Sister of plane crash victim to sue estate of Robert Watterson

The sister of a man killed along with his two young kids in a plane crash has been given the green light to sue for damages.

The light plane crashed into the sea near Redcliffe. Picture: 7NEWS Brisbane

The sister of a man killed along with his two young kids in a plane crash has been given the green light to sue the estate of the millionaire pilot for damages for nervous shock.

Eliza Mocanu, sister of plane passenger Tiberu Cristian Mocanu and aunt of Lavinia Mia Mocanu, 10, and Lucas Dan Mocanu, 9, was given permission to sue by Supreme Court Justice Frances Williams on December 3.

Mocanu, from Woolloongabba, states in her notice of claim filed in the court, that the death of her brother and his two children when the plane piloted by millionaire businessman Robert David Watterson crashed, had a “profound and immense” impact on her.

“The deceased pilot is negligent in that he: failed to properly operate the landing gear of the aircraft, failed to abort the flight after noticing engine issues with the aircraft on the initial flight and further particulars will be provided after the investigations and inquest into the cause of the accident are finalised,” her notice of claim, filed in court states.

A photo from an ATSB report of a horror plane crash in Christmas in 2021 killing Lucas Mocanu, 9, Lavinia Mocanu, 10, their father Cris Mocanu, 41, and pilot Robert “Roy” Watterson, 67, in Redcliffe. Source: ATSB.

The 43-year-old blames Mr Watterson, from Wamuran, north of Brisbane, for the December 19, 2021 fatal crash into the water near Redcliffe Aerodrome at Rothwell about 170m from the shoreline at 9.08am.

Mocanu’s lawyer told the court in an affidavit that her family, who lived in Annerley, took off on a private scenic flight with pilot Mr Watterson in a Rockwell International 114 aircraft registered VH-WMM which departed Redcliffe aerodrome.

“The deceased pilot is negligent in that he: failed to properly operate the landing gear of the aircraft, failed to abort the flight after noticing engine issues with the aircraft on the initial flight and further particulars will be provided after the investigations and inquest into the cause of the accident are finalised,” the notice of claim states.

Divers search the wreckage. Picture: 7NEWS Brisbane

“The aircraft took off from runway seven and a short while into the flight, the pilot announced he was returning back to the aerodrome.

“During the return… the pilot extended the landing gear and as the aircraft neared the mangrove tree line north of the aerodrome, the aircraft descended and ditched into the water, about 170m from the shoreline.

“During the ditching, the aircraft flipped over, coming to rest inverted in about two metres of water.

“The magnitude of the above events and the impact upon the claimants wellbeing has been profound and immense. The claimant has developed psychiatric symptoms which continue to impact her health and wellbeing.

“The claimant was not present at the time of the accident and is therefore unsure whether seatbelts were worn, but has been told by the investigating authorities that seatbelts were worn”.

On July 28, 2022 law firm Carter Capner which previously represented Ms Mocanu, served a document on Mr Watterson’s estate notifying them that they intend to serve a nervous shock claim and asking them to place the distribution of estate assets on hold.

“No distribution should be made from the estate until our clients intended claim is dealt with,”

Carter Capner’s lawyer, filed in court, states.

“Please provide the following: details of the assets and liabilities of the estate, a copy of the death certificate, details of distributions made if any to date,” the letter states.

“Advise whether any other person has given any notice of claim against the estate and if so, provide details.”

Mr Watterson was the founder of Lincom Group, which provided industrial equipment to the mining industry.

Robert 'Roy' Watterson. Picture: Facebook

In a letter dated February last year the lawyers for the Watterson estate deny liability for damages to Mrs Mocanu.

Mrs Mocanu must give the Watterson estate copies of her available tax documents, medical evidence she intends to rely on in support of her claim and quantify her claim for damages, Justice Williams ordered on December 3.