Settlement reached in death of flight student

By Gary Scott on January 30, 2015 at 3:42pm

New litigation has been filed in connection to a 2010 plane crash that killed a Jacksonville 18-year-old.

Benjamin Van Hyning was a passenger in a single-engine Cessna Sierra that was being flown back to Jacksonville from Chicago as part of his flight-training education. The plane crashed in Wheeling after the pilot, Todd Cole, reported engine trouble.

Two Jacksonville Airport employees had flown Cole and VanHyning up to Chicago to come back in the plane, according to previous court documents.

The new lawsuit, filed last week in Morgan County Court, indicates a settlement was reached between David Van Hyning, the father of Benjamin, and the airport authority last November. Van Hyning dropped the negligence claims in exchange for the JAA agreeing to be liable for a $5-million sum.

The suit, which only represents one side of the claim, is being filed against the airport’s insurance provider, Ace Property and Casualty Insurance Company. It says Ace has denied any duty to defend or indemnify the JAA, and is asking for them to provide the $5 million to which was agreed.

Van Hyning is represented by Morse, Bolduc and Dinos Law Office of Chicago.