Left inset: Tanya Hendry (Dignity Memorial). Right inset: Jonathan Spano (Instagram/@trafficmanagementinc). Background: The California cliff that Tanya Hendry plummeted off of while allegedly riding in an ATV at Jonathan Spano's "Burning Man"-style party (San Luis Obispo County).
A California stunt pilot who worked on the 2022 movie "Top Gun: Maverick" was sued by the family of a woman who died at a party he threw, during which she plummeted off a beachside cliff while riding in an ATV. The pilot has reached a settlement agreement with the family after being accused of "providing drugs and alcohol" to the driver.
Tanya Hendry, 34, "died a horrific and excruciating death by drowning" in December 2020 after falling off the San Luis Obispo County cliff with driver Maria Arayza-Alvarez, who was also named in the 2022 civil suit and previously settled with Hendry's family.
Arayza-Alvarez was charged with driving under the influence, causing injury or death to another and gross vehicular manslaughter after Hendry's death, which led to a conviction and four months of jail time, according to the San Luis Obispo Tribune.
Hendry's family claimed that the party host, Jonathan Spano, and the property owner of the location where his party was held, Harmony Bluffs LLC, supplied drugs and alcohol that caused Arayza-Alvarez to drive in a "negligent and reckless manner" before going over the cliff. Spano was also in the ATV and suffered a number of injuries.
"Defendants Jonathan Spano and Harmony Bluffs LLC held a party in which they permitted their venue to be used for the operation of a high performance recreational vehicle, a Can Am, by guests under the influence, to whom they had been providing drugs and alcohol, in an effort to put on a version of the Burning Man Festival during the COVID-19 pandemic," the family's legal complaint said.
"The aforementioned defendants agreed that [Arayza-Alvarez], who had no experience driving such a vehicle, should operate it, despite the fact she was under the influence, and despite the fact that it was nighttime, and — to the knowledge of the premises defendants — near the location of a sheer cliff," the complaint alleged. "Each defendant furnished a component of this activity, thereby acting in furtherance of it: the premises, the vehicle, and permission for the use of each by an individual under the influence."
In addition to these "unreasonable and reckless choices," Hendry's family accused Spano — who describes himself online as a "helicopter and jet film stunt pilot" — and Harmony Bluffs of failing to provide "warnings or guard" against the "known dangerous condition of the sheer cliff," thereby contributing to her driving off of it, according to the complaint.
"These decisions culminated in the Can Am driving off the cliff, killing one of its occupants [Hendry] who died a horrific and excruciating death by drowning in the ensuing minutes," the complaint said.
The terms of Spano's settlement agreement are confidential. His legal counsel sent Law&Crime a statement, denying the allegations that were made against him by Hendry's family.
"Mr. Spano did not provide drugs or alcohol to his guests," the statement says, describing the alleged gathering as a "camping trip, not a party," per his counsel.
"Everyone brought their own drinks," the statement adds. "No one at the camping trip stated that Mr. Spano provided drugs or alcohol. This false claim stems from allegations in the civil complaint and is not supported by statements from those who attended. Those present at the camping trip were adults responsible for their own personal decisions."
In regards to the claims that Hendry's family made about him and Harmony Bluffs failing to provide "warnings or guard" against the "known dangerous condition" of the cliff, Spano's legal counsel said, "Those present had previously visited the property many times and knew the terrain well. They were adults who had previously roamed and camped on the property both at night and during daylight hours. The bluff was open and obvious to all present. Ms. Alvarez, the driver, simply lost control of the ATV, likely due to pedal confusion."
Spano's counsel says he "did not lease or request the ATV" that Hendry was riding in to be brought to the property.
"Another attendee … rented the vehicle for that weekend and brought it to the camping trip," his counsel alleges. "Mr. Spano was not the driver. The vehicle was operated by Ms. Alvarez, who pleaded guilty to manslaughter. … Mr. Spano did not operate or control the ATV and certainly did not let the vehicle go over the cliff. Further, Mr. Spano was a passenger in the vehicle and also sustained injuries from the accident."
Spano tells Law&Crime "this tragic accident took the life of one of my best friends" and "what was meant to be a simple camping trip with my four close friends and my father before Christmas became the worst night of my life."
Spano adds, "That night, when our mutual friend accidentally drove the vehicle off the bluff, everything happened in an instant. It was the most traumatic experience of my life. I was sitting in the front passenger seat and after I was able to pull myself out of the submerged vehicle, I immediately tried to locate and save my friends in the darkness. I fought through the high surf, diving into the water desperately trying to find Tanya. I did everything I could and losing her has been an incredibly painful tragedy. Tanya was a beautiful soul and a truly cherished friend. My heart is with the Hendry family. Today and always."
The Hendry family's attorney, Nicholas Rowley, told The Tribune that he viewed the settlement "as the defense accepting responsibility, and that's all the family wanted."
Rowley added, ""In life, we all make mistakes. What defines us is what we do with our mistakes and whether or not we accept responsibility and how and when we accept responsibility."
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