UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NORTH CAROLINA

CHARLOTTE DIVISION

KERRY TAYAG, INDIVIDUALLY AND Case No.

AS ADMINISTRATOR OF THE ESTATE
OF CHRISTOPHER TAYAG
Plaintiff, JURY TRIAL DEMANDED

v.
COMPLAINT
ROBINSON HELICOPTER COMPANY,
INCORPORATED
Serve: Tim A. Goetz, 2901 Airport Drive,
Torrance, CA 90505

Defendants.

COMES NOW the Plaintiff, Kerry Tayag, Individually and as Administrator of the Estate

of Chip Tayag, and for her Complaint, states as follows:

PARTIES AND JURISDICTION

1. Plaintiff Kerry Tayag is the wife of decedent, Christopher C. “Chip” Tayag. Kerry Tayag

is a citizen of the State of South Carolina and is the duly appointed administrator of the Estate of

Christopher Tayag.

2. Defendant Robinson Helicopter Company, Incorporated (hereinafter “Robinson

Helicopter Co.”) is a corporation organized and existing under the laws of the State of California,

with its principal place of business in the State of California. Robinson Helicopter Co. is in the

business of manufacturing, designing, and selling helicopters. Robinson Helicopter Co. has

several helicopter models, including the R22, R44, and R66.

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 3. At all times relevant hereto, Defendant Robinson Helicopter Co., was and is currently

engaged in the design, manufacture, testing, overhaul, inspection, assembly, advertising, sale,

promotion, and/or distribution of aircraft (helicopters) and their component parts, and

maintenance manuals, for ultimate sale and/or use in the State of North Carolina, and its activity

is substantial, purposeful, deliberate, and exploited the market of the State of North Carolina.

4. At all times relevant hereto, Defendant Robinson Helicopter Co., has sold, delivered,

and/or distributed its aircraft and component parts, and maintenance manuals, for ultimate sale

and/or use in the State of North Carolina, to be used by a foreseeable class of users.

5. At all times relevant hereto, Defendant Robinson Helicopter Co., initiated a flow of

commerce into the State of North Carolina by its knowing and intended distribution and use of

its aircraft, component parts, related products, maintenance manuals, and services within North

Carolina and/or the knowing use of the aircraft within the State of North Carolina.

6. At all times relevant hereto, Defendant Robinson Helicopter Co. had its helicopters,

including Robinson Helicopter Co. R44 helicopter, FAA Registration No. N7094J and the R44

Maintenance Manual used within the State of North Carolina in the ordinary course of trade.

7. At all times relevant hereto, Defendant Robinson Helicopter Co., was acting by and

through its agents, servants, and/or employees, each of whom were acting within the course and

scope of their employment with Defendant Robinson Helicopter Co.

8. At all times relevant, it was foreseeable to Defendant Robinson Helicopter Co. that its

helicopters, services, and maintenance manuals would be used in the State of North Carolina.

9. Plaintiff Kerry Tayag brings her Complaint under federal diversity jurisdiction, 28 U.S.C.

1332, as the parties are completely diverse in citizenship and the amount in controversy exceeds

$75,000.

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 10. This action arises out of the catastrophic failure and crash of Defendant Robinson

Helicopter Co. R44 helicopter, FAA Registration No. N7094J on November 22, 2022, killing

Chip Tayag, decedent. Venue is proper under 28 U.S.C. § 1391 as a substantial part of the events

giving rise to the claim occurred in Mecklenburg County, North Carolina.

COMMON ALLEGATIONS OF FACT

The Accident

11. On November 22, 2022, Chip Tayag, decedent, was piloting Robinson R44 helicopter

N7094J in Charlotte, North Carolina with WBTV meteorologist Jason Meyers on board in order

to provide video training to Mr. Meyers over a simulated news scene.

12. Approximately five minutes into the flight, the helicopter began series of 360 degree

turns over I-77 when during the third turn, it entered a steep and sudden descent.

13. Chip Tayag prevented the helicopter from crashing onto I-77 but the helicopter ultimately

crashed on the southbound side of I-77 between Tyvola Road and Nations Ford Road.

14. The crash caused Chip Tayag’s death. His cause of death was multiple blunt force

injuries.

15. Robinson Helicopter Co. is the manufacturer of the subject R44 helicopter, N7094J.

16. An overhaul of Robinson R44 helicopter N7094J was completed on or about August 15,

2019 and delivered back to Metro Networks Communications Inc., the registered owner of the

aircraft.

17. After the crash, a wreckage examination of the helicopter’s flight controls revealed that

the left control rod end that should have been connected to the stationary swashplate on the main

rotor was disconnected. The connecting hardware was missing from the wreckage.

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 18. The connecting hardware that was missing upon examination of the flight post-crash

included a threaded bolt, nut, palnut, two washers, and two-hat shaped spacers.

19. The failure of the connecting hardware and critical fasteners – including the nuts—caused

the Robinson R44 helicopter N7094J to become uncontrollable, and caused the crash.

Robinson’s Knowledge of Critical Fastener Failures

20. Since at least 2003, Robinson Helicopter Co. has been aware that its critical fasteners,

including its nuts and bolts, are subject to a process called hydrogen embrittlement that can cause

metals to undergo corrosion and crack. This causes the critical fastener to detach and renders the

aircraft uncontrollable.

21. As early as 2007, upon information and belief, Robinson Helicopter Co. Maintenance

Manuals stated that “A critical fastener is one which, if removed or lost, would jeopardize safe

operation of the helicopter. This includes joints in the primary control system, and non-fail-safe

structural joints in the airframe, landing gear, and drive system.”

22. By at least 2011, Robinson Helicopter Co. became aware that the locking nuts used on its

helicopters, part number MS21042L-series nuts, were prone to cracking due likely, in part, to

hydrogen embrittlement.

23. On February 4, 2011, a Robinson Helicopter Co. R44 helicopter crashed in New South

Wales, Australia after a flight control fastener had detached, rendering the aircraft

uncontrollable. During the course of the investigation, it was noted that three cracked self-

locking nuts from Robinson R22 helicopters of the same specification had cracked due to

hydrogen embrittlement. On information and belief, Robinson Helicopter Co. was aware of this

crash and of the cracked self-locking nuts.

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 24. On August 18, 2011, Robinson Helicopter Co. issued a series of Service Letters (R22 SL-

58, R44 SL-38, R66 SL-01) due to two reports of cracked MS2104L4 self-locking nuts. The

Service Letters stated only that that “a possible cause for cracking nuts is hydrogen

embrittlement, which can be introduced during hardware manufacturing.” The Service Letter

stated that “cracked or corroded nuts require replacement.”

25. A Service Letter issued by a manufacturer such as Robinson Helicopter Co. does not

mandate action on the part of an owner, operator, mechanic, or pilot.

26. Robinson Helicopter Co. Service Letters SL-58, SL-38, and SL-01 did not address the

criticality of failure of the self-locking nuts.

27. Robinson Helicopter Co. Service Letters SL-58, SL-38, and SL-01 did not state what nuts

should replace the cracked or corroded nuts.

28. On October 12, 2011, the Australian Transportation Safety Bureau (“ATSB”) issued an

Airworthiness Bulletin finding certain Robinson Helicopter Co. R44 main rotor blade

MS21042L-series nuts were cracked due to hydrogen-induced cracking. The ATSB stated that

the failures of the nuts would cause serious secondary effects. On information and belief,

Robinson Helicopter Co. was aware of the ATSB’s Airworthiness Bulletin.

29. On December 11, 2011, the Civil Aviation Authority of New Zealand issued an

airworthiness notice due to numerous reports of the MS21042L-series nuts’ failures due to

hydrogen embrittlement. On information and belief, Robinson Helicopter Co. was aware of the

Civil Aviation Authority of New Zealand’s Airworthiness Notice.

30. On October 28, 2013, the European Union Aviation Safety Agency issued a Safety

Information Bulletin due to numerous reports of fracture of MS21042L-series nuts failure due to

hydrogen embrittlement, noting that several manufacturers were involved, and referencing

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Robinson Helicopter Co. Service Letters SL-58, SL-38, SL-01. On information and belief,

Robinson Helicopter Co. was aware of the European Union Aviation Safety Agency’s Safety

Information Bulletin.

31. On October 13, 2014, Robinson Helicopter Co. issued a series of Service Letters once

again addressing the MS21042L-series nuts in R22 SL-64, R44 SL-50, and R66 SL-09. The

Service Letters once again stated that the MS21042L-series nuts were susceptible to cracking,

and that when maintenance involves disassembly of a critical fastener, the fastener should be

reassembled using a D210-series nut.

32. Robinson Helicopter Co. Service Letters SL-64, SL-50, and SL-09 did not address the

criticality of failure of the self-locking nuts.

33. Robinson Helicopter Co. Service Letters SL-64, SL-50, and SL-09 did not provide the

critical information that the D210-series nuts were corrosion-resistant.

34. On or about October 2014, Robinson Helicopter Co. amended the R22 Maintenance

Manual to instruct that Robinson Helicopter Co.-supplied MS21042L-series nuts be replaced

with D210-series nuts. Specifically, Robinson Helicopter Co. stated that “D210-series nuts,

which supersede MS21042L-series and NAS1291-series nuts, are required on critical fasteners.”

The R44 Maintenance Manual was not amended to add this caution, instruction, and/or warning.

35. On information and belief, in 2015, the R66 Illustrated Parts Catalog was modified to

incorporate the D210-series nut. The R44 Maintenance Manual was not amended to incorporate

the D210-series nut.

36. On information and belief, the R22 Illustrated Parts Catalog was modified to incorporate

the D210-series nut on or about February 2017. The R44 Maintenance Manual was not amended

to incorporate the D210-series nut.

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 37. On or about October 2018, Robinson Helicopter Co. added a section to the

R22Maintenance Manual entitled “D210-series Nuts on Critical Fasteners.” The section

specifically stated that when performing disassembly of a critical fastener, the fastener must be

assembled using a D210-series nut and that MS21042L-series nuts must be replaced with the

D210-series nuts. The R44 Maintenance Manual was not amended to add this caution,

instruction, and/or warning.

38. On March 28, 2019, the ATSB issued a Safety Advisory Notice that D210-series resistant

nuts be used for reassembly of critical fasteners on Robinson Helicopter Co. aircraft. The Safety

Advisory Notice was issued in response to an August 2, 2017 Robinson Helicopter Co. R22

crash in Queensland, Australia. In the course of interviewing mechanics, the ATSB noted a low

level of awareness of the need to replace those MS21042L-series nuts susceptible to cracking

from hydrogen embrittlement with the safer D-210 series nuts when critical fasteners are

reassembled. Instead, the industry practice of “re-using self-locking nuts” remained. On

information and belief, Robinson Helicopter Co. was aware of the ATSB’s Safety Advisory

Notice concerning critical fasteners.

39. On information and belief, prior to August 2019, Robinson Helicopter Co. added a

section to the R66 Maintenance Manual entitled “D210-series Nuts on Critical Fasteners.” This

section specifically stated that when performing disassembly of a critical fastener, the fastener

must be assembled using a D210-series nut and that MS21042L-series nuts must be replaced

with the D210-series nuts. The R44 Maintenance Manual was not amended to add this caution,

instruction, and/or warning.

40. On information and belief, the R44 Maintenance Manual was not amended to include the

section “D210-series Nuts on Critical Fasteners” until December 2021 in Section 23-35. The

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section specifically stated that when performing disassembly of a critical fastener, the fastener

must be assembled using a D210-series nut and that MS21042L-series nuts must be replaced

with the D210-series nuts.

41. On information and belief, the R44 Maintenance Manual was not amended to include the

warning that D210-series nuts supersede MS21042L-series nuts and were required on critical

fasteners until September 2023 in Section 23-30.

42. At all times relevant, including 2019 to the present day, the R44 Illustrated Parts Catalog

has never been modified to incorporate the D210 series nuts, and instead still utilizes the

MS21042L-series nuts.

43. When the subject aircraft, Robinson R44 helicopter N7094J, completed overhaul on

August 15, 2019, the R44 Illustrated Parts Catalog utilized the MS21042L-series nuts.

COUNT ONE
NEGLIGENCE OF ROBINSON HELICOPTER CO.

44. Plaintiff realleges and reavers the preceding paragraphs as is fully referenced herein.

45. At all times relevant, Defendant Robinson Helicopter Co. designed, manufactured,

assembled, supplied, distributed, directed and provided supplies for the overhaul, and/or sold

Robinson Helicopter Co. R44 N7094J and the component parts used therein the course of its

business, including but not limited to its R44 Maintenance Manual and R44 Illustrated Parts

Catalog.

46. Defendant Robinson Helicopter Co. held itself out as an entity that could carefully and

competently design, manufacture, select materials for, design maintenance programs and

manuals for, inspect, supply, distribute, and sell rotorcraft and component parts.

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 47. Defendant Robinson Helicopter Co. had a duty to use the degree of care that an ordinarily

careful and prudent designer, manufacturer, seller, and developer of helicopters and component

parts, and developer of maintenance manuals would use under the same or similar circumstances.

48. Defendant Robinson Helicopter Co. knew or by using ordinary care should have known

of the potential of such dangerous conditions as was created by its failure to properly design,

manufacture, and sell safe helicopters and its component parts, and by its failure to design,

revise, and/or appropriately update its maintenance manual.

49. At all times relevant, Defendant Robinson Helicopter Co. failed to use the reasonable

care that a reasonably careful designer, manufacturer, seller, importer, distributor, and/or supplier

would use under like circumstances.

50. At all times relevant, Robinson Helicopter Co. R44 N7094J was being operated and

maintained in a manner that was reasonably foreseeable.

51. At all times relevant, Robinson Helicopter Co. introduced Robinson Helicopter Co. R44

N7094J into the stream of commerce when it was defective in nature, and each defect was of

such a nature that the defects would not be discovered in normal inspection and operation by

users.

52. At all times relevant, Robinson Helicopter Co. introduced the R44 Maintenance Manual

into the stream of commerce when it was defective in nature, and each defect was of such a

nature that the defects would not be discovered in normal inspection and operation by users.

53. Defendant Robinson Helicopter Co. was negligent in at least the following ways,

including:

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 A. Selecting, manufacturing, and supplying an unsafe helicopter, and selecting,

manufacturing, and supplying knowingly unsafe critical components for use in

its R44 helicopters, including R44 N7094J;

B. Failing, for over ten years, to revise the R44 Maintenance Manual to include

directives, warnings, and replacement guides regarding the MS21042L-series

nuts despite knowing their defective, fatal nature;

C. Placing R44 N7094J into the stream of commerce in a defective condition;

D. Failing to take appropriate measures to eliminate or reduce the risk of

dangerously or defectively designed or manufactured parts;

E. Failing to take appropriate measures to eliminate or reduce the risk of a

dangerously or defectively produced maintenance manual;

F. Failing to provide a proper and adequate maintenance manual for its

helicopters;

G. Supplying and selling an unairworthy helicopter;

H. And in other and further ways that will be discovered.

54. As a direct and proximate result of the negligence of Defendant Robinson Helicopter Co.,

R44 N7094J crashed and killed Chip Tayag, Chip Tayag suffered preimpact fright and suffering,

and the Estate of Chip Tayag has suffered loss of earnings from Chip Tayag; loss of prospective

net accumulations from the date of Chip Tayag’s death on November 22, 2022; and funeral

expenses, for which the Estate of Chip Tayag demands relief.

55. As a direct and proximate result of the negligence of Defendant Robinson Helicopter Co.

that caused the death of her husband, Chip Tayag, Plaintiff Kerry Tayag has suffered past,

Case 3:24-cv-01023 Document 1 Filed 11/21/24 Page 10 of 15

present, and future lost support and services, companionship, protection, and mental pain and

suffering, for which she demands relief.

COUNT TWO
BREACH OF WARRANTY

56. Plaintiff realleges and reavers the preceding paragraphs as is fully referenced herein.

57. At all times relevant, Defendant Robinson Helicopter Co. designed, manufactured,

assembled, supplied, distributed, directed and provided supplies for the overhaul, and/or sold

Robinson Helicopter Co. R44 N7094J and the component parts used therein the course of its

business, including but not limited to its R44 Maintenance Manual and R44 Illustrated Parts

Catalog.

58. Defendant Robinson Helicopter Co. held itself out as an entity that could carefully and

competently design, manufacture, select materials for, design maintenance programs and

manuals for, inspect, supply, distribute, and sell rotorcraft and component parts.

59. The subject helicopter R44 N7094J was used in a manner that was reasonably foreseeable

by Chip Tayag, decedent.

60. The Robinson Helicopter Co. R44 Maintenance Manual was used in a manner that was

reasonably foreseeable by Chip Tayag, decedent.

61. The helicopter and the maintenance manual were then in a defective condition,

unreasonably dangerous when put to their reasonably anticipated uses for reasons, including, but

not limited to the following:

A. Selecting, manufacturing, and supplying an unsafe helicopter, and selecting,

manufacturing, and supplying knowingly unsafe critical components for use in

its R44 helicopters, including R44 N7094J;

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 B. Failing, for over ten years, to revise the R44 Maintenance Manual to include

directives, warnings, and replacement guides regarding the MS21042L-series

nuts despite knowing their defective, fatal nature;

C. Placing R44 N7094J into the stream of commerce in a defective condition;

D. Failing to take appropriate measures to eliminate or reduce the risk of

dangerously or defectively designed or manufactured parts;

E. Failing to take appropriate measures to eliminate or reduce the risk of a

dangerously or defectively produced maintenance manual;

F. Failing to provide a proper and adequate maintenance manual for its

helicopters;

G. Supplying and selling an unairworthy helicopter;

H. And other and further ways that will be discovered.

62. At all times relevant, Defendant Robinson Helicopter Co. failed to use the reasonable

care that a careful designer, manufacturer, seller, importer, distributor, and/or supplier would use

under like circumstances.

63. As a direct and proximate result of the breach of warranty of Defendant Robinson

Helicopter Co., R44 N7094J crashed and killed Chip Tayag, Chip Tayag suffered preimpact

fright and suffering, and the Estate of Chip Tayag has suffered loss of earnings from Chip Tayag;

loss of prospective net accumulations from the date of Chip Tayag’s death on November 22,

2022; and funeral expenses, for which the Estate of Chip Tayag demands relief.

64. As a direct and proximate result of the breach of warranty of Defendant Robinson

Helicopter Co. that caused the death of her husband, Chip Tayag, Plaintiff Kerry Tayag has

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suffered past, present, and future lost support and services, companionship, protection, and

mental pain and suffering, for which she demands relief.

COUNT THREE
PUNITIVE DAMAGES

65. Plaintiff realleges and reavers the preceding paragraphs as is fully referenced herein.

66. At all times relevant, Defendant Robinson Helicopter Co. engaged in willful, wanton,

conduct, with a complete and total disregard and gross indifference to the rights and welfare of

the users, operators, passengers, and pilots of its R44 helicopters, including of Chip Tayag.

67. At all times relevant, Defendant Robinson Helicopter Co. knowingly failed to warn the

users, operators, passengers, and pilots of its R44 helicopters, including of Chip Tayag of critical

information related to their safety for over ten years.

68. As a direct, foreseeable, and proximate result of the gross indifference and conscious and

reckless disregard to the welfare and life of Chip Tayag by Defendant Robinson Helicopter Co.,

Chip Tayag endured unnecessary pain, preimpact fright, suffering, and death; the Estate of Chip

Tayag suffered loss of earnings from Chip Tayag; loss of prospective net accumulations from the

date of Chip Tayag’s death on November 22, 2022; and funeral expenses; and Kerry Tayag

suffered past, present, and future lost support and services, companionship, protection, and

mental pain and suffering, for which she demands relief.

WRONGFUL DEATH DAMAGES

69. Plaintiff realleges and reavers the preceding paragraphs as is fully referenced herein.

70. As a direct and proximate result of the above-described negligence and breaches, and the

ensuing death and injury of Chip Tayag, his next of kin has been deprived of services, protection,

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care and assistance, together with society, companionship, comfort, guidance, kindly offices and

advice.

71. This action is brought pursuant to the Wrongful Death Act of North Carolina and other

applicable North Carolina laws in effect on the date of death of Chip Tayag, and this action is for

all damages resulting from the unlawful and wrongful death of Chip Tayag, as herein above

alleged and set forth in in the Wrongful Death Act, the terms and provisions of which are

incorporated herein by reference as though fully set out herein and which include the following:

A. Compensation for pain and suffering of the deceased;

B. The present monetary value of the decedent to the persons entitled to receive

the damages recovered, including, but not limited to, compensation for the

loss of the reasonably expected

i. Net income of the deceased;

ii. Services, protection, care and assistance of the deceased, whether

voluntary or obligatory to the persons entitled to the damages

recovered, and

iii. Society, companionship, comfort, guidance, kindly offices, and advise

of the decedent to the persons entitled to the damages recovered.

C. Medical, funeral, and other expenses incident to and resulting from the

injuries an death of the decedents.

D. Such punitive damages as allowable by law.

72. At the time of his death, Chip Tayag was fifty-seven years old and survived by his wife,

Kerry Tayag.

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 WHEREFORE, Plaintiff respectfully prays for compensatory damages in excess of

$75,000.00; costs and attorneys’ fees as allowed by law; and other and such relief that this Court

deems just and proper. Plaintiff demand a jury trial in this matter.

Respectfully submitted this the 21st day of November, 2024.

PANGIA LAW GROUP

/s/ Amanda C. Dure

Amanda C. Dure
N.C. Bar No. 48710
1717 N Street NW, Suite 400
Washington, D.C. 20036
adure@pangialaw.com
P: (202) 955-6153

Joseph L. Anderson
N.C. Bar No. 19533
1862 Lake Point Drive
Winston-Salem, NC 27103
janderson@pangialaw.com
P: (336) 414-7958

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