US firefighters' widows sue over 'tragic' plane crash
Captain Ian McBeth, 45, first officer Paul Clyde Hudson, 42, and flight engineer Rick DeMorgan Jr, 43, were killed when their firefighting tanker crashed in southern NSW on January 23, 2020.
The Lockheed Martin EC-130 LAT stalled at low altitude after dropping fire retardant, likely after a "sudden and significant" wind change, an inquest found in March 2024.
The inquest heard the crew was tasked to a fireground at Adaminaby, in the NSW Snowy Mountains, just as the pilot of a different fire surveillance aircraft rejected a mission to fly because of the extreme conditions.
The US crew could not drop retardant at the fireground due to low visibility, before they were deployed to different blaze nearby, known as the Good Good fire, which was burning in a mountain range.
It was there that the crew did a partial drop, before the plane lost power and likely stalled.
Captain McBeth's widow Bowdie McBeth and Mr Hudson's widow Noreen Hudson are seeking damages, suing both the NSW RFS and the aircraft operator Coulson Aviation.
A statement of claim filed in the NSW Supreme Court alleges both organisations were negligent in exposing the crew to a foreseeable and significant risk of harm.
The RFS and Coulson Aviation should have taken several precautions to protect the crew, including recognising "the forecast and weather conditions in the Snowy Mountains region were hazardous and unsafe for aircraft".
The men should have also been informed that the pilot of the surveillance aircraft had rejected the task to fly due to the dangerous conditions, the document said.
At the inquest the RFS conceded the crew could have been given more information, but the experienced airmen knew enough to make informed decisions about flying that day.
During a brief Supreme Court hearing in late June, Justice Richard Cavanagh was told Ms McBeth and Ms Hudson were no longer represented by large compensation firm Shine Lawyers.
The women engaged separate lawyers and were seeking to serve fresh expert reports more than two years after the case was first filed.
Barrister Greg O'Mahoney, representing Coulson Aviation, said there was a long history of non-compliance with service orders in the case and a large volume of evidence available from the inquest.
But Mr O'Mahoney and Nicholas Newton, the barrister representing the RFS, acknowledged the case would fall apart if the women's new lawyers were not allowed to serve the fresh reports.
Justice Cavanagh granted leave for the families' legal teams to file new expert reports on liability by September.
"(This is) obviously a tragic, difficult case ... a complex case," the judge said.
He set down a 10-day hearing in June 2026.
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The Advertiser
a day ago
- The Advertiser
Black Summer 'hero' firie quits Rural Fire Service in disgust after 18 years
A firefighter who was awarded for bravery during the Black Summer fires and suffered ongoing health issues, has resigned from the NSW Rural Fire Service. Ian Avage, previously a Rural Fire Service captain and group captain at Splitters Creek, located in Albury NSW, cited bullying, double standards and a lack of support for volunteers as his reason for quitting. "I can no longer be a part of what is quite obviously a failing organisation," Mr Avage said in his resignation letter, seen by - ACM masthead -The Border Mail and quoted with his permission. Mr Avage, an 18-year volunteer firefighting veteran, was one of six Riverina volunteers, including fallen firefighter Samuel McPaul, recognised for bravery during a tornado-like fire at Green Hill in 2019. The deputy group captain at the time was checking on his crews when a fireball exploded, forcing his vehicle to roll on its side. Mr Avage left his RFS vehicle and ran through the horrifying conditions to take shelter in a nearby property before his vehicle exploded into flames. "A 28-year-old lost his life in a nearby vehicle on that day," Mr Avage said. "Five other firefighters were injured in varying degrees, including myself. "I smashed my way out of the car window. The RFS vehicle was fully engulfed with flames. "I was 60 seconds off being toast. "Some time later, as a result of that day, things spiralled, went south for me, and I've got no qualms in talking about that. "I went through a couple of years of pretty nasty PTSD and put my family and friends through absolute hell. "Luckily, I was supported by good family, friends and a couple of very good people within the local RFS office. "No support from NSWRFS though; once you are given a workers' compensation claim number, they wipe their hands of you. Their mental health program has been a dismal failure." Mr Avage said he withdrew from his business, sold his partnership and worked for the RFS as a casual employee for three months. Then came a battle to get fair rights for his workmates. "It's taken me and another casual employee two, to two-and-a-half years to fight them, for myself and 20 other casual volunteers who were employed on a casual contract to get what was entitled to us," he said. "Finally, we got everything we're entitled to, but it took me and one other to continually pursue the RFS. "I had been in a sizeable business and worked closely with unions and negotiated EBAs over many years in the construction industry, and I wouldn't take no for an answer. "Their answer is no ... deny, deny, deny." Mr Avage said there would be more damage done before senior figures at the RFS "take off their blinkers". "The dictatorial hypocrisy that NSWRFS has become will prevail unless volunteers continue to stand up to them," Mr Avage said. "The sooner they realise and remember that without volunteers they have no job, the better. "Unfortunately, I feel there is some damage to be done still before they take off their blinkers." Volunteer Fire Fighters Association president Jon Russell said Mr Avage was one of many RFS volunteers to have quit after being "treated appallingly": "Eighteen years of unpaid volunteer service has just walked away because of the ongoing appalling treatment of volunteers by the RFS hierarchy," Mr Russell said. Mr Russell said he had alerted Albury-based Greens MP Amanda Cohn to the reasons leading to Mr Avage's resignation. Dr Cohn in April questioned the then-RFS commissioner, Rob Rogers, at a NSW estimates committee hearing about an alleged "bullying culture" within the organisation. "Last estimates, we discussed the monitoring of bullying within the RFS," Dr Cohn said. "You were on record previously saying you didn't think there was a problem with bullying, but a problem with accountability." Mr Rogers replied: "As at 28 March, we have received 223 workplace complaints ... whilst I don't like complaints, I think it's a good sign that there are more complaints. "It makes people feel a level of confidence in reporting through it. I would expect that there'd be a level of surge. "They've come through different ways - a formal complaint form and a third-party hotline that we've set up where people can ring a different outside agency to report it. "We've been working through those complaints. The new system is there and it's working." The RFS told The Border Mail it had "zero tolerance" for bullying or harassment. An RFS spokesperson said the service "sincerely thanks former captain Avage for his many years of service to his community and the organisation". "We take all complaints of inappropriate behaviour seriously and are committed to ensuring every member feels safe, supported and respected," the spokesperson said "To support this, the service implemented a number of mechanisms ... which provided current and former members with access to an independent review of serious misconduct matters, and now has the Workplace Complaints Resolution Framework, which came into effect in July 2024. "The RFS is also committed to the wellbeing of its members. "In the years following the 2019-20 fire season, the most devastating in the state's history, the service significantly expanded its mental health and wellbeing support, introducing new programs and strengthening existing services." A firefighter who was awarded for bravery during the Black Summer fires and suffered ongoing health issues, has resigned from the NSW Rural Fire Service. Ian Avage, previously a Rural Fire Service captain and group captain at Splitters Creek, located in Albury NSW, cited bullying, double standards and a lack of support for volunteers as his reason for quitting. "I can no longer be a part of what is quite obviously a failing organisation," Mr Avage said in his resignation letter, seen by - ACM masthead -The Border Mail and quoted with his permission. Mr Avage, an 18-year volunteer firefighting veteran, was one of six Riverina volunteers, including fallen firefighter Samuel McPaul, recognised for bravery during a tornado-like fire at Green Hill in 2019. The deputy group captain at the time was checking on his crews when a fireball exploded, forcing his vehicle to roll on its side. Mr Avage left his RFS vehicle and ran through the horrifying conditions to take shelter in a nearby property before his vehicle exploded into flames. "A 28-year-old lost his life in a nearby vehicle on that day," Mr Avage said. "Five other firefighters were injured in varying degrees, including myself. "I smashed my way out of the car window. The RFS vehicle was fully engulfed with flames. "I was 60 seconds off being toast. "Some time later, as a result of that day, things spiralled, went south for me, and I've got no qualms in talking about that. "I went through a couple of years of pretty nasty PTSD and put my family and friends through absolute hell. "Luckily, I was supported by good family, friends and a couple of very good people within the local RFS office. "No support from NSWRFS though; once you are given a workers' compensation claim number, they wipe their hands of you. Their mental health program has been a dismal failure." Mr Avage said he withdrew from his business, sold his partnership and worked for the RFS as a casual employee for three months. Then came a battle to get fair rights for his workmates. "It's taken me and another casual employee two, to two-and-a-half years to fight them, for myself and 20 other casual volunteers who were employed on a casual contract to get what was entitled to us," he said. "Finally, we got everything we're entitled to, but it took me and one other to continually pursue the RFS. "I had been in a sizeable business and worked closely with unions and negotiated EBAs over many years in the construction industry, and I wouldn't take no for an answer. "Their answer is no ... deny, deny, deny." Mr Avage said there would be more damage done before senior figures at the RFS "take off their blinkers". "The dictatorial hypocrisy that NSWRFS has become will prevail unless volunteers continue to stand up to them," Mr Avage said. "The sooner they realise and remember that without volunteers they have no job, the better. "Unfortunately, I feel there is some damage to be done still before they take off their blinkers." Volunteer Fire Fighters Association president Jon Russell said Mr Avage was one of many RFS volunteers to have quit after being "treated appallingly": "Eighteen years of unpaid volunteer service has just walked away because of the ongoing appalling treatment of volunteers by the RFS hierarchy," Mr Russell said. Mr Russell said he had alerted Albury-based Greens MP Amanda Cohn to the reasons leading to Mr Avage's resignation. Dr Cohn in April questioned the then-RFS commissioner, Rob Rogers, at a NSW estimates committee hearing about an alleged "bullying culture" within the organisation. "Last estimates, we discussed the monitoring of bullying within the RFS," Dr Cohn said. "You were on record previously saying you didn't think there was a problem with bullying, but a problem with accountability." Mr Rogers replied: "As at 28 March, we have received 223 workplace complaints ... whilst I don't like complaints, I think it's a good sign that there are more complaints. "It makes people feel a level of confidence in reporting through it. I would expect that there'd be a level of surge. "They've come through different ways - a formal complaint form and a third-party hotline that we've set up where people can ring a different outside agency to report it. "We've been working through those complaints. The new system is there and it's working." The RFS told The Border Mail it had "zero tolerance" for bullying or harassment. An RFS spokesperson said the service "sincerely thanks former captain Avage for his many years of service to his community and the organisation". "We take all complaints of inappropriate behaviour seriously and are committed to ensuring every member feels safe, supported and respected," the spokesperson said "To support this, the service implemented a number of mechanisms ... which provided current and former members with access to an independent review of serious misconduct matters, and now has the Workplace Complaints Resolution Framework, which came into effect in July 2024. "The RFS is also committed to the wellbeing of its members. "In the years following the 2019-20 fire season, the most devastating in the state's history, the service significantly expanded its mental health and wellbeing support, introducing new programs and strengthening existing services." A firefighter who was awarded for bravery during the Black Summer fires and suffered ongoing health issues, has resigned from the NSW Rural Fire Service. Ian Avage, previously a Rural Fire Service captain and group captain at Splitters Creek, located in Albury NSW, cited bullying, double standards and a lack of support for volunteers as his reason for quitting. "I can no longer be a part of what is quite obviously a failing organisation," Mr Avage said in his resignation letter, seen by - ACM masthead -The Border Mail and quoted with his permission. Mr Avage, an 18-year volunteer firefighting veteran, was one of six Riverina volunteers, including fallen firefighter Samuel McPaul, recognised for bravery during a tornado-like fire at Green Hill in 2019. The deputy group captain at the time was checking on his crews when a fireball exploded, forcing his vehicle to roll on its side. Mr Avage left his RFS vehicle and ran through the horrifying conditions to take shelter in a nearby property before his vehicle exploded into flames. "A 28-year-old lost his life in a nearby vehicle on that day," Mr Avage said. "Five other firefighters were injured in varying degrees, including myself. "I smashed my way out of the car window. The RFS vehicle was fully engulfed with flames. "I was 60 seconds off being toast. "Some time later, as a result of that day, things spiralled, went south for me, and I've got no qualms in talking about that. "I went through a couple of years of pretty nasty PTSD and put my family and friends through absolute hell. "Luckily, I was supported by good family, friends and a couple of very good people within the local RFS office. "No support from NSWRFS though; once you are given a workers' compensation claim number, they wipe their hands of you. Their mental health program has been a dismal failure." Mr Avage said he withdrew from his business, sold his partnership and worked for the RFS as a casual employee for three months. Then came a battle to get fair rights for his workmates. "It's taken me and another casual employee two, to two-and-a-half years to fight them, for myself and 20 other casual volunteers who were employed on a casual contract to get what was entitled to us," he said. "Finally, we got everything we're entitled to, but it took me and one other to continually pursue the RFS. "I had been in a sizeable business and worked closely with unions and negotiated EBAs over many years in the construction industry, and I wouldn't take no for an answer. "Their answer is no ... deny, deny, deny." Mr Avage said there would be more damage done before senior figures at the RFS "take off their blinkers". "The dictatorial hypocrisy that NSWRFS has become will prevail unless volunteers continue to stand up to them," Mr Avage said. "The sooner they realise and remember that without volunteers they have no job, the better. "Unfortunately, I feel there is some damage to be done still before they take off their blinkers." Volunteer Fire Fighters Association president Jon Russell said Mr Avage was one of many RFS volunteers to have quit after being "treated appallingly": "Eighteen years of unpaid volunteer service has just walked away because of the ongoing appalling treatment of volunteers by the RFS hierarchy," Mr Russell said. Mr Russell said he had alerted Albury-based Greens MP Amanda Cohn to the reasons leading to Mr Avage's resignation. Dr Cohn in April questioned the then-RFS commissioner, Rob Rogers, at a NSW estimates committee hearing about an alleged "bullying culture" within the organisation. "Last estimates, we discussed the monitoring of bullying within the RFS," Dr Cohn said. "You were on record previously saying you didn't think there was a problem with bullying, but a problem with accountability." Mr Rogers replied: "As at 28 March, we have received 223 workplace complaints ... whilst I don't like complaints, I think it's a good sign that there are more complaints. "It makes people feel a level of confidence in reporting through it. I would expect that there'd be a level of surge. "They've come through different ways - a formal complaint form and a third-party hotline that we've set up where people can ring a different outside agency to report it. "We've been working through those complaints. The new system is there and it's working." The RFS told The Border Mail it had "zero tolerance" for bullying or harassment. An RFS spokesperson said the service "sincerely thanks former captain Avage for his many years of service to his community and the organisation". "We take all complaints of inappropriate behaviour seriously and are committed to ensuring every member feels safe, supported and respected," the spokesperson said "To support this, the service implemented a number of mechanisms ... which provided current and former members with access to an independent review of serious misconduct matters, and now has the Workplace Complaints Resolution Framework, which came into effect in July 2024. "The RFS is also committed to the wellbeing of its members. "In the years following the 2019-20 fire season, the most devastating in the state's history, the service significantly expanded its mental health and wellbeing support, introducing new programs and strengthening existing services." A firefighter who was awarded for bravery during the Black Summer fires and suffered ongoing health issues, has resigned from the NSW Rural Fire Service. Ian Avage, previously a Rural Fire Service captain and group captain at Splitters Creek, located in Albury NSW, cited bullying, double standards and a lack of support for volunteers as his reason for quitting. "I can no longer be a part of what is quite obviously a failing organisation," Mr Avage said in his resignation letter, seen by - ACM masthead -The Border Mail and quoted with his permission. Mr Avage, an 18-year volunteer firefighting veteran, was one of six Riverina volunteers, including fallen firefighter Samuel McPaul, recognised for bravery during a tornado-like fire at Green Hill in 2019. The deputy group captain at the time was checking on his crews when a fireball exploded, forcing his vehicle to roll on its side. Mr Avage left his RFS vehicle and ran through the horrifying conditions to take shelter in a nearby property before his vehicle exploded into flames. "A 28-year-old lost his life in a nearby vehicle on that day," Mr Avage said. "Five other firefighters were injured in varying degrees, including myself. "I smashed my way out of the car window. The RFS vehicle was fully engulfed with flames. "I was 60 seconds off being toast. "Some time later, as a result of that day, things spiralled, went south for me, and I've got no qualms in talking about that. "I went through a couple of years of pretty nasty PTSD and put my family and friends through absolute hell. "Luckily, I was supported by good family, friends and a couple of very good people within the local RFS office. "No support from NSWRFS though; once you are given a workers' compensation claim number, they wipe their hands of you. Their mental health program has been a dismal failure." Mr Avage said he withdrew from his business, sold his partnership and worked for the RFS as a casual employee for three months. Then came a battle to get fair rights for his workmates. "It's taken me and another casual employee two, to two-and-a-half years to fight them, for myself and 20 other casual volunteers who were employed on a casual contract to get what was entitled to us," he said. "Finally, we got everything we're entitled to, but it took me and one other to continually pursue the RFS. "I had been in a sizeable business and worked closely with unions and negotiated EBAs over many years in the construction industry, and I wouldn't take no for an answer. "Their answer is no ... deny, deny, deny." Mr Avage said there would be more damage done before senior figures at the RFS "take off their blinkers". "The dictatorial hypocrisy that NSWRFS has become will prevail unless volunteers continue to stand up to them," Mr Avage said. "The sooner they realise and remember that without volunteers they have no job, the better. "Unfortunately, I feel there is some damage to be done still before they take off their blinkers." Volunteer Fire Fighters Association president Jon Russell said Mr Avage was one of many RFS volunteers to have quit after being "treated appallingly": "Eighteen years of unpaid volunteer service has just walked away because of the ongoing appalling treatment of volunteers by the RFS hierarchy," Mr Russell said. Mr Russell said he had alerted Albury-based Greens MP Amanda Cohn to the reasons leading to Mr Avage's resignation. Dr Cohn in April questioned the then-RFS commissioner, Rob Rogers, at a NSW estimates committee hearing about an alleged "bullying culture" within the organisation. "Last estimates, we discussed the monitoring of bullying within the RFS," Dr Cohn said. "You were on record previously saying you didn't think there was a problem with bullying, but a problem with accountability." Mr Rogers replied: "As at 28 March, we have received 223 workplace complaints ... whilst I don't like complaints, I think it's a good sign that there are more complaints. "It makes people feel a level of confidence in reporting through it. I would expect that there'd be a level of surge. "They've come through different ways - a formal complaint form and a third-party hotline that we've set up where people can ring a different outside agency to report it. "We've been working through those complaints. The new system is there and it's working." The RFS told The Border Mail it had "zero tolerance" for bullying or harassment. An RFS spokesperson said the service "sincerely thanks former captain Avage for his many years of service to his community and the organisation". "We take all complaints of inappropriate behaviour seriously and are committed to ensuring every member feels safe, supported and respected," the spokesperson said "To support this, the service implemented a number of mechanisms ... which provided current and former members with access to an independent review of serious misconduct matters, and now has the Workplace Complaints Resolution Framework, which came into effect in July 2024. "The RFS is also committed to the wellbeing of its members. "In the years following the 2019-20 fire season, the most devastating in the state's history, the service significantly expanded its mental health and wellbeing support, introducing new programs and strengthening existing services."
The Advertiser
3 days ago
- The Advertiser
US firefighters' widows sue over 'tragic' plane crash
The widows of two American firefighters killed in a plane crash during Black Summer are suing the NSW Rural Fire Service for negligence, alleging the crew was deployed in conditions that were too dangerous for flying. Captain Ian McBeth, 45, first officer Paul Clyde Hudson, 42, and flight engineer Rick DeMorgan Jr, 43, were killed when their firefighting tanker crashed in southern NSW on January 23, 2020. The Lockheed Martin EC-130 LAT stalled at low altitude after dropping fire retardant, likely after a "sudden and significant" wind change, an inquest found in March 2024. The inquest heard the crew was tasked to a fireground at Adaminaby, in the NSW Snowy Mountains, just as the pilot of a different fire surveillance aircraft rejected a mission to fly because of the extreme conditions. The US crew could not drop retardant at the fireground due to low visibility, before they were deployed to different blaze nearby, known as the Good Good fire, which was burning in a mountain range. It was there that the crew did a partial drop, before the plane lost power and likely stalled. Captain McBeth's widow Bowdie McBeth and Mr Hudson's widow Noreen Hudson are seeking damages, suing both the NSW RFS and the aircraft operator Coulson Aviation. A statement of claim filed in the NSW Supreme Court alleges both organisations were negligent in exposing the crew to a foreseeable and significant risk of harm. The RFS and Coulson Aviation should have taken several precautions to protect the crew, including recognising "the forecast and weather conditions in the Snowy Mountains region were hazardous and unsafe for aircraft". The men should have also been informed that the pilot of the surveillance aircraft had rejected the task to fly due to the dangerous conditions, the document said. At the inquest the RFS conceded the crew could have been given more information, but the experienced airmen knew enough to make informed decisions about flying that day. During a brief Supreme Court hearing in late June, Justice Richard Cavanagh was told Ms McBeth and Ms Hudson were no longer represented by large compensation firm Shine Lawyers. The women engaged separate lawyers and were seeking to serve fresh expert reports more than two years after the case was first filed. Barrister Greg O'Mahoney, representing Coulson Aviation, said there was a long history of non-compliance with service orders in the case and a large volume of evidence available from the inquest. But Mr O'Mahoney and Nicholas Newton, the barrister representing the RFS, acknowledged the case would fall apart if the women's new lawyers were not allowed to serve the fresh reports. Justice Cavanagh granted leave for the families' legal teams to file new expert reports on liability by September. "(This is) obviously a tragic, difficult case ... a complex case," the judge said. He set down a 10-day hearing in June 2026. The widows of two American firefighters killed in a plane crash during Black Summer are suing the NSW Rural Fire Service for negligence, alleging the crew was deployed in conditions that were too dangerous for flying. Captain Ian McBeth, 45, first officer Paul Clyde Hudson, 42, and flight engineer Rick DeMorgan Jr, 43, were killed when their firefighting tanker crashed in southern NSW on January 23, 2020. The Lockheed Martin EC-130 LAT stalled at low altitude after dropping fire retardant, likely after a "sudden and significant" wind change, an inquest found in March 2024. The inquest heard the crew was tasked to a fireground at Adaminaby, in the NSW Snowy Mountains, just as the pilot of a different fire surveillance aircraft rejected a mission to fly because of the extreme conditions. The US crew could not drop retardant at the fireground due to low visibility, before they were deployed to different blaze nearby, known as the Good Good fire, which was burning in a mountain range. It was there that the crew did a partial drop, before the plane lost power and likely stalled. Captain McBeth's widow Bowdie McBeth and Mr Hudson's widow Noreen Hudson are seeking damages, suing both the NSW RFS and the aircraft operator Coulson Aviation. A statement of claim filed in the NSW Supreme Court alleges both organisations were negligent in exposing the crew to a foreseeable and significant risk of harm. The RFS and Coulson Aviation should have taken several precautions to protect the crew, including recognising "the forecast and weather conditions in the Snowy Mountains region were hazardous and unsafe for aircraft". The men should have also been informed that the pilot of the surveillance aircraft had rejected the task to fly due to the dangerous conditions, the document said. At the inquest the RFS conceded the crew could have been given more information, but the experienced airmen knew enough to make informed decisions about flying that day. During a brief Supreme Court hearing in late June, Justice Richard Cavanagh was told Ms McBeth and Ms Hudson were no longer represented by large compensation firm Shine Lawyers. The women engaged separate lawyers and were seeking to serve fresh expert reports more than two years after the case was first filed. Barrister Greg O'Mahoney, representing Coulson Aviation, said there was a long history of non-compliance with service orders in the case and a large volume of evidence available from the inquest. But Mr O'Mahoney and Nicholas Newton, the barrister representing the RFS, acknowledged the case would fall apart if the women's new lawyers were not allowed to serve the fresh reports. Justice Cavanagh granted leave for the families' legal teams to file new expert reports on liability by September. "(This is) obviously a tragic, difficult case ... a complex case," the judge said. He set down a 10-day hearing in June 2026. The widows of two American firefighters killed in a plane crash during Black Summer are suing the NSW Rural Fire Service for negligence, alleging the crew was deployed in conditions that were too dangerous for flying. Captain Ian McBeth, 45, first officer Paul Clyde Hudson, 42, and flight engineer Rick DeMorgan Jr, 43, were killed when their firefighting tanker crashed in southern NSW on January 23, 2020. The Lockheed Martin EC-130 LAT stalled at low altitude after dropping fire retardant, likely after a "sudden and significant" wind change, an inquest found in March 2024. The inquest heard the crew was tasked to a fireground at Adaminaby, in the NSW Snowy Mountains, just as the pilot of a different fire surveillance aircraft rejected a mission to fly because of the extreme conditions. The US crew could not drop retardant at the fireground due to low visibility, before they were deployed to different blaze nearby, known as the Good Good fire, which was burning in a mountain range. It was there that the crew did a partial drop, before the plane lost power and likely stalled. Captain McBeth's widow Bowdie McBeth and Mr Hudson's widow Noreen Hudson are seeking damages, suing both the NSW RFS and the aircraft operator Coulson Aviation. A statement of claim filed in the NSW Supreme Court alleges both organisations were negligent in exposing the crew to a foreseeable and significant risk of harm. The RFS and Coulson Aviation should have taken several precautions to protect the crew, including recognising "the forecast and weather conditions in the Snowy Mountains region were hazardous and unsafe for aircraft". The men should have also been informed that the pilot of the surveillance aircraft had rejected the task to fly due to the dangerous conditions, the document said. At the inquest the RFS conceded the crew could have been given more information, but the experienced airmen knew enough to make informed decisions about flying that day. During a brief Supreme Court hearing in late June, Justice Richard Cavanagh was told Ms McBeth and Ms Hudson were no longer represented by large compensation firm Shine Lawyers. The women engaged separate lawyers and were seeking to serve fresh expert reports more than two years after the case was first filed. Barrister Greg O'Mahoney, representing Coulson Aviation, said there was a long history of non-compliance with service orders in the case and a large volume of evidence available from the inquest. But Mr O'Mahoney and Nicholas Newton, the barrister representing the RFS, acknowledged the case would fall apart if the women's new lawyers were not allowed to serve the fresh reports. Justice Cavanagh granted leave for the families' legal teams to file new expert reports on liability by September. "(This is) obviously a tragic, difficult case ... a complex case," the judge said. He set down a 10-day hearing in June 2026. The widows of two American firefighters killed in a plane crash during Black Summer are suing the NSW Rural Fire Service for negligence, alleging the crew was deployed in conditions that were too dangerous for flying. Captain Ian McBeth, 45, first officer Paul Clyde Hudson, 42, and flight engineer Rick DeMorgan Jr, 43, were killed when their firefighting tanker crashed in southern NSW on January 23, 2020. The Lockheed Martin EC-130 LAT stalled at low altitude after dropping fire retardant, likely after a "sudden and significant" wind change, an inquest found in March 2024. The inquest heard the crew was tasked to a fireground at Adaminaby, in the NSW Snowy Mountains, just as the pilot of a different fire surveillance aircraft rejected a mission to fly because of the extreme conditions. The US crew could not drop retardant at the fireground due to low visibility, before they were deployed to different blaze nearby, known as the Good Good fire, which was burning in a mountain range. It was there that the crew did a partial drop, before the plane lost power and likely stalled. Captain McBeth's widow Bowdie McBeth and Mr Hudson's widow Noreen Hudson are seeking damages, suing both the NSW RFS and the aircraft operator Coulson Aviation. A statement of claim filed in the NSW Supreme Court alleges both organisations were negligent in exposing the crew to a foreseeable and significant risk of harm. The RFS and Coulson Aviation should have taken several precautions to protect the crew, including recognising "the forecast and weather conditions in the Snowy Mountains region were hazardous and unsafe for aircraft". The men should have also been informed that the pilot of the surveillance aircraft had rejected the task to fly due to the dangerous conditions, the document said. At the inquest the RFS conceded the crew could have been given more information, but the experienced airmen knew enough to make informed decisions about flying that day. During a brief Supreme Court hearing in late June, Justice Richard Cavanagh was told Ms McBeth and Ms Hudson were no longer represented by large compensation firm Shine Lawyers. The women engaged separate lawyers and were seeking to serve fresh expert reports more than two years after the case was first filed. Barrister Greg O'Mahoney, representing Coulson Aviation, said there was a long history of non-compliance with service orders in the case and a large volume of evidence available from the inquest. But Mr O'Mahoney and Nicholas Newton, the barrister representing the RFS, acknowledged the case would fall apart if the women's new lawyers were not allowed to serve the fresh reports. Justice Cavanagh granted leave for the families' legal teams to file new expert reports on liability by September. "(This is) obviously a tragic, difficult case ... a complex case," the judge said. He set down a 10-day hearing in June 2026.
West Australian
3 days ago
- West Australian
US firefighters' widows sue over 'tragic' plane crash
The widows of two American firefighters killed in a plane crash during Black Summer are suing the NSW Rural Fire Service for negligence, alleging the crew was deployed in conditions that were too dangerous for flying. Captain Ian McBeth, 45, first officer Paul Clyde Hudson, 42, and flight engineer Rick DeMorgan Jr, 43, were killed when their firefighting tanker crashed in southern NSW on January 23, 2020. The Lockheed Martin EC-130 LAT stalled at low altitude after dropping fire retardant, likely after a "sudden and significant" wind change, an inquest found in March 2024. The inquest heard the crew was tasked to a fireground at Adaminaby, in the NSW Snowy Mountains, just as the pilot of a different fire surveillance aircraft rejected a mission to fly because of the extreme conditions. The US crew could not drop retardant at the fireground due to low visibility, before they were deployed to different blaze nearby, known as the Good Good fire, which was burning in a mountain range. It was there that the crew did a partial drop, before the plane lost power and likely stalled. Captain McBeth's widow Bowdie McBeth and Mr Hudson's widow Noreen Hudson are seeking damages, suing both the NSW RFS and the aircraft operator Coulson Aviation. A statement of claim filed in the NSW Supreme Court alleges both organisations were negligent in exposing the crew to a foreseeable and significant risk of harm. The RFS and Coulson Aviation should have taken several precautions to protect the crew, including recognising "the forecast and weather conditions in the Snowy Mountains region were hazardous and unsafe for aircraft". The men should have also been informed that the pilot of the surveillance aircraft had rejected the task to fly due to the dangerous conditions, the document said. At the inquest the RFS conceded the crew could have been given more information, but the experienced airmen knew enough to make informed decisions about flying that day. During a brief Supreme Court hearing in late June, Justice Richard Cavanagh was told Ms McBeth and Ms Hudson were no longer represented by large compensation firm Shine Lawyers. The women engaged separate lawyers and were seeking to serve fresh expert reports more than two years after the case was first filed. Barrister Greg O'Mahoney, representing Coulson Aviation, said there was a long history of non-compliance with service orders in the case and a large volume of evidence available from the inquest. But Mr O'Mahoney and Nicholas Newton, the barrister representing the RFS, acknowledged the case would fall apart if the women's new lawyers were not allowed to serve the fresh reports. Justice Cavanagh granted leave for the families' legal teams to file new expert reports on liability by September. "(This is) obviously a tragic, difficult case ... a complex case," the judge said. He set down a 10-day hearing in June 2026.
