Just another site. The Court rules, however, that on the basis of the unsubstantiality and credibility of the evidence presented, he cannot find the absence of proper seat belts proximately caused the injuries and deaths. . Even if the FAA had known of Sizemore's negligence in failing to fulfill regulations governing his annual inspection of N464M, and had issued an emergency revocation of N464M's aircraft airworthiness certificate, such revocation would have only prevented this specific aircraft from being flown. A large aircraft is defined as any aircraft of more than 12,500 pounds, maximum certificated take-off weight. In this instance, after Hanson, as inspector, determined from his investigation, and Plummer's legal opinion that legal enforcement action would be appropriate, he forwarded a report and all documents to the Air Carrier District Office of Flight Standards, who had the duty to further investigate and concur with Regional Counsel upon sanctions to be sought. 61.16(a) (1) (1970), but the co-pilot was not. That lease was signed for Aero Data Link by John P. Kennedy, d/b/a Aero Data Link of Huntington, New York. Power conditions at impact of N464M were 2400 RPM, 165 BMEP (brake mean effective pressure) and 1400 BHP (brake horsepower). 43. The third party complaint of the United States filed herein against the State of Kansas and Wichita State University alleging negligence of the State of Kansas through its public corporation, Wichita State University, was the proximate cause of the air crash and seeking indemnification from the State of Kansas as a joint tortfeasor in case federal governmental liability is adjudicated as a joint tortfeasor, is not barred under the Eleventh Amendment to the Constitution of the United States, as is more completely set forth in the Court's Memorandum and Order previously filed herein on May 26, 1973. Upon reporting into Wichita Flight Service, the pilots used the name "Shocker" and an erroneous flight number to identify the aircraft. Prior to signing the agreement with Golden Eagle, Wichita State University did not investigate the legal status or qualifications of either Golden Eagle or the personnel of Golden Eagle who would fly as pilots. Martin 404 aircraft N464M was technically unairworthy on October 2, 1970, prior to its crash near Silver Plume, Colorado. Aircraft N464M utilized anti-detonation injection fluid at the time of its takeoff at Stapleton Airport. Add a Memory. Abram talked with the pilots but other than briefly viewing the lease and service contract, did not investigate the contractual arrangements whereby Golden Eagle personnel were piloting a large aircraft for hire and carrying passengers. SGT WILLIAM WALLACE ABSHEAR. Abram did not specifically advise Farmer the reason the trip might be a violation of regulations was because Golden Eagle was not certificated to operate large aircraft for hire, although this was the basis for Abram's opinion. 6. However, the viability of the misrepresentation contention appears not to have been analyzed by the Court. 1977). In Indian Towing, liability of the government was upheld under the Tort Claims Act for property damages occasioned when a vessel ran aground as a result of the Coast Guard's allegedly negligent failure to maintain the beacon light in a lighthouse. A person may lease a large aircraft to another without having to comply with Part 121 certification requirements of the Federal Aviation Regulations. On or about May 3, 1970, Golden Eagle principals met with Hanson to discuss their contractual relationship with Western Electric. The SWAP inspection may very well identify unsafe actions or procedures which may warrant legal enforcement action. 81. The elevation at Silver Plume, Colorado, is 9,118 feet M.S.L. Such an instance would be where a crew member is removed from flying status by the company and the FAA imposes a retroactive suspension of his airman certificate for the same period. 103. The decision will be made by Flight Standards, at the lowest level appropriate to the violation involved. On May 27, 1970, Loftin's office obtained further factual information about the ownership of the aircraft utilized by Golden Eagle and Western Electric. The NTSB report says most ground witnesses testified the engines appeared to be operating normally. Sept. 12: Texas A&M 41, WSU 14. . 26. Bruce Danielson, of Golden Eagle, explained by letter to the University that Golden Eagle's attorney advised substitution of aircraft leases was necessary "to keep peace with the Feds," and the University should "destroy" the old lease. He also was the person who federal officials said was most responsible for the crash. Plaintiffs state such unairworthy condition was the proximate cause of the air crash of October 2, 1970, which resulted in injuries and deaths of which plaintiffs herein complain. 2. Flight Standards' Analysis of Safety Implications. Renner, a 21-year old quarterback, was seated in the back of the plane along with most of the other survivors. The other pilot and two flight attendants were also killed. The checklist gives the flight crew knowledge as to how the aircraft systems and engines are operating, and whether the aircraft is safe to make a takeoff. It is to be hoped that resolution of this legal remedy may in part be able to recompense these plaintiffs. Golden Eagle could still have operated the flight on October 2, 1970, using a different aircraft. The elevation of Georgetown, Colorado, which N464M flew over as it entered Clear Creek Valley, is 8,512 feet M.S.L. An Oklahoma City bank account and post office box were also opened in Oklahoma City for Aero Data Link. The report says Skipper also admitted to making the decision to take the mountain route and that he was seated in the pilots seat on the left-hand side of the cockpit at the time of the accident. In pursuing this objective, the decision as to what constitutes the best remedial action in each case shall be made at the lowest operational level and within the framework of the procedures outlined below. The Federal Aviation Act of 1958 and Regulations adopted pursuant thereto create and establish an actionable duty on the part of FAA personnel to persons in the zone of danger, that is, air passengers, carrier pilots and personnel to carry out operational activities undertaken pursuant to the Act and Regulations in non-negligent manner. This facet of the inspector's job is accomplished, to a large degree, during the inspector's day-to-day work of surveillance as well as through counseling and advising the aviation community with whom he works. GENERAL PHILOSOPHY. Defendant alleges plaintiffs' claim is barred by the discretionary exemption to the Federal Tort Claims Act, and even were it not so barred, defendant's employees did not behave in a negligent manner. That case involved the causation and liability for the crash of an Eastern Airlines plane at Kennedy International Airport in New York City, in which it was held Eastern's flight crew and government FAA flight control personnel were jointly culpable. The flight planning for N464M called for a northbound departure from Denver, on established airways, via Laramie, Wyoming. Write your message of sympathy today. 73. All rights reserved. On October 2, 1970, total time on the airframe of N464M was 38,593 hours, 26 minutes; time since overhaul of the left engine was 1,011 hours, 5 minutes, and time since overhaul on the right engine 1,747 hours, 14 minutes. Plaintiffs herein are suing the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. The Court went on to differentiate such incidental misrepresentation occurring in financial or commercial transactions where the government was a party from those cases the government fails in an assumed duty to warn of a particular hazard. b. In his first deposition, Skipper testified had Golden Eagle been aware that the FAA considered it the "operator" of the Wichita State trips, the trip of October 2, 1970 might have continued under different documentation with the University responsible for purchasing fuel. An applicant for AI rating who meets FAA eligibility and experience requirements and passes certain oral, written and practical tests, is entitled as of right to an AI license. 60. In his inspection, Sizemore also failed to perform a landing gear retraction test; failed to examine X-rays of the engine mount prior to signing off the logbooks, although he did in fact see such X-rays at a later time prior to October 2, 1970; failed to perform a fabric check on the rudder; and failed to report the absent and useless seatbelts on the plane. Ingham v. Eastern Airlines, Inc., supra. The letter *392 stated: "Aero-Data-Link has been contacted and they have agreed to lease to you for your road games a Martin-404 type aircraft.". 95. Recent work: Interior modification lot remove/modify interior wall noc recv 8/26/08 det. The present case alleges a negligent failure on the part of a government employee to perform an operational duty undertaken to protect the safety of air travelers. Even had Abram investigated and understood the nature of the December 1, 1969 arrangement between Golden Eagle and Wichita State, he could have simply issued an administrative warning or sanction to or upon the parties or initiated legal proceedings which could have resulted in a fine or loss of Golden Eagle's certification. Copyright 2023 Echovita Inc. All rights reserved. DETERMINATION OF REMEDIAL ACTION. 16. In January 1988, Skipper was forced to retire when his FAA medical certificate was not renewed because tests showed he had suffered a heart attack. It is with deep sadness that the family of William "Bill" Wallace Jones of Williamsburg, Virginia. You can explore additional available newsletters here. 52. It is with deep sorrow that we announce the death of Ronald Skipper (Kalamazoo, Michigan), who passed away on January 31, 2023, leaving to mourn family and friends. "It's a beautiful day today," Dan Crocker, the pilot, reportedly told the passengers. The Court also found there is no persuasive evidence the crash of N464M was caused either wholly or in part by faulty landing gear, engine mounts, or fabric. Also, consideration must be given to the fact that those who carry persons or property by aircraft for compensation or hire have a duty to perform their services with the highest possible degree of safety. October 8, 1972 - January 31, 2023, Ronald Skipper passed away on January 31, 2023 in Kalamazoo, Michigan. 12. 2014532, with airframe and powerplant ratings. You can send your sympathy in the guestbook provided and share it with the family. At no time on October 2, 1970, from departure in Oklahoma City until his recollection ceased shortly before impact, did Skipper note any engine instrument indicating either engine was functioning outside its normal operational limits. I feel badly that it happened, of course. 30. On November 25, 1969, Danielson, of Golden Eagle, replied to Hanson's letter informing him the purposes of the November 23rd flight were to add a rating to Kennedy's and Danielson's licenses, to negotiate a little business in Wichita, and to have the pleasure of attending a football game. 79. 47. The Martin 404 suddenly went out of control seconds before it plummeted into a, ridge, said Ronald G. Skipper, the copilot and president of, the firm that furnished the crew. The agreement also stated the University would provide for passenger liability insurance to comply with FAA and CAB regulations. A seller of property approved for FHA mortgage insurance was required by the same Act to deliver, prior to sale, a written statement of the FHA appraisal value to the purchaser. Smith v. United States, 546 F.2d 872 (10th Cir. He stated he was employed by Golden Eagle to crew a DC-6A separately leased by Western Electric for purposes of carrying cargo for Western Electric. Section 901 of the Act provides for the imposition of a civil penalty of $1,000 for each violation and authorizes the Administrator to compromise any civil penalty to which a violator may be subject as a result of violations of Titles III, V, VI, or VII of the Act. The documents were not sent by Western Electric to the FAA Air Carrier District Office until October 5, 1970. It is the duty of the next level of flight Standards to again determine if further investigation is needed to build a legal enforcement case, and to determine, together with counsel, what sanctions should be applied. The Court is not prepared to find any of these possible courses would or would not have been properly taken. 49. Plaintiffs allege, however, that the injuries and deaths complained of were caused by missing or defective seat belts, and offered evidence to the effect that had such seat belts been operational and fastened, many more persons would have survived the crash. 4. Field personnel will recommend either civil penalty or certificate action. We welcome you to provide your thoughts and memories on our . Lyster, Martha Stuart Tate 8 entries. After trial of the liability issue of this action and after considering the evidence, the credibility of witnesses, and the excellent briefs of counsel, the Court has made certain Findings of Fact, Conclusions of Law, and Opinion of the Court, as hereinafter set forth.