Lawsuit over fatal aircraft crash in Whitsunday Islands hits trial

A couple who survived a horror helicopter crash which killed their honeymooning parents in the Whitsundays want the charter company to pay for the tragedy but there’s already been a major setback.

Emily and Bobby Sheets, survivors of the Whitsunday Air Services helicopter crash while landing on a pontoon on Hardy Reef near the whitsundays Islands - Photo Supplied Copyright Unknown

A US couple who survived a horror helicopter crash which killed their parents in the Whitsunday Islands are trying to claim millions in damages from the charter company, but the case is proving complicated.

Honeymooners Peter Hensel, 79 and Sue Sutterfield, 65 were killed when the helicopter they were in crashed near Hardy’s Reef on March 21, 2018.

The couple were joined by Sue’s daughter Emily and her husband Robert “Bobby” Sheets, on the aircraft which crashed northeast of Airlie Beach.

Whitsundays helicopter crash victims Peter Hensel and Sue Sutterfield who died while on their honeymoon at Hardy Reef.

According to reports at the time, the Airbus H120, owned by Whitsunday Air Services, botched its landing at Hardy Reef Heliport, northeast of Hamilton Island, about 3.35pm.

Court documents viewed by the Morning Bulletin for the compensation claims detail the physical and psychological injuries Mr and Mrs Sheets allegedly sustained, along with the financial impact of the tragedy on them and on Sue’s estate.

These injuries included cuts and bruising to their legs and other body parts, head trauma and concussion, vertigo, tinnitus, blurred vision, bruxism, anxiety and panic attacks, post-traumatic stress disorder, insomnia with Mr Sheets sustaining a deep cut to his left ankle and foot along with significant bruising to his left shoulder and forearm which led to weakness in the arm and an inability to lift any weight over one kilogram.

Mrs Sheets claims her loss of income and medical expenses, as a result of injuries she sustained in the accident, total $2,814,848.99AUD ($1,841,612.18USD).

Her husband claims his loss and medical expenses totalled $1,450,878.53AUD ($949,235.86USD) and Sue’s estate losses totalled $626,217.89AUD ($409,702.43USD).

However, Australian Federal legislation has capped the amount of compensation in civil aviation liability and insurance matters.

According to the Australian Government’s website, the cap on carriers’ liability for death or bodily injury of passengers on domestic flights was $725,000 prior to 2020 and was amended to $925,000 in 2020.

The site of the helicopter crash at Hardy Reef.

Because the Hardy’s Reef crash took place in 2018, the three claims in this case were capped at $725,000.

The claim lodged by Mr Sheets and the claim relating to the estate, have since been settled out of court, but the details of the settlement were not in the court documents.

Mrs Sheets, who lives in Colorado, will proceed with her claim which goes to trial in Rockhampton in November.

She and other overseas witnesses will give evidence via video link.

While media reports at the time of the crash stated the parents were honeymooners, the court documents state the Sheets couple were in the Whitsundays for business.

Hope Vale residents Philip and Reshmi Morris found a washed-up backpack at Cape Flattery beach, which belonged to American woman Emily Sheets – one of the survivors of a helicopter crash in the Whitsundays. Picture: Phillip Morris

According to the documents, the couple owns and operates a tourism business – an Airbnb – in Brookfield Colorado.

Statements lodged by the charter company’s lawyers outline its defence including the belief the Sheets couple were “unemployed” and there was no evidence proving they were injured in the accident.

The trial in the Supreme Court is scheduled to start on November 28 and is expected to run for two-four days.