A lawsuit was filed this week against the estate of a pilot who had high levels of THC from marijuana in his system when he crashed a World War II plane in 2014, court documents say.
Mona Schlarb, the widow of flight instructor Michael Schlarb, filed a lawsuit against the estate of the man who was flying the plane when it crashed with her husband on board, killing both men.
Schlarb’s lawsuit aims to send a message that the legalization of marijuana should not give anybody the impression he or she can fly under the influence, lawyer James McDonough said.
“Under the circumstances, she does want to send a message and she does want to make a statement with this case,” he said.
Flight instructor Michael Schlarb was teaching John C. Earley Jr. to fly when Earley crashed the plane, killing both men near the Durango-La Plata County Airport, according to a report from the National Transportation Safety Board.
Shortly after takeoff, the P-51 Mustang banked left about 90 degrees, pitched up slightly and then banked past 90 degrees. After that, the airplane’s nose pitched down to about a 45-degree angle and the airplane hit the ground, the NTSB report said.
Earley failed to compensate for the P-51 Mustang’s tendency to enter a roll after takeoff likely because he had used marijuana, the report said.
The flight instructor did not have enough time to regain control of the plane because it was flying at low altitude, the report said.
The lawsuit claims that Earley’s conduct is comparable to manslaughter and it should be classified as a felony killing.
Schlarb asks Earley’s estate to compensate her for her husband’s funeral and burial expenses, the loss of her husband’s support and counseling. She also asks to be compensated for her grief, impairment of her quality of life, inconvenience and pain and suffering.
The lawsuit also names Bridgewood Holdings as a defendant in the case. The company owned the plane, but it is not clear what position Earley held, McDonough said.
Earley was listed as the person who formed the company in 2013, according to Colorado Secretary of State documents.
James Link of Ouray is listed as the agent for the company, according to documents filed with the Colorado Secretary of State in March. Link could not be reached for comment.
Earley was CEO of Saddle Butte Pipeline and is survived by his wife, Jodi, and two daughters. His wife could not be reached for comment.
mshinn@durangoherald.com
