San Diego Plane Crash: Wrongful Death Lawsuit Filed – What Families Need to Know

San Diego Plane Crash: Wrongful Death Lawsuit Filed – What Families Need to Know

The aftermath of a plane crash is devastating, especially when it results in fatalities. In May 2025, a tragic plane crash in San Diego claimed the lives of six individuals, leaving families and the community in mourning. In the wake of such a tragedy, families often grapple with not only the emotional pain but also complex legal questions. One of the primary concerns is whether they can pursue a wrongful death lawsuit against those responsible.

Recent Wrongful Death Lawsuit Filing

In a recent development, a wrongful death lawsuit has been filed against the estate of Dave Shapiro, the pilot of the plane involved in the San Diego crash. The lawsuit was filed on behalf of Celina Kenyon’s daughter, who tragically lost her mother in the incident. Kenyon, Shapiro, and four others perished when the small plane Shapiro owned and piloted crashed into power lines while attempting to land at Montgomery-Gibbs Airport. The crash resulted in a fire that engulfed over 20 cars and damaged nearby homes.

According to the lawsuit, Shapiro was aware of the heavy fog that would impede his landing at Montgomery-Gibbs and was offered alternative airport options in case he needed to abort the landing. The suit alleges that Shapiro’s decision to proceed with the landing despite the hazardous weather conditions constituted negligence, directly leading to Kenyon’s death. While the lawsuit does not specify a precise amount, the family seeks compensation for the financial support Kenyon would have provided to her daughter throughout her life, as well as funeral expenses.

Understanding Wrongful Death Lawsuits in California

A wrongful death lawsuit is a civil action brought by the surviving family members of a deceased person against the party or parties whose negligence or misconduct caused the death. In California, a wrongful death claim allows the family to seek compensation for various losses, including:

  • Financial Support: Loss of the financial contributions the deceased would have provided.
  • Loss of Companionship: Compensation for the emotional distress and loss of companionship resulting from the death.
  • Funeral and Burial Expenses: Reimbursement for the costs associated with the funeral and burial.
  • Medical Expenses: Recovery of medical expenses incurred by the deceased before their death due to the accident.

Who Can File a Wrongful Death Lawsuit?

In California, the following individuals can file a wrongful death lawsuit:

  • The deceased person’s surviving spouse
  • The deceased person’s children
  • The deceased person’s parents
  • Other individuals who were financially dependent on the deceased

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for wrongful death cases is generally two years from the date of death (California Code of Civil Procedure § 335.1). However, there are exceptions that may extend or shorten this period, such as:

  • Government Claims: If the accident involves a government entity or employee, a claim must be filed within six months of the death (California Government Code § 911.2).
  • Medical Malpractice: In cases involving medical malpractice, the deadline is typically one year from when the injury was discovered, or three years from the date of injury, whichever comes first (California Code of Civil Procedure § 340.5).
  • Discovery Rule: If the family only discovers later that negligence caused the death, the statute of limitations may begin from the date of discovery.

Potential Liable Parties in a Plane Crash

Determining liability in a plane crash can be complex, as multiple parties may be responsible. Potential liable parties include:

  • The Pilot: If pilot error contributed to the crash, the pilot’s estate may be held liable.
  • The Aircraft Owner: The owner of the aircraft may be liable if they were negligent in maintaining the plane or entrusting it to an unqualified pilot.
  • Aircraft Maintenance Contractors: If negligent maintenance caused the crash, the maintenance contractors may be liable.
  • Parts Manufacturers: If a defective part caused the crash, the manufacturer may be held liable under product liability laws.
  • Air Traffic Controllers: If air traffic controller error contributed to the crash, the air traffic controllers and the FAA may be liable.
  • Fixed Base Operators (FBOs): FBOs, which provide services such as fueling and hangar rental, may be liable if their negligence contributed to the crash.
  • The City of San Diego: In the recent San Diego plane crash, three residents are taking legal action against the city of San Diego for injuries they suffered. They claim the city failed to adhere to Federal Aviation Regulations.

Legal Options for Families

Following a plane crash, families have several legal options:

  • Wrongful Death Claims: As discussed above, families can file a wrongful death claim against the responsible parties to seek compensation for their losses.
  • Personal Injury Claims: If any family members suffered injuries (physical or emotional) as a result of the plane crash, they may be able to file a personal injury claim.
  • Product Liability Claims: If the crash was caused by a defective part, victims or their families can file a product liability claim against the manufacturer.

The Importance of Legal Representation

Aviation accident cases are often complex and require a thorough investigation to determine the cause of the crash and identify all liable parties. An experienced aviation accident attorney can help families:

  • Navigate the Legal Process: Understand and manage the complexities of the legal system.
  • Gather Evidence: Collect and preserve crucial evidence to support the claim.
  • Negotiate with Insurance Companies: Handle negotiations with insurance companies and other parties.
  • Represent You in Court: Provide skilled representation if the case goes to trial.

Recent Aviation Crashes in California

Several recent aviation accidents in California highlight the ongoing challenges in aviation safety:

  • January 30, 2025 – Santa Barbara County: A Cirrus SR22 aircraft crashed near Santa Barbara Airport, resulting in critical injuries to the two occupants.
  • January 2, 2025 – Fullerton: A single-engine Van’s RV-10 plane crashed into the roof of a building in Fullerton, resulting in two fatalities and 19 injuries.
  • February 12, 2025 – San Diego: An E/A-18G Growler jet crashed off the coast of San Diego; the two crew members ejected and were rescued.

These incidents underscore the critical importance of aviation safety and the complexities involved in handling claims after such tragedies.

Call to Action

The aftermath of a plane crash is an incredibly challenging time for families. If you have lost a loved one in a plane crash in San Diego, it is essential to understand your legal rights and options. Contact an experienced San Diego aviation accident attorney as soon as possible to discuss your case and determine the best course of action. A qualified attorney can help you navigate the legal process, protect your rights, and pursue the compensation you deserve.