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November 3, 2009

Mother of woman killed in helicopter crash files suit

By BOB GIBBINS



The mother of a Tahlequah woman killed last month in a helicopter crash has filed suit against the pilot’s estate, his parents and the helicopter manufacturer.

Attorneys for Juanita Kristene Scraper filed the suit late Friday afternoon. Her daughter, Darci Scraper, and pilot Mark James Mahaney, 26, died in the mid-October crash of a Robinson R-22 Beta helicopter.

In addition to Mahaney’s estate, the petition also lists as defendants his parents, James Mahaney and René Rozell; Robinson Helicopter Co.; the estate of Trevor B. Noble; and five unknown men, listed in court documents as John Does 1-5.

The suit alleges Mahaney “negligently” operated the helicopter, which “caused and contributed” to the injuries that ultimately killed Darci Scraper. It claims Juanita Scraper is entitled to recover compensation for “grief and loss of companionship, services, love, care, affection prior to her death, funeral and burial expenses and punitive damages.”

James Mahaney and René Rozell are listed as defendants because they allegedly “exercised control” over the helicopter and were “instrumental in furnishing” the aircraft to Mark Mahaney, the suit contends. It also alleges Mahaney’s parents knew or should have known of their son’s “reckless flying habits.”

The suit claims the helicopter was manufactured in 2007 and was purchased by John Doe 1 from John Doe 2.

The craft was owned by Trevor Noble at the time of the crash, the suit states.

The suit alleges the helicopter was “negligently designed” by Robinson Helicopter Co. in a manner that made it “defective and unreasonably dangerous.”

Scraper seeks judgment against each defendant in excess of $10,000 for actual and exemplary damages, interest, court costs and attorney fees. She is represented by Garvin Isaacs, an Oklahoma City attorney.

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