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Relative of copter crash victim sues pilot, family, aviation firm


Two people died in the Oct. 14 crash.

<span class="mugshot">CRASH VICTIMS<br></span><b>Darci Scraper and Mark Mahaney:</b> Scraper was a passenger in a helicopter flown by Mahaney. Federal investigators say it will be several months before a probable-cause report is complete.
CRASH VICTIMS
Darci Scraper and Mark Mahaney: Scraper was a passenger in a helicopter flown by Mahaney. Federal investigators say it will be several months before a probable-cause report is complete.

By MATT BARNARD World Staff Writer


TAHLEQUAH — A relative of a woman who died in a Tahlequah helicopter crash has filed a wrongful death lawsuit against the pilot and his family, according to court records.



Darci Scraper's mother, Juanita Scraper, filed the lawsuit Friday in Cherokee County District Court.

She alleges that pilot Mark Mahaney, 26, flew negligently before the helicopter plummeted to the ground about a mile outside Tahlequah on Oct. 14.

Darci Scraper, 20, and Mahaney died in the crash.

The lawsuit names Mahaney; his parents, James Mahaney and Rene Rozell; the estate of Trevor Noble, a deceased man who reportedly owned the aircraft; and Robinson Helicopter Co., a California aviation business.

Mahaney took off from a private home about 5 a.m., and the helicopter crashed shortly after liftoff, authorities said.

Juanita Scraper's attorney, Garvin Isaacs, would not comment on the case but provided records to the Tulsa World that detail the allegations.

Scraper is seeking more than $10,000 from the defendants, whom the suit accuses of wrongful death, negligent entrustment, product liability and breach of warranty, court records indicate.

In the lawsuit, Scraper alleges that Mahaney's parents gave him access to the helicopter despite his "careless, reckless, and incompetent" flying.

Scraper also named several of the aircraft's previous owners, who are unidentified and referred to as "John Doe," asserting that the 2007 Robinson R22 Beta was defective
and negligently designed.

The aircraft crashed near a small stream about a mile west of Tahlequah near Mud Valley Road.

Authorities didn't discover the wreckage until two days later.

Federal investigators are still trying to determine what led to the accident and say it will be several months before a probable-cause report is complete.

Mahaney had several brushes with the law going back to at least 2000, including pending charges of drunken driving and public intoxication.

He received his helicopter pilot's license July 31.


Matt Barnard 581-8408
matt.barnard@tulsaworld.com

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Some reader comments for this page were copied from "Wrongful death lawsuit filed in Tahlequah helicopter crash," which was published on 11/5/2009.

Comments
VR, Tulsa (10 months ago)
That makes no sense. She wasn't forced to get in that helicopter. I can understand their grief, but.....
honky donkey, (10 months ago)
The lawyers are coming, the lawyers are coming....
Jolie2, (10 months ago)
Perhaps she was unaware that Mahaney had a suspended driver's license and should not have been flying the helicopter because of open DUI arrest that year. Perhaps blood toxicology tests came back and showed that Mahaney was FUI or FWI.

Read all the comments made on the previous articles on this subject and you might understand the motivations for filing these lawsuits, VR.

Mahaney had quite a history.
FIREHAWK, Tulsa (10 months ago)
It’s all about the Benjamin’s..sort of like suing McDonalds because the coffee that you spilled was hot. Was it Shakespeare that said…”first kill all the lawyers?”
my view, Sand Springs (10 months ago)
Who among us didn't see this coming?
nuffsaid, Tulsa (10 months ago)
You could see this coming a mile away. While you're at it why don't you sue the airport, control tower, wind sock, air speed cups and the birds that were flying in the air space at the time.
Alaska_Okie, Bixby, OK (10 months ago)
Everyone hates the lawyers until they need one.
Jolie2, (10 months ago)
Did you also consider that this was a way to formally expose the political connections of the Mahaney and Rozell families that helped Mark Mahaney to avoid facing the consequences of his actions over the years? Many members of the Tahlequah community have expressed anger at how this boy was 'protected' to the detriment of public safety within the community.
Lance-a-lot, Tulsa (10 months ago)
What a minute Jolie2...are you saying a relative of a politician had a history of drug and/or alcohol abuse? Say it isn't so! LOL.
007, Tulsa (10 months ago)
now tell me who didn't see this coming..
Tulsa Kayaker, Tulsa (10 months ago)
Please teach your daughters about D-bags. This guy sounds like a complete tool.

Hey, want to ride in my chopper? Come on, I'm really good at it. I swear. What, you think we are gonna crash? Pish.

Always sad when they take someone with them.
SS_Hippy, Tulsa (10 months ago)
Jolie2
don't you expect Grampa to settle out of court?
cowboytimothy, (10 months ago)
The pilot's family enabed this young man to hover over Tahlequah at all hours of the night and day, a luxury he wouldn't have had had not the family financied the expensive all night adventures. I'm not a big fan of lawsuits myself, but when I feel I've been wronged, thank goodness I have the right to retain one.
Corvetteguy, Tulsa (10 months ago)
This always happens.

The personal injury attorneys could smell cash when this sad story first broken in the news. Just like sharks with blood in the water.

Then sadly,...the family also got the scent of cash...
DaBirdman, (10 months ago)
Ya'all...listen to Jolie2, check the previous info.

At any rate, my condonlences to the families and friends.
jess, (10 months ago)
The Shakespeare quote "first, kill all the lawyers" was NOT a derogatory comment directed toward lawyers. Read the play!
DBJohn, Tulsa (10 months ago)
I am against frivolous law suits and I can understand those comments regarding stating they could see this coming. I believe that they should have waited until the investigation was completed and then decide about any civil legal actions.

If it is found that the crash was due to either a problem with the helicopter and of the pilot, then definitely seek civil action. It shouldn't be based of the pilot's past history. If I was a betting man, I would but my money on that they did.
hootie, Tulsa (10 months ago)
Totally agree DBJohn!
iflyfast, At an airport somewhere in the Tulsa area (10 months ago)
Most of this is frivolous. Fine, sue Mahaney's estate. But come on. The estate of a guy that has been dead for 2 years, the manufacturer, and five "John Does"? Ridiculous.
Youngin_07, (10 months ago)
Cherokee1 she was 20 years old.. Mothers approval was not needed.
flyingtheo, Broken Arrow (10 months ago)
Good post honky donkey! I'm still laughing
Cooldaddy, Broken Arrow (10 months ago)
Wrongful death? Was she forced to get in the chopper?
Ric, Broken Arrow (10 months ago)
Once the press got wind of the crash they began slamming this guy left and right. I didn't know him nor his pastimes but that just didn't seem right...?
007, Tulsa (10 months ago)
James Mahaney was a spoiled brat whose grandfather got him out of all sorts of trouble, john kennedy jr's sister caroline had to settle with john jr's inlaws when they lost both their daughters due to john jr's inability to fly at night.
Ignatz, A nice place where Democrats hold every office in the County. (10 months ago)
Being forced into the copter certainly isn't the issue. If the driver/pilot error is what kills your loved one they sure didn't ask for that to happen. Suing everyone under the sun is usually done to preserve time filing rights set by State law. Non-liable defendenats are then dismissed. As to the idiotic comment about the MacDonald's coffee case (20 years ago and millions of cases filed later) google it and you'll understand the truth. Shakespeare's reference to killing lawyers was made to permit the powerful to have their way with common folk unimpeded by lawyers protecting them. If this had been my daughter I would sued also.
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