Blue ice verdict reversed; plane not American's

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Published Thursday, August 7, 2003, in the Santa Cruz Sentinel

Blue ice verdict reversed; plane not American's

By Cathy Redfern
Sentinel Staff Writer

SANTA CRUZ -- After losing his "blue ice" battle against American
Airlines, Ray Erickson has turned his sights on another airline he
wants to pay up for damage to his boat.

Ray Erickson had sued American Airlines after two chunks of the so-
called blue ice crashed through the skylight of his boat

He won a $3,236 judgment in June against American, but it was
overturned Wednesday. Now Erickson is threatening to take on United
Airlines.

Erickson, a retired engineer with short-cropped gray hair, wearing
sneakers, slacks and a light gray Pasatiempo vest, squared off in
Santa Cruz County Superior Court against an American Airlines
attorney, engineer and claims analyst.

Judge Richard McAdams ruled that while the ice, confirmed as sewage
by county health officials, in all likelihood fell from an airplane
lavatory, Erickson did not sufficiently prove that it came from the
American Airlines plane he said it did.

Erickson lives on his Chris Craft boat at the Santa Cruz Small Craft
Harbor and had stepped away to answer the phone when the ice crashed
through the skylight about 6:15 p.m. Feb. 10. He tallied up the costs
to repair it and headed to court after getting nowhere with the
Federal Aviation Administration, which investigates such cases, or
with American Airlines, Erickson said, though the airline did offer
him half his requested amount two days before his first court date.

He refused the offer and won the judgment in small claims court,
garnering media attention, including a late-night TV appearance, and
raising his hopes to repair his still-damaged boat. He says his
insurance does not cover the loss.

But though an FAA representative had told him the harbor was under
the flight path of planes flying from Los Angeles to San Francisco,
the airliner's analyst testified Wednesday it could be one of several
planes coming from a number of cities south or southeast of San
Francisco.

American engineer Flint Johnson also said that the company always
adds a blue chemical to its recycled toilet water to cut down on
germs and odor and pointed out that the ice in question was white and
brown, not blue.

Blue ice forms from leaking lavatory waste that gathers on the
outside of the plane, freezing at high altitude and dropping with
sufficient agitation or when the plane enters a lower altitude and
the ice thaws, Johnson testified. He said the airliner has not
received any significant claims for the problem since the FAA cracked
down in 1996, issuing a directive to combat the problem.

After American Airlines offered detailed flights maps and other
information Wednesday, Erickson-- clearly disappointed at the ruling
-- studied the information and said it seemed to show a United
Airlines plane as the most likely culprit.

"I was whipped as I walked out of there," he said, "but then I
started looking at things and I think it could be United Airlines, so
stand by. I'll get one of them, sooner or later."

Another blue ice incident in Santa Cruz occurred in January when a
blue chunk busted through the roof of a home on Caledonia Street,
striking a teen's bed. The teen's father, Gus Zesati, said Wednesday
the roof has been repaired, but that the FAA never got back to him
with what flight it might have come from, though they took a report.

FAA spokesman Donn Walker said the agency does review such claims and
sometimes can pin them to one plane and sometimes cannot.

"It can be very difficult to determine what plane it came from," he
said. "We don't get a lot of those claims, but we do investigate
them."


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