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Call Kurtis Investigates: The Romantic Hot-Air Balloon Ride From Hell

TRACY (CBS13) – It was all smiles minutes into Michael and Amber Franks' Valentine's Day hot-air balloon ride over Sonoma. The romantic trip turned into a hellish ride with a crash and a boy knocked unconscious.

"We came like that (boom), We came and hit the ground, and when we hit the basket begins to flip over," said Michael Franks.

The impact, he says, sent them and two other families on board flying.

"All the passengers got thrown to the front of the basket where was a little boy who got crushed underneath," he said.

Franks says the pilot got them airborne again, but the 6-year-old was crushed and not breathing.

He says his wife Amber performed CPR, reviving the boy.

"He was in and out of consciousness; his eyes were rolling back," said Franks.

The boy's family said he suffered a broken clavicle and a punctured lung.

The National Transportation Safety Board is investigating the accident, and its preliminary report says that the pilot admitted he misjudged the wind.

The Franks say their trip was ruined and asked the owner of A Balloon Over Sonoma for a refund.

Michael says "His response was, 'Why should you get a refund? You got an adventure didn't you?'"

After the company's owner, Captain Chuck, didn't return our repeated calls, we paid him a visit but no one was home.

We ended up tracking down the pilot William Sowers who owns the balloon.

Producer: We want to know what happened that day.

Pilot: Well, why don't you talk to the people who're propagating the story for you?

Producer: OK, well we want to get your side of the story. You were the operator that day. You were the pilot.

Pilot: I have nothing to say

He did point us to the company's website, which says there's a chance of personal injury or damage or loss of property.

ASSUMPTION OF RISK AND SAFETY ON ABOS WEBSITE

But personal injury attorney Anthony Garilli says a waiver may not cover the company if it was negligent.

"If that company or operator did anything to increase the risk of danger then they're liable," said Garilli.

The NTSB is investigating and a final report isn't expected for months. Although we noticed the preliminary report mentions 4 people, listing injuries as 1 serious and 3 uninjured. We know of at least nine on board that day.

We've made the NTSB aware of the discrepancy in the number of passengers. It said it can't comment during the investigation, but acknowledged preliminary reports sometimes have errors.

When we asked pilot Sowers about the discrepancy he told us he's not saying anything on the advice of counsel.

Sowers was done answering our questions. "Y'all are trespassing right now. So I need to be left alone. I'll see you later. Thank you."

The Franks say they have yet to get a refund from A Balloon Over Sonoma, but have since challenged the charge with their bank

Although the Franks walked away without injury and relieved that the 6-year-old survived, it wasn't what they expected.

"We didn't get the best experience out of it, but we were there for a reason, he's alive," Michael Franks said.

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