Aaron Cooper, left, watches as Garrett Bradley empties a gasoline tank Feb. 15, 2011, on a single-engine 1966 Cessna 150G that crashed on the lawn of the Jones Center. Cooper and Bradley of Dawson Aircraft in Clinton were hired to take the plane to their facility.
FAYETTEVILLE, Ark. (AP) - A Washington County judge has dismissed a lawsuit over an airplane crash in Springdale on procedural grounds.
The Northwest Arkansas Times (http://bit.ly/P1S09S) reports Circuit Court Judge Joanna Taylor threw out the case on Thursday, saying plaintiff Barry Gilbow's attorneys didn't present evidence of what caused the crash during the trial.
Gilbow was seeking $250,000 in damage from Jimmy Crawford. At issue was whether Gilbow or Crawford was responsible for the accident.
A National Transportation Safety Board investigation determined the plane ran out of fuel Feb. 12, 2011, but neither side put the agency's report into evidence.
Gilbow's attorney, Mark Ford, asked Taylor to allow him to reopen his case and present more evidence, but she said there was no basis in state law that would allow her to do that.
Information from: Northwest Arkansas Times, http://www.nwaonline.com
NTSB Identification: CEN11LA188
14 CFR Part 91: General Aviation
Accident occurred Saturday, February 12, 2011 in Springdale, AR
Probable Cause Approval Date: 06/13/2011
Aircraft: CESSNA 150G, registration: N3257J
Injuries: 2 Minor.
While on final approach to the destination airport, the airplane experienced a loss of engine power. The airplane impacted terrain in a nose low attitude and came to rest adjacent to a fence, several hundred yards short of the runway, resulting in substantial damage. During the recovery of the airplane a total of 1.75 gallons of fuel was recovered from both wing fuel tanks. The fuel tanks had not been compromised and had an unusable fuel total of 3 gallons. The commercial pilot reported to law enforcement personnel that they had not refueled prior to the return flight.
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The pilot’s improper fuel management, which resulted in a loss of engine power due to fuel exhaustion.
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