ASOTIN — The state of Washington has agreed to pay $812,000 to the estate of a 16-year-old Spokane boy who died in a 2015 helicopter crash south of Asotin.
The settlement is part of an ongoing civil lawsuit that was filed against the Washington Department of Fish and Wildlife and Clearwater Power Co. following a crash that killed Lewiston pilot Hayden Simmons, 17, and his 16-year-old cousin, Hudson Simmons.
According to a stipulated judgment recently filed in Asotin County, attorneys representing the estate of Hudson Simmons and his parents, Craig and Nicole Simmons, reached an agreement with one of two defendants named in a consolidated lawsuit. Outcomes involving Clearwater Power Co. and the other plaintiff — the estate of pilot Hayden Simmons and his parents, Kent and Heidi Simmons — are still pending.
The legal proceedings stem from a crash July 1, 2015, when Hayden Simmons, a certified pilot, was flying a Hughes 269C helicopter over Ayers Canyon. According to a National Transportation Safety Board report, the aircraft hit two power lines strung across the rural canyon, causing it to crash.
Most of Ayers Canyon — or Ayers Gulch — is owned by the state of Washington, and is part of the Asotin Wildlife Area managed by the Washington Department of Fish and Wildlife. The power lines are operated by Clearwater Power.
The lawsuit filed on behalf of both estates alleged the power lines and utility poles were unmarked and “invisible” or “very difficult” to see, and the lines “constituted an unsafe and dangerous condition to aircraft in flight over Ayers Canyon.”
The defendants had a duty to mark the lines and poles and remove decommissioned poles in the area, according to the lawsuit.
Court documents previously filed by the state agency and the power company denied the lines were unmarked and alleged the pilot was negligent. In addition, Clearwater Power Co. denied owning any decommissioned poles in the area.
The estate of Hudson Simmons is represented by Seattle attorneys Thomas W. Bingham and J. Nathan Bingham. Michael J. Throgmorton, an assistant attorney general, handled the case on behalf of the state.
Whitman County Judge Gary Libey signed the order, which was filed in Asotin County Superior Court.
Sandaine may be contacted at kerris@lmtribune.com or (208) 848-2264. Follow her on Twitter @newsfromkerri.