Speiser Krause in the News and Recent Developments

On Thursday, May 3, 2018 the National Transportation Safety Board issued an update in connection with its ongoing investigation concerning the fatal mid-air Southwest Airlines Flight 1380 engine failure.  The Investigative update can be found here.

On April 20, 2018, the Federal Aviation Administration issued Emergency Airworthiness Directive (“AD”) 2018-09-51 that incorporated, in part, a Service Bulletin (“SB”) 56-7B 72-1033 issued by CFM International, S.A., the manufacturer of the engine that failed in-flight on April 17, 2018, that killed a passenger.  An AD is a rule published by the FAA that requires certain actions be completed for an aircraft to be considered airworthy. 

On Tuesday, April 17, 2018 at 10:27 a.m. Southwest Airlines Flight 1380 departed New York’s LaGuardia Airport bound for Dallas, Texas.  As the aircraft was climbing to cruising altitude west of Philadelphia, passengers described what sounded like an explosion from the left side of the aircraft.  As alerts and alarms blared in the cockpit, the aircraft experienced a rapid decompression and oxygen masks dropped from the cabin ceiling.

On March 26, 2018, the National Transportation Safety Board released its Preliminary Report in connection with its investigation into the helicopter crash.  The Preliminary Report, a copy of which can be found here, sets forth a brief synopsis of the facts relating to crash based upon preliminary examination of the aircraft wreckage and an interview with the surviving pilot.  The Report contained a discussion of the pilot’s prior flights on the day of the accident, as well as his supposed safety briefings that he gave the passengers prior to the accident flight, including apparently the manner in which the passengers were to extricate themselves in the event of an emergency landing.

On March 22, 2018, the Federal Aviation Administration issued an Emergency Order of Prohibition, No. FAA-2018-0243, prohibiting the use of supplemental passenger restraint systems in “doors open” or “doors off” commercial flights that cannot be released quickly in the event of an emergency.  The Prohibition Order also prohibits such flights unless the passengers are at all times properly secured using FAA-approved restraint systems.

The Federal Aviation Administration as well as the National Transportation Safety Board has taken certain safety measures in the wake of the crash of the March 11, 2018 Liberty Helicopters “doors open” aerial photography flight. On Friday March 16, 2018, the FAA issued a temporary flight ban of all “open door” helicopter flights until proper safety harnesses are installed in those helicopters that would permit passengers to open the safety harnesses with a “single action” thereby allowing passengers to extricate themselves from the safety harness in the event of an emergency landing.

On March 11, 2018, an AS350B2 series model helicopter operated by Liberty Helicopters, Inc., and owned by Meridian Consulting I Corp., Inc., crashed into the East River at approximately 7 p.m.  All five passengers were killed, and the pilot escaped unharmed.  While the cause of the crash is under investigation, the pilot issued a “mayday” call shortly before impact indicating that the helicopter suffered engine failure. 

On Tuesday, November 10, 2015, a British Aerospace BAe-125-700A jet bearing serial number NA-0252, owned by RAIS Group International NC, LLC, crashed into a residential apartment building during its approach to Runway 25 at the Akron Fulton International Airport located in Akron, Ohio.  Tragically, all seven passengers, all principals and employees of south Florida-based Pebb Enterprises, were killed along with the flight crew.

The aircraft, which was being operated as a charter flight by ExecuFlight, Inc., departed from Fort Lauderdale, Florida the day prior to the crash making stops in Minneapolis, Moline, St. Louis, and ultimately Cincinnati, Ohio, where the passengers and crew spent Monday evening.  The aircraft then departed Cincinnati for Dayton Tuesday morning, and was on its way to Akron, Ohio when the tragedy occurred.  

The National Transportation Safety Board is leading the investigation and the cockpit voice recorder has been recovered and sent to the NTSB’s lab in Washington, D.C. for analysis.  No distress calls were received from the aircraft prior to the crash.  Parties to the investigation include Beechcraft Corporation who is the current type certificate holder for the accident aircraft as well as Honeywell International, the engine manufacturer.

The investigation will undoubtedly focus on the actions of the flight crew, mechanical issues, as well as weather in the vicinity of the airport at the time of the crash.  Weather was reported to consist of fog and mist with visibility of two miles.  The Akron Fulton International Airport is an uncontrolled airport, which means that there is no air traffic control tower located at the airport.  Air traffic control services are provided by Akron-Canton Approach Control for the airport.  The NTSB has interviewed a certified flight instructor who landed immediately prior to the accident aircraft. The flight instructor pilot reported that after landing he radioed the accident aircraft to advise that he "broke out [of the cloud layer] right at minimums." He further reported that the accident aircraft acknowledged this transmission by stating, "Thanks for the update." This was the last known communication from the accident aircraft.

Speiser Krause has represented numerous passengers arising from private jet charter operation crashes as well as involving the make and model of the accident aircraft.  There are a host of legal issues which could impact victims’ rights, including the application of the General Aviation Revitalization Act (“GARA”) which in certain circumstances can limit the ability to file suit against an aircraft or component manufacturer if the failed component is more than 18 years old.  The partners at Speiser Krause are available to answer any questions you have concerning this tragedy.

Partner Jeanne O'Grady to address the prestigious European Air Law Association on the availability of moral damages in global litigation arising from an aviation disaster.

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Partner Douglas Latto will be a featured speaker at the AVICON Aviation Insurance Conference discussing the plaintiff's perspective on aviation accident litigation.