Jury rules against family of skydiver killed in accident

Kim Smith

Monday, March 18, 2002 | 9 a.m.

Moments after a jury cleared him of any wrongdoing in the death of a skydiver, Michael Hawkes stood on the front steps of the Foley Federal Building and pointed skyward at the Air Force Thunderbirds as they performed maneuvers.

"Hey! They're celebrating our win," Hawkes yelled over to fellow defendant Joe Herbst. "That's pretty good."

On Friday a Clark County civil jury ruled that Hawkes, the owner of SkyDive Las Vegas, was not responsible for the May 1998 death of Vic Pappadato, an Emmy-award winning videographer and skydiver.

They also found that Herbst, a former teacher who jumped that day with Pappadato, did not contribute to Pappadato's death. In fact, they awarded Herbst $1, saying Pappadato caused the midair collision that led to his death and seriously injured Herbst.

The four-week trial was held in the Foley Federal Building to provide extra space.

The parents and brother of Vic Pappadato had claimed that Hawkes had a history of violating safety rules and on the afternoon of May 10, 1998, allowed a group to dive even though some of them had been partying the previous evening.

The family's attorney said those mistakes led to Pappadato's death.

Hawkes and Herbst's attorneys told jurors that Pappadato deviated from a pre-arranged plan, and his mistakes led to his death.

They also pointed out that Pappadato had signed a waiver releasing SkyDive Las Vegas from any liability.

"It's been a long four weeks since the trial began and a long four years since the accident," Hawkes said. "I'm just very happy the waiver stood out and was upheld. Everyone who jumps out of airplanes knows it is potentially dangerous.

"There's been a lot of pain and suffering on both sides. I'm very sorry for the Pappadatos' loss, but this lawsuit should never have happened."

In a written statement, Vince Pappadato, Vic's brother wrote: "We accept the jury's verdict, although we do not necessarily agree with the outcome. Sometimes the truth cannot always be proven.

"This is just another bump in the road for us, and Vic Pappadato will never be forgotten for the champion he was in the sport that he loved so much, for the son and brother that he is, and for the man he became that everyone loved and misses dearly."

Vince Pappadato said his family also wished for peace for the Herbst family.

Herbst, who suffered internal injuries and broken bones in the accident, said he regretted having to file his counter-claim against Pappadato's estate. He said he went ahead with the lawsuit to clear his name.

"I have no animosity toward the Pappadato family, that's why I only asked for a dollar," Herbst said.

Herbst, who has made 1,000 dives since the accident, said the accident happened as the result of a few bad decisions made over a nine-second period.

"Who hasn't made bad decisions?" Herbst said. "I had forgiven Vic before I hit the ground."