By Daniel Larios
Staff Writer

September 29, 2014 – The City of Santa Monica is expected to file a negligence suit against the estate of construction tycoon Mark Benjamin, the pilot of a small plane that crashed and killed four people in the Santa Monica airport exactly one year ago today.

The lawsuit against Benjamin’s estate -- as well as the plane’s corporate owner, CREX-MML LLC -- by the City Attorney’s Office is expected to be filed in the Los Angeles Superior Court this Monday, city officials told the Lookout.

“The defendants… breached their duties owed to plaintiff and so negligently and carelessly owned, designed, manufactured, registered, repaired, maintained, inspected and piloted the Cessna 525A Citation airplane,” reads the complaint.

Defendants “were inadequately and insufficiently licensed, trained, knowledgeable and experienced as to the rules, regulations and procedures for operating said airplane in general and specifically at SMO, such that the airplane failed to land safely…

“Instead [the plane] veered off the right side of the runway, struck some objects and crashed into a hangar on the airport property, following which a post-accident fire quickly ensured,” the complaint continued.

According to the complaint, the City is seeking $54,734 in cleanup costs incurred by a fatal accident of the twin-engine Cessna Citation piloted by Benjamin, who was the CEO of the Santa Monica-based construction firm Morley Builders.

Costs include the removal of plane debris from the runway, securing the site until the Santa Monica Fire Department completed its investigation and testing to see whether hydrocarbons from the plane’s leaked fuel and chemicals from the fire suppressants seeped into the soil.

Additional costs include replacement of a LED sign, a hazardous material survey of the affected property and the removal of the hangars damaged by the crash.

The suit also cites a creditor’s claim filed by the City against Benjamin’s estate.

“As of the date of filing this Complaint, plaintiff has received no written acceptance, denial, rejection or response of any kind to the Creditor’s Claim by the Estate of Mark J. Benjamin or its personal representative,” reads the suit.

City officials say the damages sought in the suit will be directed at the estate’s insurance company, rather than the estate proper.

This is not the first lawsuit filed against the Benjamin estate relating to the fatal accident.

The three sons of Kyla Dupont, one of the passengers killed in the accident, filed a wrongful death suit against the Benjamin estate in November of 2013, claiming that Benjamin was at fault for failing to maintain control of the plane when it landed.

According to the National Transportation Safety Board report released last year, all of the plane’s tires were inflated and there was no debris on the runway when the plane crashed into the hangar and burst into flames.

Official reports say the twin-engine private jet crashed into a set of four hangars around 6:20 p.m. on September 29.

Benjamin, his son Lucas Benjamin, Lucas’ girlfriend Lauren Winkler and Dupont were returning to Santa Monica from Hailey, Idaho, a frequent trip the older Benjamin made as a member of the Idaho Conservation League’s board of directors.

During his decades as a leading business man in the bayside city, the Malibu resident left an enduring legacy, city officials say.

The father of two children who attended Santa Monica and Malibu public schools, Benjamin lent his expertise to several District construction bond oversight committees.

His firm also worked closely with Santa Monica's leading provider of affordable housing, Community Corporation, as well as City Hall on public works projects, including the new Main Library, which was completed in 2006.