Families file wrongful death lawsuits against Bering Air

Last week, almost exactly a year after Bering Air flight 445 crashed  on the sea ice en route from Unalakleet to Nome, killing all nine passengers and the pilot, four families of crash victims filed wrongful death lawsuits in Nome Superior Court.
The lawsuits bring claims alleging negligence, wrongful death, survival damages, negligent infliction of emotional distress and punitive damages.
Plaintiffs are the personal representatives of the estates of crash victims Kameron Hartvigson, Donnell Erickson, Talaluk Katchatag and JaDee Moncour.
The lawsuits point to a preliminary National Transportation Safety Board report that states “the airplane’s estimated gross takeoff weight at departure was about 9,865 lbs, which was about 1,058 lbs over the maximum takeoff gross weight for flight into known or forecast icing conditions.”
According to the NTSB report, the pilot was advised on approach that the Nome runway was closed as crews were deicing it. The report states that the air traffic controller added that if the pilot wanted to “slow down a little bit” to prevent the flight from arriving before the runway reopened, that would be fine, and the pilot acknowledged. A few minutes later, the plane began its descend and the airspeed dropped below the minimum airspeed of 95 knots in icing conditions.
“As operator of the flight, Bering Air breached the duty of care it owed to Plaintiffs,” alleges the complaint. “Bering Air overloaded the aircraft beyond its gross weight, and beyond the limits of weight for flight into known icing conditions, making the aircraft unairworthy and unsafe to fly.”
In response to a request for comment, Bering Air President Russell Rowe said in an email to the Nugget that Bering Air is aware of the lawsuits that have been filed in connection with the tragic accident involving flight 445 on February 6, 2025.   “Out of respect for the legal process and the families involved, it would be inappropriate for us to comment on any specifics related to litigation at this time.”
He added that Bering Air continues to cooperate fully with the NTSB, the FAA, and all other appropriate authorities as their investigations continue.
“The safety of our passengers, employees, and community members remains our highest priority,” Rowe wrote. “I would also like to say, from all of us at Bering Air,  we would like to sincerely thank the people and the communities of Western Alaska for the incredible support, compassion, and strength shown in the aftermath of Flight 445. In the days and weeks following February 6th, 2025, your kindness and prayers meant more to us than words can express. 
In a time of deep sorrow, your support reminded us of the strength and unity of our region.”