Judge: FAA Must Pay Crash Victim's Family $4.5M

[CaptJax]

Judge: FAA must pay crash victim's family $4.5M


Monday, August 4, 2008


(08-04) 19:42 PDT Los Angeles, CA (AP) --
The Federal Aviation Administration has been ordered to pay $4.5 million to the family of a flight instructor killed in a helicopter collision in 2003.
The money was awarded to Robert Bailey's widow and three children after they won a wrongful death lawsuit filed against the FAA and the federal government.
U.S. District Judge Florence-Marie Cooper ruled against the FAA in May, blaming an air traffic controller for the collision of two helicopters that collided at the Torrance Municipal Airport.
Cooper said the controller gave confusing instructions to a student pilot that caused his helicopter to crash into the one piloted by Bailey. Both pilots were killed and a third was severely injured.
Cooper awarded Bailey's family the $4.5 million on Friday. She noted in her ruling that the 55-year-old Bailey was "a highly exceptional man upon whom each of the plaintiffs was strongly emotionally dependent." She also awarded $268,206 in lost earnings and household services to his widow Melanie Bailey and his 16-year-old daughter Serra Bailey.
FAA spokesman Ian Gregor said he was unable to comment on the award because he was not able to reach the agency's attorneys in Washington, D.C. on Monday afternoon.
In an accident report released in May 2007, National Transportation Safety Board investigators concluded that the student pilot's "failure to comply with (air traffic control) clearance" caused the crash.

 

[CaptJax]

NTSB Synopsis

NTSB Identification: LAX04FA037B
14 CFR Part 91: General Aviation
Accident occurred Thursday, November 06, 2003 in Torrance, CA
Probable Cause Approval Date: 5/29/2007
Aircraft: Robinson R44, registration: N442RH
Injuries: 2 Fatal, 1 Serious.A Robinson R22 Beta II and a Robinson R44 collided in midair while in the traffic pattern. The R22 pilot did not broadcast that he was a student pilot, and the controller did not think that the R22 pilot was a student pilot based on the quality of his radio transmissions. The R22 pilot had been practicing at a helipad north of runway 29R, and was returning to his parking area on the ramp south of runway 29L. The R44 pilot was departing from runway 29L on a touch-and-go. The R22 was above the R44, and descending to the southwest while the R44 was climbing straight ahead on runway 29L at the time of the collision. A tower controller instructed the R22 pilot to hold when he requested to go from the helipad to parking. After traffic passed, the controller advised him that he could proceed in right traffic flying a downwind traffic pattern for runway 29R to the helipad. The R22 pilot requested takeoff to land at his parking area. The controller instructed him to fly westbound. A few seconds later, the controller cleared the R44 pilot for the touch-and-go option on runway 29L, and in the same transmission cleared the R22 pilot to make a right turn to the downwind on runway 29R. About 45 seconds later, the controller informed the R22 pilot that he could expect a clearance to cross midfield when the controller got a chance. About 20 seconds later, the controller instructed the R22 pilot to turn right. About 30 seconds after that, he cleared the R22 pilot to land on runway 29R; the R22 pilot acknowledged about 5 seconds later with his call sign. The controller immediately transmitted for him to turn right, and cleared him to land on runway 29R. There was no further communication from the R22 pilot. The R22 was still in a position to turn and land on runway 29R. It began a right turn, but then instead of landing on the runway, it crossed 29R and continued descending toward 29L at a continuously reducing angle. The controller had looked away to work other traffic. As he turned to inform the R44 of the R22 landing on the parallel runway, he observed the collision. Reconstruction of the collision geometry placed the R22 above and slightly forward of the R44, and on a similar track. Based on a visibility study, once the R22 pilot turned toward his pad while he was north of runway 29R, he was not in a position to see the R44. During the takeoff, the R44 pilot was not in a position to see the R22 prior to impact.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
the failure of the pilot of the R22 to comply with an ATC clearance.

 

[nosehair]

I'm sooo confused!

The NTSB report concludes it is pilot error - failure to comply. Why are we (you and me out of our tax dollars) paying as if it were a controller error??

 

[sqwkvfr]

Because a court of law is no place for the truth.