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Family files lawsuit one year after fatal plane crash

A family that lost their home after a plane crash is now suing the plane's owner and its property insurance company. The owner's attorney claims several protocols were not followed before the crash. On July 18, 2023, Randolph Sherman had just taken off from Santa Fe Regional Airport, and about a minute into the flight, he ran into trouble. Sherman radioed air traffic control that one of his two engines had failed, and according to the new lawsuit, Sherman made a fatal error. “The pilot should have flown straight after one engine lost power and used the remaining engine to gain altitude,” said Brian Egolf, an attorney representing the Benavidez family. According to Egolf, that would have given Sherman more time to consult with air traffic control about landing the plane safely. Instead, Egolf said, the Sherman turned toward the failed engine and crashed into a vacant home on the Benavidez family's property. “This wrong decision led to the destruction of the Benavidez family home and the death of the pilot,” Egolf said. The family has owned the property for years and wants to keep it in the family for multiple generations so that the grandchildren can grow up with their grandparents. In the lawsuit, the Benavidez family claims the soil on the property is now contaminated and the area is considered unsafe. “Nobody wanted to have to file a lawsuit, but we have been fighting one of the largest insurance companies in the world for a year and they have refused to make more than a ridiculously small offer,” Egolf said. KOAT Action 7 News has contacted the owner of the plane and the insurance company and has not received a response.

SANTA FE, NM —

A family who lost their home in a plane crash is now suing the plane's owner and its property insurance company. The owner's lawyer claims several protocols were not followed before the crash.

On July 18, 2023, Randolph Sherman had just taken off from Santa Fe Regional Airport when he encountered difficulties about one minute into the flight.

Sherman radioed air traffic control that one of his two engines had failed, and according to the new lawsuit, Sherman made a fatal error.

“When one engine failed, the pilot should have continued flying straight and used the remaining engine to gain altitude,” said Brian Egolf, an attorney for the Benavidez family.

According to Egolf, this would have given Sherman more time to consult with air traffic control about a safe landing of the plane.

Instead, Egolf said, Sherman turned in the direction of the failed engine and crashed into a vacant house on the Benavidez family's property.

“The result of this wrong decision was the destruction of the Benavidez family home and the loss of the pilot’s life,” Egolf said.

Egolf said the family has owned the property for years and wants to keep it in the family for several generations so that the grandchildren can grow up with their grandparents.

In the lawsuit, the Benavidez family claims that the soil on the property is now contaminated and the area is considered unsafe.

“Nobody wanted to have to file a lawsuit, but we have been fighting one of the largest insurance companies in the world for a year and they refused to make us more than a pittance,” Egolf said.

KOAT Action 7 News has contacted the owner of the aircraft and the insurance company but has not received a response.

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