Captain Ian H McBeth, First Officer Paul Clyde Hudson and flight engineer Rick DeMorgan Jr (from left) died during the Black Summer bushfires. Photos: Coulson Aviation.
Families of aerial firefighters from the US who died while battling the Black Summer bushfires are suing the NSW Rural Fire Service (RFS) over their deaths.
Captain Ian McBeth, 44, as well as 42-year-old First Officer Paul Hudson and 43-year-old flight engineer Rick DeMorgan Jr joined the firefighting efforts during the devastating bushfire season.
On 23 January 2020, the three North American crew members were onboard a large air tanker, a C-130, while helping to battle the Good Good Fire, which was burning between Cooma in NSW and the south of the ACT.
Their plane crashed after they conducted a partial retardant drop at a rural locality called Peak View. All three men were killed.
A recently released decision by the NSW Supreme Court shows the families of Mr Hudson and Mr McBeth have begun suing the RFS over their deaths.
Aircraft company Coulson Aviation (Australia) is listed as the second defendant in the matter.
A member of Mr Hudson’s family is seeking damages under the Compensation to Relatives Act 1897, while Mr McBeth’s family is also pursuing a claim under the same act in addition to nervous shock claims.
This image shows the wreckage left behind after the C-130 plane crashed at Peak View on 23 January 2020 while fighting the Black Summer fires. Photo: Australian Transport Safety Bureau.
Supreme Court Justice Richard Cavanagh stated that the matter had a lengthy history, was of significant complexity, and raised important issues.
“In any event, there has been a significant delay in the preparation of the case for hearing, resulting in the Common Law Registrar making orders for the service of expert evidence by the plaintiffs and requiring the plaintiffs to obtain leave of the court should they not serve their reports in time,” he said.
“As it turns out, they did not serve their reports in time, and in fact, they have not finalised the service of their expert reports.”
The two defendants did not oppose the late service of the reports, but requested that appropriate directions be put in place to ensure the matters progressed efficiently.
“Of course, the reason they do not oppose is because the plaintiffs, as yet, do not have any expert reports and everyone acknowledges that unless the plaintiffs are granted leave to serve expert reports, then the case is essentially over,” Justice Cavanagh said.
He ultimately granted leave to the plaintiffs to serve their expert reports on liability.
He then issued numerous orders to expedite the matter and scheduled the 10-day hearing to commence on 22 June 2026.
A memorial has been established at Peak View, outside Cooma, to honour the service of Rick DeMorgan Jr, Paul Hudson and Ian McBeth. An event was held to mark the anniversary of their deaths this year. Photo: NSW RFS Facebook.
When contacted about the civil case, an RFS spokesperson confirmed legal proceedings have begun regarding the 2020 crash of a contracted C-130 large air tanker during firefighting operations in southern NSW.
“As the matter is before the court, the RFS is unable to comment further at this time,” they said.
“The RFS acknowledges the ongoing impact of this tragic event on the families of the C-130 crew, the fire management teams and the local brigades who responded to the incident.”
A memorial has been established at Peak View, a rural locality northeast of Cooma, to honour the service of the three firefighters.
Emergency service personnel, government dignitaries and members of the local community came together at the memorial on 23 January 2025 to mark the fifth anniversary of their deaths.
Original Article published by Albert McKnight on Region Canberra.
