Injured chopper passenger Chelsea Cortese sues dead pilot Troy Thomas’ company Avanova
A Western Australian woman injured in a serious chopper crash with pilot Troy Thomas, less than a year before the fatal incident that killed him and a 12-year-old girl, is suing the late tourism stalwart’s aviation company.
A Western Australian woman injured in a serious chopper crash with pilot Troy Thomas, less than a year before the fatal incident that killed him and a 12-year-old girl, is suing the late tourism stalwart’s aviation company.
Documents obtained from the Perth District Court reveal that passenger Chelsea Cortese is suing Thomas’s company Avanova Pty Ltd – which owned and operated his helicopter fleet – for damages over injuries she suffered in an unreported 2019 helicopter crash.
In July 2020, Thomas and Perth schoolgirl Amber Millar were killed when his Robinson R44 – registered VH-NBY – crashed immediately after takeoff from an industrial site in Broome.
But less than a year earlier, Thomas was the pilot in another serious helicopter crash in the Kimberley which injured everyone on board and destroyed the aircraft.
In July 2019, Thomas crashed his Robinson R44 – registered VH-ZGY – off the top of his catamaran, High Calibre, which was moored at Raft Point off the coast of Broome.
On the morning of July 12, Thomas, his operations manager Bryce McGlashan and Ms Cortese had boarded the helicopter to return to Thomas’s Horizontal Falls Seaplane Adventures pontoon.
Mr McGlashan, also a pilot, was sitting in the front passenger seat while Ms Cortese sat behind him.
The weather was fine and the water in the bay was calm but as soon as Thomas tried to takeoff, the helicopter yawed left, tipped forwards and rolled to the right.
The main rotor blades struck the starboard side of the vessel. The helicopter then hit the water and sank.
Mr McGlashan sustained serious physical injuries and Thomas, who was unlicensed at the time, suffered severe bruising and a sore neck.
Ms Cortese, who was aged 20 at the time, suffered severe injuries after almost drowning.
In its final report into the fatal Broome crash, the Australian Transport Safety Bureau said no-one reported this incident involving VH-ZGY to authorities.
The ATSB only discovered the crash, which was by law “immediately reportable”, during its three-year investigation into the Broome fatalities.
Ms Cortese’s statement of claim states that VH-ZGY crashed because it was still tethered to High Calibre when Thomas tried to take off from the helipad.
“As the helicopter began to take off, there was a holding strap still attached on the underside of the helicopter towards the front, which was pulling the helicopter down, when Troy Thomas manoeuvred the controls of the helicopter to the right, which resulted in the helicopter tilting to the right, and slicing the right hand side of High Calibre, shattering the glass windows, before nose diving into the water,” it says.
“The defendant was negligent in attempting to take off and climb the helicopter while it was still strapped to High Calibre causing a loss of control and the defendant failed to perform adequate pre-flight checks to ensure that the helicopter was not strapped to High Calibre before taking off and failed to exercise sufficient care and skill in the operation of the helicopter to prevent the accident.”
The 24-year-old claims she has since suffered from – and required extensive medical treatment for – severe injuries as a result of the accident.
“As a result of the accident the Plaintiff has experienced pain and suffering and a loss of enjoyment of life,” her lawyer Maureen O’Connell wrote.
“The Plaintiff has been incapacitated and has required and will require in the future the provision of services.
“The Plaintiff has required time off from her employment as a result of the injuries sustained in the accident and has sustained past economic loss and a loss of superannuation and will do so in the future.”
Ms Cortese is suing Avanova for damages, interest and costs.
In court documents Ms O’Connell claims that Avanova owed Ms Cortese a duty of care “to ensure she did not sustain injuries while a passenger in aircraft operated by the company” and that it was vicariously liable for any breach by people employed by or working for it including Thomas.
The Australian’s application to the Perth District Court for a copy of the defence pleadings was refused.
Ms Cortese’s claim against Avanova is expected to proceed to trial early next year.
Sophie Thomas, who was appointed director of Avanova weeks after her husband’s death, declined to comment.
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