As the families of Trevor Cadigan and Brian McDaniel announce a celebration of life service to take place at their Dallas high school next week, the first lawsuit related to their fatal helicopter crash has already been filed.
"He was really one of the funniest people, " Trevor Cadigan's sister, Kathleen Cadigan Howard, told WFAA.
"His presence filled a room," his mom, Caton Cadigan, said. "I mean you always knew Trevor had been there."
Trevor and his childhood friend Dallas firefighter Brian McDaniel were taking in a whirlwind tourist weekend in New York City. His sister said they were having the time of their lives celebrating Trevor's new home and his success in building a business journalism career in NYC.
"I FaceTimed with Brian and Trevor on Saturday," Kathleen Howard said. "They were really happy. I have this great memory of him just being so happy. And he said 'I love you and,' so I know he was in a good place."
"He was doing what he wanted to do," his mom said.
But just hours after the bodies of both young men were returned to Dallas on separate flights, with the same firefighter water cannon honor, the first lawsuit was filed by noted Midwest attorney Gary C. Robb on behalf of the Cadigan family.
The lawsuit alleges that Liberty Helicopters, the pilot, and the tour operator NY on Air are "negligent in that their policy of so-called helicopter "doors off" photo flights is inordinately dangerous and risky and should only be permitted for professional photographers in special situations and not for amateur tourist photographers."
The lawsuit also targets the helicopter company policy of "providing a knife to each passengers to cut through their harness to extricate themselves is grossly negligent and reckless." And that the restraint system used, "securing passengers to the helicopter with harnesses attached from the back by a metal ring known as a carabiner which is a death trap and does not permit them to reach and activate release mechanism on their own."
The five passengers drowned still strapped in their seats. The pilot was able to free himself and escape.
"There is a lot to get to the bottom of that the NTSB is going to do over the coming months for the family and for the law firm that they retain," said Dallas attorney and licensed airplane pilot Ron McCallum who is not involved in the lawsuit. "One of those is going to be were the passengers adequately trained to self-extricate or get out of that aircraft in the event of an emergency."
The lawsuit also alleges the pilot did not properly activate the helicopter's inflatable skid floats that are designed to keep the aircraft upright, at least long enough for the passengers and crew to escape.
And, while the pilot has suggested to investigators that one of the passengers camera or gear straps may have wrapped around a fuel shut off valve and cut off fuel to the engine, the lawsuit alleges the pilot, Richard Zemke Vance "inadvertently or otherwise activated the emergency fuel control cut-off valve."
"I think your viewers want to know one thing most important above all is there ever going to be a fix and was this preventable," McCallum said of the fuel cut off valve. “And we know based on history in 2008 and other events that this has happened before," he said of a fatal crash in Alaska blamed on the inadvertent activation of a fuel cut-off valve on the same make of helicopter.
The Cadigan family says the lawsuit is aimed at ending these kinds of flights and the restraints they use. Meanwhile, the only solace they can take is that the two best friends were together when they died.
"The fact that they were together, I mean I'm heartbroken for the McDaniel family as well," Trevor Cadigan's sister said. "But knowing that they were together, and they stayed together, they're together right now in Dallas, and we're going to be celebrating their lives together."
"What's getting me through as well is, I believe in a God of grace," Caton Cadigan said. "And I've always known as an ICU nurse that you don't ever know when it's your time, and it's really none of my business when it's our time. And now the fact that it was Trevor's time way before we felt like it was time, I just know that he packed it all in in 26 years. He may have lived on double time, and that's why he's so hard to keep up with. Because he did. He made every day count."
"I'd want people to know that whatever you do matters," Trevor's mom continued. "You know everything, the details, the small ones all matter. People may not remember what you say or did but they'll remember how they made you feel. And he always made a lasting impression. And it was always funny and joy."
Joy, now grief and heartbreak, as two young friends are laid to rest later this week.
A celebration of life service is being planned for Saturday, March 24 at Bishop Lynch High School.