A helicopter touring Oʻahu allegedly veered off course near Makapu’u Point, causing a paraglider pilot to crash and suffer severe injuries, according to a lawsuit filed in Oʻahu Circuit Court on Thursday.

The paraglider pilot – Kincaid Kawananakoa – broke his ankle and had to be rescued by a mountainside airlift in July 2023, the lawsuit states. 

The suit seeks damages and costs from Novictor Aviation LLC, its registered trade name Rainbow Helicopters, its sole owner and operator Nicole Battjes, its Nevada-registered limited liability company United Helicopter Leasing, and various John and Jane Does.   

The companies operate commercial helicopter air tours under the Rainbow Helicopters brand from the Honolulu Airport, including an hour-long “Royal Crown of Oahu Tour” that circumnavigates the island. 

The counter-clockwise route passes over the ocean in front of the Makapu’u lighthouse, an area also designated for ultralight and hang glider operations by the Federal Aviation Administration. 

Just before the accident, a Rainbow Helicopters Airbus H125 helicopter diverted from its route and crossed through the FAA-designated area less than 1,000 feet above the ground — below the mandated safe flight altitude for commercial air tours of 1,500 feet, the suit states. 

“Multiple paragliders were operating,” at the time and the helicopter passed over Kawananakoa at a speed of 115 mph with less than 500 feet of separation at about 3:38 p.m., the suit states. 

Kawananakoa, described in the complaint as an experienced paraglider with certifications as instructor and advanced pilot, was in a “cocoon-like pod suspended below a fabric wing controlled by toggles.” He had taken off from the paragliding launch area at Makapu’u Point and had been flying for 45 minutes before the accident.

Kawananakoa’s attorneys say the rotors of the seven-seat helicopter created a wake when it passed over, collapsing the wing of Kawananakoa’s paraglider and sending it into the side of a mountain ridge west of Makapu’u gap. 

The helicopter pilot should not have been flying at low altitude through a charted ultralight operations area and should have kept a proper lookout for gliders, the suit states.  

John Cox, vice president of safety for Rainbow Helicopters, said via email on Thursday that the company had only started reviewing the case with its attorneys, but is committed to safely sharing airspace with other aircraft.

Battjes did not respond separately. He is the founder, CEO and director of operations for Novictor Aviation LLC and its successor, Rainbow Helicopters. United Helicopter Leasing is the company’s registered name with the Federal Aviation Administration.

Novictor rebranded itself as Rainbow Helicopters in 2020 after two high-profile incidents. 

Rainbow and its affiliates are still in litigation to settle a case where three passengers were injured in a crash landing on a sand bar in Kāneʻohe Bay in 2018 after the pilot suffered a medical problem.

A year ago, Novictor, Rainbow and United Helicopter and the estate of the pilot settled with the families of two passengers killed in 2019 when one of its helicopters broke up in mid-air over Kailua. 

This latest lawsuit differs in that it is attempting to hold Battjes personally liable as the sole owner and managing member, with what the suit calls control over all business aspects of Novictor Aviation LLC, United Leasing LLC and its trade names. 

The suit alleges that the discovery process will show that the companies “may lack sufficient assets, reserves, or insurance to cover foreseeable liabilities arising from aviation incidents, including the incident at issue.”

“Allowing Ms. Battjes to rely on the protections of the LLC structure would result in manifest injustice by permitting her to escape personal liability.” Under Hawaiʻi law, “courts may disregard the LLC and impose liability on the individual who controlled it,” the suit states. 

One of Kawananakoa’s Honolulu attorneys, Sergio Rufo, said via email Thursday they had no comment.  

Read the full lawsuit: