Lawsuit: Helicopter malfunctioned before crash. 

9NEWS at 4 p.m. 7/31/15. KUSA


FRISCO - The two survivors of the Flight For Life helicopter crash are suing the companies responsible for manufacturing the helicopter.

According to the lawsuit, the "helicopter became uncontrollable due to either a malfunction or design defect of the tail rotor failure" before crashing on July 3 in a parking lot at St. Anthony's Summit Medical Center in Frisco.

"Witnesses at the scene reported that the helicopter was spinning immediately upon takeoff, which would be consistent with tail rotor failure," Peter W. Rietz of Rietz Law Firm in Dillon, Colo.

Helicopter pilot Patrick Mahany died in the crash.

David Repsher, 45, of Silverthorne, and Matthew Bowe, 32, both survived the crash, and the lawsuit was filed on their behalf. Both Bowe and Repsher were flight nurses who were on board the Flight For Life helicopter which was en route to Eagle/Vail for a public relations event for the American Spirit of Adventure Boy Scout Camp.

Bowe suffered internal injuries and a permanent disability. Repsher is still in critical condition since 90 percent of his body was burned during the post-crash fire.

The lawsuit name Air Methods Corporation, the helicopter operator, as well as the manufacturer and distributor, Airbus Helicopters S.A.S. of France and Airbus Helicopters, Inc. out of Grand Prairie, Texas.

The lawsuit also claims the helicopter was not safe and crashworthy in that the fuel tank ruptured and burst into flames upon "moderate ground impact."

"If the fuel tank had remained intact, David would not have suffered these horribly severe burn injuries," Rietz said.