The May 4 complaint against Avco Corp., Lycoming Engines and other manufacturers involves a flight that took off from Oakland County International Airport on June 21, 2013.
When the plane was just a couple of hundred feet off the ground, it began suffering a power loss and "never recovered sufficient power to continue the flight," according to the complaint in the Philadelphia Court of Common Pleas.
The plane ultimately crashed into the ground and caught fire, killing Sandra Haley, 53, Jamie Jose, 35 and two others.
Haley's and Jose's families filed the May 4 complaint, which goes into minute detail that the terror these passengers endured in their final moments.
Jose, the father of three minor children, "suffered multiple skull fractures," among other injuries, and died in the crash, according to the complaint.
Haley made it to the hospital with burns to 65 percent of her body but was pronounced dead within hours, her mother says.
"She was heard screaming after the plane crashed and exploded," the complaint states.
The families say Pennsylvania-based Avco and its subsidiaries, Lycoming Engines and Avco Lycoming-Textron Williamsport, fraudulently concealed loose screws, crush-prone gaskets and a defective float system on their Lycoming O-320-E2D engine. Avstar Fuel Systems, a parts manufacturer for Lycoming engines, is also names as a defendant, as is D&G Design, the repair station "responsible for the airworthiness of the accident carburetor for use in the" engine that failed during Haley and Jose's flight.
Haley and Jose's families say these companies knew that the engine and its carburetor had a long history of malfunctions prior to this crash, but concealed this knowledge from the Federal Aviation Association and other aircraft regulatory authorities during and after the engine's certification process.
In particular, the defendants allegedly knew or should have known that crush-prone carburetor gaskets could result in an engine being unable to generate power.
The defendants also allegedly failed to provide adequate safety warnings or maintenance instructions to aircraft engine owners, including the owner of the Cessna aircraft involved in the fatal accident, according to the complaint.
Though the defendants overhauled the accident aircraft's engine in 2008, they failed to fix the defects they knew were present, the families say.
The families seek punitive damages for negligence, recklessness, strict product liability, fraud, and breach of implied and express warranties.
They are represented by Cynthia Devers of the Philadelphia-based Wolk Law Firm.
NTSB Identification: CEN13FA364
14 CFR Part 91: General Aviation
Accident occurred Friday, June 21, 2013 in Waterford, MI
Probable Cause Approval Date: 02/10/2014
Aircraft: CESSNA 172M, registration: N9926Q
Injuries: 4 Fatal.
NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
Air traffic control tower personnel saw the airplane lift off the runway and attain an altitude of about 100 feet. A pilot approaching the runway for landing saw the airplane lift off and noticed it was not climbing. He saw the airplane "lagging" and "wallowing in the air with flaps extended." Shortly after, the accident pilot advised an air traffic controller that he was "a little overweight" and would need to return to the airport and land. The air traffic controller cleared the airplane to land on the parallel runway or the grass area surrounding the runways. The pilot did not respond. Several witnesses near the airport, including the pilot in the landing airplane, saw the accident airplane impact the ground and burst into flames. A postaccident examination revealed that the wing flaps were fully extended (40 degrees). Weight and balance calculations indicated the airplane was slightly under maximum gross weight. Postaccident examinations revealed no evidence of preimpact mechanical malfunctions or failures that would have precluded normal operation.
The pilot received his private pilot certificate almost 2 months before the accident and had flown a Cirrus SR20 almost exclusively. He reportedly had flown the Cessna 172, the accident airplane make and model, for a few hours, but this report could not be confirmed. Cirrus SR20 takeoffs are normally made using 50 percent flaps, whereas Cessna 172M takeoffs are normally made with the flaps up. The pilot most likely configured the airplane incorrectly for takeoff and the airplane was unable to climb due to his lack of familiarity with the airplane make and model.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The pilot's failure to retract the wing flaps before attempting to take off, due to his lack of familiarity with the airplane make and model, which prevented the airplane from maintaining adequate altitude for takeoff.
HISTORY OF FLIGHT
On June 21, 2013, about 1340 eastern daylight time, a Cessna 172M, N9926Q, impacted terrain during takeoff at the Oakland County International Airport (KPTK), Waterford, Michigan. The pilot and three passengers were fatally injured. The airplane was destroyed. The airplane was registered to and being operated by Flight 101, LLC, Waterford, Michigan, under the provisions of 14 Code of Federal Regulations Part 91 as a personal flight. Visual meteorological conditions (VMC) prevailed, and no flight plan had been filed. The local flight was originating at the time of the accident.
According to Federal Aviation Administration (FAA) records, the pilot of N9926Q contacted KPTK ground control at 1328 and requested taxi instructions for a visual flight rules (VFR) flight to the west. He indicated he had received the current Automatic Terminal Information Service (ATIS) information. At 1338, KPTK local control cleared N9926Q for takeoff on runway 09L from intersection M (Mike). Control tower personnel saw the airplane lift off the runway and attain an altitude of about 100 feet. Shortly thereafter, at 1340, the pilot advised that he was "a little overweight" and would need to return and land. He was cleared to land on runway 09R or on the grass area surrounding the runways. There was no reply. The airplane was seen to impact the ground. A post-crash fire ensued.
There were several witnesses to the accident. One witness was working in a nearby hangar and heard an airplane having "engine trouble." He saw the airplane about 100 feet in the air and the engine was "spitting and sputtering." The airplane was crabbing about 30 degrees while flying straight in line with the runway. The engine became "quiet," then regained power and began "spitting and sputtering" again. The airplane then descended in a nose-down attitude, impacted the ground and spun around.
Another witness, a pilot, was approaching runway 09L for landing. As he turned onto the base leg for runway 09L, N9926Q lifted off the runway. The pilot-witness noticed the airplane was not climbing as it should and it appeared the flaps were extended. As he turned onto final approach for landing, he saw the airplane "lagging" and "wallowing in the air with flaps extended." As he flared for landing, he heard the pilot of N9926Q tell the control tower that he was a little overweight and needed to return. The witness then saw the airplane about 100 to 200 feet in the air over the threshold of runway 27R, and its wings were "shaky." The left wing dipped and the airplane descended, struck the ground with its left wing, and pivoted 180 degrees. When the airplane struck the ground, a big divot of dirt was thrown into the air. A fire ball erupted about 3 to 5 seconds after impact.
PERSONNEL INFORMATION
The pilot, age 19, enrolled in Western Michigan University's (WMU) FAA-approved 49 Code of Federal Regulations Part 141 flight school on August 28, 2012, flying the Cirrus SR20 exclusively. He received his private pilot certificate with an airplane single-engine land rating on May 2, 2013. He held a first class airman medical certificate, dated October 9, 2012, with the limitation that he must wear corrective lenses while exercising the privileges of his pilot certificate. He had recently been accepted as a midshipman at the United States Naval Academy. The accident occurred a little more than a month after he received his pilot's certificate.
The pilot's logbook was never located. According to the FAA and WMU training records, when the pilot took his private pilot practical test on May 2, 2013, he had logged 52.3 hours total time, of which 42.2 hours were dual instruction. The pilot had reportedly flown a Cessna 172 for a few hours when he was in Florida, but this report could not be substantiated.
AIRCRAFT INFORMATION
N9926Q, serial number 17265870, was manufactured by the Cessna Aircraft Corporation in 1976. It was powered by a Lycoming O-320-E2D engine, serial number L-40946-27A, rated at 150 horsepower, driving a McCauley 2-blade, all-metal, fixed pitch propeller (model DTM7553, serial number 728396).
According to the aircraft maintenance records, the last annual and 100-hour inspections were done on May 23, 2013, at a tachometer time of 3,467.3 hours. At that time, the airframe and engine had accrued 17,949.3 hours and 13,016.8 hours, respectively, and 2,352.8 hours had elapsed since the last engine major overhaul. At the accident site, the tachometer read 3,539.5 hours.
METEOROLOGICAL INFORMATION
The following weather observations were recorded by KPTK's Automated Surface Observing Station (ASOS) at 1321:
Wind, 130 degrees at 6 knots; visibility, 10 statute miles; sky condition, 9,000 feet scattered, ceiling, 15,000 feet broken, 25,000 feet overcast; temperature, 28 degrees Celsius (C.); dew point, 17 degrees C.; altimeter, 30.17 inches of mercury.
AERODROME INFORMATION
Oakland County International Airport (KPTK) is located in Waterford, Michigan, about 5 miles west of Pontiac, Michigan. It is situated at an elevation of 981 feet msl (mean sea level), and is served by 3 runways: 09R-27L, 09L-27R, and 18-36. At the time of the accident, N9926Q was taking off on runway 09L-27R (5,676 feet x 100 feet, asphalt, porous friction course overlay).
WRECKAGE AND IMPACT INFORMATION
N9926Q started its takeoff roll on runway 09L from intersection M (5,320 feet of runway available). The airplane impacted terrain slightly to the left and just past the departure end of the runway at a location of 42 degrees, 40.035' north latitude and 83 degrees, 24.742' west longitude.
The on-scene investigation revealed the airplane impacted terrain in a nose-low, left wing-low attitude. There was a ground scar, measuring 7 feet long and 4 feet wide and aligned on a magnetic heading of 060 degrees, extending from the initial impact point to the wreckage. Upon impact, the airplane rotated approximately 180 degrees, coming to rest on a magnetic heading of 300 degrees. The cockpit area was consumed by post-impact fire. The airplane was equipped with seat belts and shoulder harnesses, but the webbing had been burned away.
The propeller blades bore chordwise and spanwise scratches on the camber surfaces. One blade had separated at mid-point. The separated piece was found in the impact crater, and was bent 90 degrees forward. The other blade bore a slight S-bend along its length.
The flap handle was burned away. The flap gage registered 0 degrees, but it had been burned and the needle was free to move. The wings flaps were full down. The flap actuator measured approximately 5.8 inches, which equated to flaps fully extended (40 degrees). The elevator trim tab measured between 0 and 5 degrees tab up.
After cleaning off the soot from the instrument glass, the airspeed indicator registered 0 KIAS (knots indicated airspeed), and the heading indicator was aligned with 245 degrees. The vertical speed indicator was unreadable. The altimeter read 2,660 feet, and the Kollsman window was set to 30.15 inches of mercury. The tachometer read 0 rpm and the recorder read 3,539.5 hours. The master switch was on, and the magnetos were on BOTH although the key was broken off. The fuel selector handle was separated from the fuel selector valve. The valve was not located. The emergency locator transmitter (ELT) activated on impact and was turned off by first responders. Control continuity was established.
There was no evidence of pre-impact airframe, power plant, or propeller malfunction or failure.
MEDICAL AND PATHOLOGICAL INFORMATION
According to the autopsy report, the pilot's death was attributed to thermal injuries. Specks of soot were found in the trachea. The only significant injury found was a closed fracture of the left ankle.
The Oakland County toxicology report found less than 1% carboxyhemoglobin saturation. Toxicological screening performed by FAA's Civil Aerospace Medical Institute CAMI) revealed no carbon monoxide in blood and no ethanol in vitreous. Cyanide tests were not performed. Urine analysis detected 33.8 (ug/ml, ug/g) salicylate (aspirin).
TESTS AND RESEARCH
Security Camera Footage
Two videos from airport security cameras were sent to NTSB's Vehicle Recorder Division. The airplane can be seen taking off from runway 09L, climbing to about 150 feet, and then descending to the ground in a left wing-low attitude. A plume of smoke appears shortly thereafter.
Weight and Balance
Weight and balance calculations were performed by Cessna's technical representative, to wit:
Empty weight (dated July 15, 2005) 1,471.5 pounds
Occupants (from medical certificate and Michigan drivers licenses) 683
Estimated fuel on board * __144________
Estimated gross weight 2,298.5 pounds
Maximum allowable gross weight 2,300 pounds
*The airplane had previously been fueled to capacity. Another renter-pilot flew the airplane for about two hours prior to the accident.
Flaps
The majority of the pilot's flight experience was in the Cirrus SR20. Both the Cirrus SR20 and Cessna 172M wing flaps are electrically operated. The Cirrus wing flap switch is directly in front of the throttle control and has three position detents: UP (0 per cent), 50 per cent, and 100 per cent. Setting the switch to the desired position causes the flaps to extend or retract to the appropriate setting. An indicator light at each control switch position illuminates when the flaps reach the selected position. The UP (0 per cent) light is green and the 50 per cent and 100 per cent lights are yellow. The Cessna 172M employs a spring-loaded switch that must be held down or up until the desired flap setting is attained as indicated by the flap gage with markings at 0 degrees, 10 degrees, 20 degrees, 30 degrees, and 40 degrees.
The Western Michigan University Cirrus SR20 preflight checklist requires the pilot to begin his preflight inspection with the flaps set at 0. The pilot then places the flaps at 50 per cent and 100 per cent, checking for proper annunciator light illumination. The Cessna 172M preflight checklist in the Pilot's Operating Handbook does not require the extension of the flaps for preflight inspection. Cirrus SR20 takeoffs are normally made using 50 per cent flaps. Takeoffs in the Cessna 172M are normally made with the flaps up.
NTSB Identification: CEN13FA364
14 CFR Part 91: General Aviation
Accident occurred Friday, June 21, 2013 in Waterford, MI
Aircraft: Cessna 172M, registration: N9926Q
Injuries: 4 Fatal.
This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
On June 21, 2013, about 1240 eastern daylight time, a Cessna 172M, N9926Q, impacted terrain during takeoff at the Oakland County International Airport (KPTK), Waterford, Michigan. The pilot and three passengers were fatally injured. The airplane was destroyed. The airplane was registered to and operated by Flight 101, LLC, Waterford, Michigan, under the provisions of 14 Code of Federal Regulations Part 91 as a personal flight. Visual meteorological conditions (VMC) prevailed, and no flight plan had been filed. The local flight was originating at the time of the accident.
Control tower personnel saw the airplane lift off from runway 09L and attain an altitude of about 100 feet. The pilot then reported he was "slightly overweight." He was cleared to land straight ahead on the grass. The airplane impacted the ground and burst into flames.
The on-scene investigation revealed no evidence of pre-impact airframe, powerplant, or propeller malfunction or failure. Control continuity was established. The flaps were found fully extended.
=======
Pontiac— The son of one of four people killed in a June 21 airplane crash is suing the estate of the dead pilot — also his stepbrother — and the plane’s owner, Flight 101, for negligence.
Steven James Haley, acting as the personal representative of the estate of James Ray Haley, is suing Flight 101 and the estate of Troy Michael Brothers, the 19-year-old pilot, alleging both had a duty to assure Brothers had experience in the aircraft. James Ray Haley is survived by two sons, Steven and James Jr., both of Warren.
The Oakland Circuit Court wrongful death lawsuit notes Brothers had obtained his pilot’s license at Western Michigan University just weeks before the crash. The family had recently celebrated the license certification and also Brothers’ acceptance to the U.S. Naval Academy. The young pilot rented the Cessna aircraft at Oakland International Airport in Waterford Township to take relatives, including his stepfather, out for a brief flight.
The elder Haley, 58, a successful Macomb County real estate broker, married Brothers’s mother, Sandra Haley, 53, six years prior. She and another relative, Jamie Jose, 34, a South Lyon Township firefighter, also perished on the ill-fated flight.
“It was a tragic event and these are always made sadder when family has to take legal action against family,” said attorney David W. Christensen, who filed the complaint. “But we are following the facts and the law. Actions have consequences.”
The lawsuit alleges both Brothers and Flight 101 never conducted a pre-flight checklist inspection of the aircraft which would have included operation of wing flaps which should have been up or retracted prior to takeoff. The apparent oversight, subsequently taking off with the plane’s flaps still fully extended, caused a “lack of thrust or attaining altitude on takeoff,” according to the complaint.
That contention also squares with a probable cause report released Monday by the National Transportation Board, which investigates all plane accidents. The federal agency cited pilot error and his failure to retract the wing flaps.
Officials at Flight 101 were out of the country on Thursday and could not be reached for comment, according to an office employee.
According to NTSB records reviewed by The News, Oakland International control tower personnel saw the Cessna lift off the runway and attain an altitude of about 100 feet when Brothers radioed back he was “a little overweight” and would need to return and land.
Brothers was then cleared on a runway or adjacent grass area but “there was no reply,” according to the NTSB report. The airplane could be heard “spittering and sputtering” by witnesses on the ground and crashed and caught fire within five seconds.
A logbook kept by pilots was never located nor was a flight plan filed, according to the lawsuit.
Brothers had reportedly logged more than 52 hours including dual instruction to obtain his license, primarily flying a Cirrus SR 20 single-engine aircraft. He had reportedly flown a Cessna 172 “for a few hours while he was in Florida,” according to an unsubstantiated NTSB report.
Investigators found no mechanical problems with the aircraft which had been flown just hours earlier. The Cessna has a maximum allowable gross weight of 2,300 pounds and with the four deceased, had an estimated gross weight of 2,298.5 pounds.
In an interview with investigators, another pilot, Mark Ebben, said he was landing his own aircraft and noticed Brothers’ Cessna taking off and then attempting to return to the airport because he was overweight.
“While continuing my final (approach) I looked again down the runway and saw him just wallowing in the air with flaps extended ... I could not believe what I was witnessing. Very shortly then, the left wing dipped, the aircraft fell out of the sky hitting left wing 1st then pivoting 180 degrees with a big divot of dirt thrown up in the air.”
The lawsuit, which seeks more than $25,000 in damages, is assigned to Judge Martha D. Anderson.
Story and comments/reaction: http://www.detroitnews.com
Troy Brothers, his mother, Sandra Haley and his stepfather, James Haley
Troy Brothers
Northfield Township Firefighter Jamie Jose was killed Friday in an Oakland County plane crash.
Courtesy of Northfield Township Fire Department
Jamie Jose
Troy Brothers, his mother, Sandra Haley and his stepfather, James Haley
Troy Brothers
Northfield Township Firefighter Jamie Jose was killed Friday in an Oakland County plane crash.
Courtesy of Northfield Township Fire Department
Jamie Jose
Northfield Township Public Safety and Fire Chief William Wagner said in a release Saturday that 34-year-old father of three had been with the department for about a year-and-a-half. A memorial scholarship
fund has been set up for Jose's children at the PNC Bank in
Whitmore Lake.
The 34-year-old Northfield Township man who died Friday in an Oakland County airplane crash along with three others is being remembered as a devoted firefighter and father by colleagues and family.
Jamie Jose was a husband, a father of three, a Northfield Township firefighter and a crew member of ships that traveled the world looking for oil, his father-in-law, Robert Joslin, told AnnArbor.com Monday.
Jose had recently returned from one of his world-traversing, oil-seeking expeditions that took him to the coast of Trinidad, Joslin said.
He'd typically be gone for about five weeks, then come home to Northfield Township, where he'd been living near the fire station for the past five months, and be an on-call firefighter for five weeks before heading back out to sea again.
“He was a good guy. He always wanted to help people,” Joslin said.
Jose grew up in Dearborn and Taylor, where he attended high school, and was living in Southfield when he met Joslin's daughter, Jessica, who also is a paramedic, Joslin said.
Jose and Jessica were married in November 2009
Jose is survived by Abigail, a 12-year-old daughter from a previous relationship; his wife Jessica; and their two children: 6-year-old Braden and 4-year-old Gabrielle.
The family is "doing as well as can be expected" right now, "Joslin said.
Jose worked for the Franklin-Bingham Fire Department for more than a decade before coming to Northfield Township.
The whole family was living with Joslin near South Lyon until moving about five months ago to be closer to the Northfield Township Fire Department in Whitmore Lake, Joslin said. Colleagues were surprised and saddened to hear about Jose's death.
“When he would speak, people would listen,” Fire Chief William Wagner said. “He was a quiet leader.”
Jose had been with the department for about a year and a half.
“He was a really well-liked guy,” Wagner added. “We’re dealing with it. It was difficult for sure."
Jose was a passenger in a Cessna 172M Skyhawk that crashed seconds after takeoff at Oakland County International Airport in Waterford Friday.
The pilot, 19-year-old Troy Brothers, was Jose's cousin, not brother-in-law as initially reported in the media, Joslin said. Their mothers were sisters, he added.
Brothers, who had recently been accepted into the Naval Academy, called Jose Friday and asked him if he wanted to go flying, according to Joslin. Brothers had his pilot license for about a month.
“At the last minute, he called Jamie and asked him if he wanted to go up," Joslin said. “If he would have called the day before, (Jose) would have said no, (that) he was with the kids.”
Jose, Brothers, his 53-year-old mother, Sandra Haley of Fraser and his 58-year-old stepfather, James Haley, all perished in the crash. MLive.com reported Brothers told a command center the plane was "a little overweight" before the accident.
The plane got up just 100 feet before Brothers radioed air traffic control for permission to land. The plane crashed in a field before making it to the runway and burst into flames, according to the MLive.com report.
"It's shocked everyone," Joslin said.
The National Transportation Safety Board told The Associated Press Monday that it has completed the on-scene phase of its probe. Investigators were set to review a video of the crash.
By Sunday the NTSB had completed documenting and taking photos of the crashed Cessna 172M Skyhawk and also spoke with the manufacturer of the single-engine Cessna and the maker of the plane's engine, according to the Associated Press report.
There will be a memorial service for Jose at the Vermeulen Funeral Home, located at 46401 W. Ann Arbor Road, Plymouth Township, from 2 to 9 p.m. Friday. A religious service will take place at an undetermined time Saturday at Dexter's St. Joseph Catholic Church, at the corner of Mast and North Territorial Road.
A memorial scholarship fund also has been set up for Jose's children at the PNC Bank in Whitmore Lake. Call (734) 449-4477 for information about how to donate.
Source: http://ww.annarbor.com
Age 34 of South Lyon, June 21, 2013, Firefighter of Northfield Township.
Beloved husband of Jessica. Loving father of Abygale, Braden and Gabrielle. Proud son of Larry (Lisa) Jose and Victoria (Steven) Barber. Son in law of Bob (Gail) Joslin. Brother to Christopher Jose and Anthony Vaccaro. Grandson of Carol Dumont.
Visitation Friday 2-9 PM with a 7 PM Prayer service at Vermeulen Funeral Home, 46401 W Ann Arbor Rd., (btwn Sheldon & Beck) Plymouth.
In Lieu of flowers memorial contributions may be made to Jamie Jose Memorial Fund,
c/o Northfield Twp. Fire Dept., 8350 Main St. Whitmore Lake, MI 48189. For funeral information or to share a memory, please visit vermeulenfuneralhome.com
