The sunshine and redolent flowers at Jessica Dubroff's memorial service in Pescadero Friday gave no hint of the legal storm looming on the horizon.
Friends and family of the fallen flier gathered at her graveside atop Mount Hope Cemetery on the first anniversary of her death, remembering her life as well those of her father Lloyd and Half Moon Bay's Joe Reid, all of whom perished in a plane crash on a stormy morning one year earlier in Cheyenne, Wyo. Jessica was attempting to fly across the county, a accomplishment that would have made her the world's youngest pilot to do so.
Earlier in the day on Friday, though, a friend of Lisa Hathaway, Jessica's mother, was filing suit in San Mateo County Superior Court _ the last day possible under the statute of limitations _ seeking damages for negligence against Reid's estate; George Auld, who co-owned the downed Cessna; the Cessna corporation; and AVCO, manufacturer of the plane's engine.
Hathaway's surviving children, Joshua, 10, and Jasmine, 4, were named as defendants in the suit, which was filed by Doug Vaughn, a family friend who has been named the children's guardian in legal matters and their trustee. Hathaway is not named as a plaintiff.
"I'm in a really awkward situation," Hathaway said in a telephone interview Monday. "There were people waiting to file suit if I hadn't."
The law allows people uninvolved in a case to sue on behalf of minors. Hathaway said she knew of two people who were threatening to sue, people she said might be more "ruthless" than she. By having her children's trustee file suit _ and hopefully lose _ she hoped others would be prevented from suing, thus sparing the Reids, Auld and the airplane companies any financial distress. In addition, Hathaway hoped the suit would prevent anyone from challenging the custody of her children.
"I am clear there are people out there who love me and who hate me," she said. ". . . There are people that would like to do me in, in many ways."
Dubroff said Melinda Dubroff, Lloyd Dubroff's wife, has already filed suit on behalf of Joshua and Jasmine, though that could not be confirmed at press time.
At the memorial service around her daughter's grave, Hathaway told the 25 friends and family members gathered, as well as a clattering group of about 15 television, radio and newspaper reporters, how much she missed her daughter and respected Reid.
"Joe did nothing to the airplane," she said. " . . . I'll do everything I can for that man's name and to honor him."
In the interview Monday, she said not only was she sure Reid was not at fault for the accident, but suspected someone had tampered with the plane.
"My sense is someone sabotaged the plane," she said, adding she has no proof of the alleged crime. "It's just my gut sense."
The National Transportation Safety Board, in a report filed last month, concluded pilot error was a factor in the crash.
If her children happen to win the suit and collect damages, Hathaway said the money would be put in their trust fund. If she were to return the money, she said she believes someone could again make the case for her children's custody, claiming she was an unfit mother for not keeping the money to provide for them. If any money is awarded to Hathaway, she said she would give it back to the defendants or establish some kind of memorial in Reid's name.
In any case, she maintains she wants no part of the money.
"This is blood money," Hathaway said. "This will not work for me . . . I don't want that money."
Hathaway, who said she is still looking for a way out of the lawsuit, said she spoke with Reid's wife Ana before it was filed. "As a mother to another mother, she said do whatever I have to do to protect my children," Hathaway said.
Reid, reached Monday, was cautious about making any comments for fear of complicating an already Byzantine legal situation.
"I can appreciate she is in a tight situation and has to look out for her children," Reid said, adding she had been waiting for the "other shoe to drop" in the form of a suit for some time.
"It was so extremely unfortunate that it happened when I decided to have a memorial to honor Joe," said Reid, who had a memorial for her late husband on Sunday.
She would not comment further on her feelings about the suit.
Fellow defendant George Auld said the suit was no surprise, but he resents its catchall wording.
While the legal problems swirl around most everyone connected with the Wyoming crash, Hathaway and those at Friday's memorial remembered the lives of fallen travelers. Friends and family took turns sharing remembrances of Jessica, singing folk songs and pouring water on Jessica's flower-covered grave.
"My life has been completely altered by not having Jessica here and I'm so grateful for having had her in my life," Hathaway said through tears.
The solemnity of the event was broken by the reporters who formed a half circle around those who had come to pay tribute to Jessica. A basket of fruit placed by Jessica's grave became a receptacle for half a dozen microphones.
"I didn't want it to be like we were all on stage," Hathaway said to the reporters, whom she asked to sit down to better fit in with the spirit of the event.
As Hathaway and others recounted memories of Jessica's difficult birth and love of flying, family friend and local pilot Forrest Storz buzzed the gathering in the same Cessna 172 Jessica learned to fly in, tipping the wing as he flew overhead.