Brown . 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. The maximum certified gross weight for takeoff of a Martin 404 aircraft at Denver, assuming airport elevation to be 5,330 feet above mean sea level (M.S.L. This aspect should be carefully considered, bearing in mind that those who carry persons or property for compensation or hire have a duty to perform their services with a high degree of safety. 109. Echovita Inc is a registered trademark. On June 3, 1970, Danielson, of Golden Eagle, wrote Farmer, of Wichita State University, submitting "a proposal and recommendation for charter air service year 1969-1970 basketball road games." It was the first time Ive been to a mountain since the crash, Lewis told the Topeka Capital Journal 13 years ago. The agreement also stated the University would provide for passenger liability insurance to comply with FAA and CAB regulations. 13. Without such inspection and certification, the airworthiness certificate is invalid, although it may physically remain in the aircraft. Third-party defendants deny negligence, contend even if they were negligent as alleged, such would be only passive negligence, and assert indemnification in favor of the United States is not rationally justified as a matter of justice, equity or public policy. *395 71. Inspectors should be encouraged to seek advice and counsel from their supervisors or Regional/Area Offices when there is any question or doubt as to the appropriateness of their recommendation. The insurance would be issued up to a certain percentage of the appraised value. Investigation. Write your message of sympathy today. 42. 1977). Aero Data Link leased the DC-6A aircraft involved in the April 6, 1970, contract with Western Electric from Concare Aircraft Leasing Corporation of Tulsa, Oklahoma. Hanson lectured Skipper, Danielson and Kennedy to disassociate the name of Golden Eagle from large aircraft operations, although he admitted they could, as properly licensed individuals, pilot such aircraft if the plane were separately leased by the operator. He pastored First Baptist Church of Loris and Kittiwake Baptist Church in West Columbia. 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. Plaintiffs also contend as a separate cause of action against the United States that an Authorized Inspector (AI), while acting in the cause and scope of employment for the United States, carelessly and negligently inspected, examined, tested, licensed and certified as airworthy the aircraft, when in fact such aircraft was not airworthy but unfit and unsafe to fly, thus proximately causing plaintiffs' damages. The principal objective of the FAA compliance and enforcement program is to promote aviation safety and protect the public interest by obtaining compliance with the Federal Aviation Act and regulations issued thereunder. 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. On October 2, 1970, aircraft N464M and N470M were owned by Jack Richards Company, Oklahoma City, Oklahoma. An obituary is not available at this time for Ronald Skipper. Since the United States has no liability as a tortfeasor, the Court finds it unnecessary to adjudicate any possible claimed tort liability against the State of Kansas. 2680(a) excepts from Tort Claims Act provisions: Courts have struggled to define discretionary functions or duties as applied to administrative officials since the adoption of the Federal Tort Claims Act. After intercepting Clear Creek Valley, N464M proceeded along and slightly south of U.S. Highway 6 past Georgetown and Silver Plume, Colorado, toward Loveland Pass. 141. Defendant next contends that even if Sizemore were an employee of the United States at the time of his inspection and certification of N464M, plaintiffs' cause of action is barred by the misrepresentation exception to the Federal Tort Claims Act, 28 U.S.C. Martin 404 aircraft N464M was technically unairworthy on October 2, 1970, prior to its crash near Silver Plume, Colorado. Dr. Randall Jones will officiate. 65. 74. 26. In 1970, the responsibility for investigating suspected violations of Part 121 was vested in Air Carrier District Offices. Through the efforts of Golden Eagle, Wichita State University also entered into an agreement, dated November 22, 1969, with Aero Data Link, a company formed and operated by John Kennedy, a *390 vice-president of Golden Eagle, for the lease of an aircraft for the 1969-1970 basketball season. The FAA does not pay nor otherwise compensate AI's for performing annual inspections of aircraft. We know four alternative names for he: Ron E Skipper, Ronald Skinner, Ron Skipper, Ronald Skipper. This story is the first-hand account of the only surviving crew member, Ron Skipper, co-pilot on that flight. 9. The Federal Aviation Act of 1958 specifically charges the Administrator with the responsibility of regulating both civil and military operations in the airspace in the interest of safety. During the flight to Denver, he visited passengers in the cabin, telling them they would be taking a more scenic route than the original flight plan. Order 1000.9, dated March 14, 1965. Many cases cited by defendant as applying the negligent misrepresentation exemption do fit within the definition outlined in Neustadt and concern misrepresentations relied upon in the conduct of plaintiffs' economic affairs. Conversely stated, the misrepresentation exception will be applicable if either of two events occur: (1) any governmental duty under a statute or regulation is incidental or secondary to the primary statutory purpose; or (2) the injury stems proximately from a misrepresentation of facts based on either negligent or non-negligent conduct, rather than upon the conduct itself. Because duties of high-ranking officials usually entail obvious policy-making functions, the question of whether duties are discretionary for lower level agency personnel is more complex. b. He and the two other partners who had formed Golden Eagle Aviation were all pilots who had been furloughed from the same company, Saturn Airways. Funeral services for Dr. Ronald Kevin Skipper, 56, of Blythewood, will be held at 1:00 PM Monday, November 23, 2015 at Northside Baptist Church, 4347 Sunset Boulevard, Lexington, SC 29072. Administrative enforcement action (Safety Compliance Notice or Letter of Correction) should not be used where the violation was willful or deliberate. 61.16(a) (1) (1970), but the co-pilot was not. In support of his holding, Judge Edenfield said: At the risk of oversimplifying what my learned colleagues have carefully and correctly, I believe, analyzed at length, this Court will attempt to synthesize the criteria necessary for successful recovery under the Tort Claims Act. Part A of the Court's "Memorandum and Order on Dispositive Motions," filed January 31, 1977, addresses this issue more comprehensively and is included herein by reference. Discharged in Key West, FL, . Subsequently, by stipulation of the parties in the Final Pretrial Order herein, it was agreed the liability issues as concern the liability of the United States and the liability, if any, of Wichita State University and the State of Kansas as an alleged tortfeasor to the United States as an alleged co-tortfeasor under the third-party complaint, be first tried and determined by this Court. 76. 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. The Captain for N464M, Danny E. Crocker, had been hired by Golden Eagle Aviation, Inc., as a mechanic, and was used only occasionally as a pilot on an "individual contractor" basis, according to Mr. Skipper. *385 *386 Lawrence J. Galardi, Magana & Cathcart, Los Angeles, Cal., Co-liaison Attys., for plaintiffs. The trip proposal, as distinguished from the actual operation of an aircraft, did not constitute a violation of regulations. Ronald G. Skipper, 34 years old, also President of Golden Eagle Aviation, Inc.' which sup plied the crews for the school's football flights, said that Wichi ta State had signed a $24,000 . 129. : Indian Towing Company v. United States,350 U.S. 61, 76 S. Ct. 122, 100 L. Ed. The plane then levelled and there was a surge of power to the engines just before the plane began hitting tops of trees on the side of the mountain. 4. Ingham v. Eastern Airlines, Inc., supra. The Clerk of this Court is hereby directed to enter judgment in conformity with this Opinion as to the various plaintiffs and the United States as a defendant, and as to the United States and Wichita State University, a public corporation, and the State of Kansas, relative to the third-party complaint of the United States. Abram also consulted FAA Regional Counsel in Kansas City as to the legality of the operation and what steps he should take. Across the end of the valley at the Loveland Ski Resort area, the ground rises from the valley floor at 10,600 feet M.S.L. They took the position the contractual arrangement between Western Electric and Golden Eagle was not in violation of the Federal Aviation Regulations because Western Electric had maintained operational control of the aircraft. N464M flew into the Valley at an approximate altitude of 8,384-9,840 feet M.S.L., and it had climbed to only approximately 11,000 feet by the time it was near Dry Gulch. 1 Houston, How Wichita State basketball coach Billy Kennedy hasnt let Parkinsons slow him down, While others shy away, Wichita States Craig Porter sees opportunity in the mid-range, Who I do it for: WSUs Jaron Pierre puts on a show for family in New Orleans homecoming. As a subscriber, you have 10 gift articles to give each month. . 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. Mr. Ralph J. Skipper, "Skip", 74 of 4224 North Kinsley Ave. Richmond VA, entered into eternal rest on Thursday morning, March 11,2021 after a period of declining health at VCU Medical Hospital. Prior to departure from Stapleton Airport, co-pilot Skipper advised the pilot the aircraft would proceed over a scenic route of flight via Loveland Pass rather than flying the established airways from Denver to Logan, Utah. Leave your condolences and send flowers to the family to show you care. For my Baby Brother. c. Flight Standards and CounselSelection of Sanction. Leave a sympathy message to the family on the memorial page of Thomas Ronald Pilot to pay them a last tribute. The flight planning for N464M called for a northbound departure from Denver, on established airways, via Laramie, Wyoming. On Wednesday, February 22, 2023, Margaret V. Savage gained her wings and went to be with the Lord. However, the elemental safety precautions the Court has found were ignored by Golden Eagle personnel piloting N464M on October 2, 1970, were also required under Part 91 of the Regulations for all General Aviation. 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. . 58. In those cases which are being processed for legal enforcement action, using the reporting inspector's analysis and recommendations, Flight Standards is responsible for an independent analysis of the facts and safety impact of each violation. 1959); Western Steel Buildings, Inc. v. Adams, 286 F. Supp. 99. 1625375, with ratings for airplane multi-engine land, DC-3, DC-6, DC-7, and commercial privileges for Martin 202 and Martin 404 aircraft, and airplane single engine land. 2. Occasionally the digitization process introduces transcription errors or other problems; we are continuing to work to improve these archived versions. On July 23, 1970, the Oklahoma City GADO obtained and forwarded a copy of the aircraft lease agreement between Concare Aircraft Leasing Corporation and John P. Kennedy, d/b/a Aero Data Link of Huntington, New York. Funeral Home . 49. Defendant, in its third-party claim, alleges the State of Kansas, through its public corporation, Wichita State University, was actively negligent in the selection of Golden Eagle Aviation, Inc., who supplied the aircraft, crew, and services, and in the conduct of the University's aviation transportation operations, and such negligence was a proximate cause of plaintiffs' damages. PURPOSE. In cases being processed for legal enforcement action, sanctions imposed by Counsel will be the product of joint decision between Flight Standards and Counsel. The agreements dated April 6, 1970, between Western Electric and Golden Eagle, and Western Electric and Aero Data *391 Link were formally entered into after April 6th and backdated. However, such liability of the State of Kansas, being solely contingent upon a judgment of liability in this cause against the United States, the State of Kansas has no liability herein. IT IS SO ORDERED at Wichita, Kansas, this 6th day of October, 1977. At that time they discussed with representatives of Wichita State University, Golden Eagle's role in organizing transportation for the University basketball team during the 1969-1970 season. Im glad I went.. Skipper not only disagreed with the findings of the NTSB report, he also was unhappy with the way the hearings were conducted. However, such technically unairworthy condition was not a proximate cause of the crash. They were thanked and told that the matter would be investigated. The aircraft N464M arrived at Stapleton International Airport, Denver, Colorado, at approximately 11:19 a. m. On May 22, 1970, Hanson sent a copy of the Western Electric-Golden Eagle service agreement to Donald W. Loftin, a Regional FAA Enforcement Specialist, for further investigation. AIR CARRIER (Air Carriers, Commercial Operators and their Employees.) AGE 40s Ronald W Skipper Jr Harvey, LA View Full Report Aliases Used To Live In Relatives Ronnie W Skipper New Orleans, LA Baton Rouge, LA 3. The documents were not sent by Western Electric to the FAA Air Carrier District Office until October 5, 1970. Until the final seconds before the Wichita State football charter crashed, co-pilot Ronald Skipper was at the controls. In that case the Court found requirements directing agency personnel as to "warnings, precautionary language and `directions for use' were phrased in terms of general policy standards to be applied by the agency." At all times relevant to events discussed herein, the following persons were employees of the Federal Aviation Administration (FAA) and were acting in the course and scope of their employment: (a) Melvin Hanson; (b) Billie Lee Abram; (c) Norman H. Plummer; (d) F. C. Woodruff. 33. This statement was received by the FAA on May 16, 1970. He acted in the capacity of a first officer because he did not have a type rating on the 404. Think you know famous fathers and their celebrated sons and daughters? N464M departed Denver's Stapleton Airport on October 2, 1970, and proceeded north until the aircraft intercepted the airway between Denver and Kremmling, Colorado, at which point the aircraft turned west and subsequently turned slightly south off of the established airway, proceeded past Nevadaville, and intercepted Clear Creek Valley in the vicinity of Idaho Springs, Colorado. He has lived a full life, traveled to far-off lands and now is working on becoming a writer. The Court has noted that litigation presently exists in the Kansas state courts on the last existing avenue of recovery, i. e., the contractual liability aspect involving the contract between Wichita State University and Golden Eagle, in which the University agreed to carry passenger liability insurance. 77. 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 Supreme Court has definitively analyzed the misrepresentation exception to the Tort Claims Act in Neustadt. If Counsel does not concur in the Flight Standards recommendation, he shall consult with Flight Standards and attempt to reach agreement. 133. The Investigating Inspector, in coordination with the Supervising Inspector, in whose assigned area the violation was detected is responsible for: (1) TAKING administrative enforcement action (except for Letter of Reprimand in which case the appropriate Regional/Area Office is the responsible level); or. An Authorized Inspector (AI), while performing inspection duties, is an employee of the FAA, as defined in and for purposes of the Federal Tort Claims Act. Get free summaries of new District of Kansas US Federal District Court opinions delivered to your inbox! In that agreement Golden Eagle agreed to provide Wichita State University with two pilots properly qualified to operate DC-3 type aircraft, one female stewardess, fuel, oil, ground services, and meals for nineteen passengers on twelve separate occasions, and to transport the passengers to the nearest suitable airport most convenient to Wichita State University requirements. 95. Skipper said that before the crash, the FAA was trying to pass legislation to regulate more closely large charter flights and used the accident to further its political goals. At all material times, AI's were not required to notify the FAA when they were performing, or had completed, an annual inspection. The distance to the lowest point (12,517 feet M.S.L.) Baker & Co. Funeral Home & Crematory - Downtown Suffolk, Altmeyer Funeral Homes & Crematory - Southside Chapel - Virginia Beach, Hollomon-Brown Funeral Home & Crematory - Great Bridge Chapel. 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. Western Electric's representatives stated they would make necessary arrangements to obtain this material and a statement would be forwarded. to 12,700 feet at the Continental Divide. (a) The appropriate Region/Area Office determines the kind and severity of legal enforcement action. On November 23, 1969, the principals of Golden Eagle flew a DC-3 into the Wichita Airport, purchased fuel under the name "Golden Eagle," and attended a Wichita State University football game. 28 U.S.C. 23. The distance from Dry Gulch to Loveland Pass is approximately two miles. Cancel anytime Golden Eagle appealed the FAA Emergency Orders of Revocation to a National Transportation Safety Board Hearings Examiner, who affirmed the FAA Orders on November 25, 1970. He describes the crash of the plane carrying the WSU football team as a dreadful thing, pointing out that he had become close to several players on the team and several members of the athletic department who died.