgt. Paul Blancato, 38, of Norfolk, Va. and John T. Sincavage, father of Staff Sgt. John Sincavage, 28, of Chesapeake, Va., filed the suit. <br> <br> ``There was no reason for my brother or any of the others to be on a plane that was not safe to fly. I hope the responsible parties are held accountable so the tragedy does not happen again,&#39;&#39; Chattaway said. <br> <br> The lawsuit seeks damages in excess of $15,000. Spohrer said he has not found any other families willing to sue, but not all have been contacted. <br> <br> The plane crashed during a violent thunderstorm in a muddy field killing 18 Virginia Air National Guard passengers and three crew members from the Florida Guard. <br> <br> A board that investigated the crash blamed it on crew error, although Maj. Gen. Ronald O. Harrison, who ordered the probe, blamed bad weather and equipment malfunctions. <br> <br> According to the report released in August, weight imbalances in the aircraft were the primary cause of the crash. <br> <br> Investigators said cargo shifted when pilot Eric Larson left the cockpit and walked through the plane toward the restroom, unbalancing the craft just as it hit severe turbulence. <br> <br> Investigators believe the aircraft was over its maximum allowable weight and most of the Guardsmen&#39;s baggage was in the back of the plane. <br> <br> At the time of the report, Harrison, who has since retired, said he disagreed with the investigators&#39; findings. He said he believed the crash was caused primarily by extreme turbulence and wind shear from a severe thunderstorm. He added that faulty weather radar, poor route selection and the imbalance of cargo contributed to the crash. <br> <br> Harrison also said there was a problem with the plane&#39;s autopilot system, which was in control when Larson walked toward the back of the plane. <br> <br> ``Aviation mishaps are seldom caused by a single factor; this one was no exception,&#39;&#39; Harrison said in August. ``It was caused by a series of events that, in combination, proved fatal.&#39;&#39;