Widower whose wife died in plane crash in Clearwater files wrongful death lawsuit

It's been nearly seven months since a small plane crashed into the Bayside Waters mobile home park in Clearwater, killing the pilot and two women on the ground, but the legal fallout is just beginning.

Robert “Bobby” Dixon, whose wife, Mary Ellen Pender, was killed along with a friend who was visiting them that day, has filed a wrongful death lawsuit against the plane's owner. A lawyer representing the estate of Martha Parry, Pender's girlfriend, told the Tampa Bay Times this week that they plan to do the same.

The lawyers said they had to file the lawsuits in part because the plane owner's liability insurance policy had a $1 million limit. That's not enough to compensate their own clients for their losses, let alone the two estates and several other parties seeking compensation in connection with the crash, the lawyers said.

“So we are in the position of having to file a lawsuit to try to determine what assets, if any, might be available to recover full compensation for Mr. Dixon, and also to determine if and what maintenance or repair issues might have led to the crash,” said Marc Matthews, Dixon's attorney.

Jemin Patel, 54, was flying a single-engine Beechcraft V35B on February 1 when it crashed in Bayside Waters. It crashed into a house at 2647 Pagoda Drive that Parry was renting, starting a fire that destroyed the plane and almost the entire house. Patel, Parry, 86, and Pender, 55, all died at the scene.

The National Transportation Safety Board is investigating the crash. According to a preliminary report from the safety board in March, Patel took off from Vero Beach Municipal Airport at 6:09 p.m., bound for Clearwater Airpark, a city-owned facility at 1000 Hercules Ave. The report notes that it was a clear night with visibility of about 10 miles.

Patel said on the radio that he could not see the airport's runway lights, although witnesses said the lights were on. Patel also reported a fire before his last transmission at 7:06 p.m., federal investigators said.

A pilot flying nearby reported seeing the plane nose down in a 30- to 40-degree descent, which he described as an “uncontrolled descent.” He added that during the descent he saw a “very bright light” heading very quickly toward impact.

Matthews filed Dixon's lawsuit on July 3 against Control Data, Inc. The Brevard County-based company was the registered owner of the plane at the time of the crash, according to the complaint and state records.

Patel is also listed as a defendant. The complaint states that Patel was believed to be “an employee, agent or apparent agent” of Control Data and was acting in the course of his employment at the time of the accident.

Dixon's lawsuit alleges that Patel and Control Data “failed to safely maintain and operate the aircraft, thereby causing the crash.” Dixon is seeking more than $50,000 in damages.

An annual report filed with the Florida Division of Corporations in January listed Patel as a registered agent and officer/director of Control Data. In an updated report this month, Patel was replaced by a new registered agent, Melbourne attorney J. Mason Williams IV. Matthews filed an amended complaint last week listing Williams as a defendant.

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Williams said through a spokesman that he did not have permission from his client to comment on the case.

The same day Matthews filed the lawsuit for Pender's estate, the company that had insured the plane, Starr Indemnity and Liability Company, filed a lawsuit saying that Control Data's insurance policy had a liability limit of one million dollars for bodily injury and property damage and that that amount was “insufficient to pay all existing claims.” The lawsuit, known as an interpleader suit, asked the court to help decide how the money should be distributed.

According to the filing, Dixon and Parry's heirs are each seeking $1 million in wrongful death damages. More than a dozen other parties are seeking damages for property damage or personal injury, some for specific amounts, others for amounts yet to be determined, the filing says. As a result, Starr does not know which of these parties the company “can safely pay damages to,” the filing says.

Attorneys listed for Start Indemnity and Liability Company did not respond to emails and voicemail messages seeking comment.

Erin Applebaum, an attorney representing Parry's estate, said she expects the Starr Indemnity and Liability case to go to arbitration to determine how the insurance payout will be divided. Applebaum said general aviation pilots and their planes are often underinsured, so in some cases there is not enough money to adequately compensate the parties for death, injury and property damage.

“We recognize that this is another wrongful death claim, and we also have compassion for this family, so we intend to work with the arbitrator and make sure that everyone gets a fair result,” Applebaum said. “And the only unfair thing here is the fact that the insurance pot is so small.”

Applebaum said her company is currently investigating the cause of the crash.

“We want to find out why the plane caught fire,” Applebaum said. “Was there a maintenance issue that caused it? Why didn't Mr. Patel see the airport? Was there a municipal issue that the airfield should have been better lit? Those are the things we're looking into to see if there's another source for recovery.”

The Tampa Bay Times reported in March that Clearwater Airpark was unusually dark and difficult to find at night in a sea of ​​city lights. Like many general aviation airports, the runway lights are off until approaching pilots activate them by pressing the button that speaks to them over the radio frequency. According to the video, Clearwater officials discussed installing a beacon as early as 2017. of town meetings. Four years ago, a consultant recommended holding such a meeting before the end of 2020. It has not happened.

Starr's motion states that Citizens Property Insurance is making property damage claims on behalf of at least three parties: Mike and Katherine Blunier for $108,157.50, Sarah Mallie-Gerichs and Robert Gerichs for $69,000, and Joe and Nancy Miller for $51,200.

The filing does not provide details of the individual claims.

Mike Blunier said his wife, Katherine, was one of three siblings who owned the house and property together at the time of the accident, and Sarah Mallie-Gerichs and Robert Gerichs were the other two siblings. He said the house was a total loss and he and his wife filed a claim for damages through Citizens. They are now the sole owners of the property and plan to build another home there.

Blunier said he and his wife knew Parry, but not Pender.

“We have lost everything, but only material goods. And the people who lost their lives are the tragic part of the whole thing. We feel sincere sympathy for their families,” said Mike Blunier.

Efforts to reach Sarah Mallie-Gerichs and Robert Gerichs were unsuccessful.

Nancy Miller declined to comment for this article. On the night of the accident, her husband, Joe, told the Times he had just fallen asleep in the couple's home when he heard an “unbelievable roar” and was thrown to the ground, covered in insulation and glass.

“The roof blew off and I don't know what's left inside,” Joe Miller said at the time. “All I know is that I'm lucky to be here.”

A recent photo of the crash site obtained by The Times shows a vacant lot where the Millers' home once stood.