A New Jersey woman who survived a 50-foot drop from a hot-air balloon isn't just suing the manufacturer of the Cameron Balloon. She's also pointing the finger of blame at the pilot –- her own husband.

Interspousal lawsuits are rare enough outside divorce proceedings. Kathleen Long's claim alleging her husband was “negligent in the maintenance, care, operation or use” of the balloon may be the first interspousal tort involving a hot-air balloon accident.

Long suffered severe back injuries in October 2005 after getting entangled in the vent ropes of a rising balloon that she was helping her husband launch. John Long operates a Hunterdon County, N.J., balloon ride business called Flight Fantastic.

Most of the claims in a complaint filed last month are against Michigan-based Cameron Balloons. By also suing her husband, Kathleen Long may be able to recover damages from the insurer of his business, her attorney explains.

Since she was not an employee of Flight Fantastic, says Salvatore DiFazio of Flemington, N.J., “She fits the definition of a third party ... The fact that they have a marital relationship is of no consequence.”

John Long has described his wife's survival of the accident as a “miracle.” As the balloon with two passengers aboard took off, the vent ropes caught her by the ankle and hoisted her into the air.

Strong winds prevented John Long from returning to the take-off site, so he aimed for trees in the hope that his wife, who was dangling upside down, could grab onto something and untangle herself. After hitting one of the trees, she fell through the roof of a barn, landing on rotting floorboards.

The complaint alleges that Cameron's design of the balloon was defective because it “failed to include a safeguard or other mechanism to prevent someone from becoming entangled in the dangling parachute and vent lines.” Cameron claims to be the best-selling brand of hot-air balloon in the world.

According to DiFazio, the negligence claim against John Long is analogous to traffic accident cases in which one spouse alleges negligent driving by the insured spouse. “In the context of this litigation, [he] is not being sued for his qualities as a husband but for his responsibility as a pilot,” DiFazio says.

In June, a Minnesota couple whose 3-year-old son suffered brain injuries in a car accident won a $100,000 settlement from their auto insurer by having the child sue them for negligent installation of his car seat. Harrison v. Harrison, 733 N.W.2d 451.

By Matthew Heller
11/14/07