STILLWATER,
Okla. — Family members of two Oklahoma State University basketball
coaches killed in a 2011 plane crash are suing the estate of two Ponca
City residents also killed in the crash.
OSU basketball coach
Kurt Budke, 50, assistant coach Miranda Serna, 36, and alumni Olin and
Paula Branstetter, ages 82 and 79, were killed in a plane crash Nov. 17,
2011, in Arkansas while on an official OSU women’s basketball
recruiting trip. The cause of the crash is still unknown.
Budke’s
wife, Shelley Budke, and the parents of Serna — John Serna and Nettie
Herrera — filed petitions for damages against the Branstetter estate for
negligence April 27 of last year in Kay County.
According to the
petitions, the aircraft “was under the direction and control of the
Branstetter defendants and they, individually and/or collectively, had a
duty to ensure the subject aircraft was airworthy and safe for flight,
and to adequately maintain, inspect, repair, overhaul and service the
subject aircraft.”
The petition asks for damages in full amounts
allowed by law, pre- and post-judgment interest, costs and expenses and
all other relief, whether at law or in equity, to which the plaintiffs
may show themselves justly entitled. Both petitions ask for the case to
be tried by jury.
In an affidavit, Jack Wesley Branstetter, the
personal representative of the Branstetter estate, said his parents
“frequently volunteered their services such as providing air
transportation to members of Oklahoma State University’s athletic
department.”
According to a court document listing the
Branstetter’s various involvement with the university, at least three
scholarships were established in their name, including the Olin D.
Branstetter Memorial Scholarship, the Paula G. Branstetter Aviation
Scholarship and the Olin R. Branstetter Farmhouse Fraternity
Scholarship.
Budke’s estate is represented by Jason Roselius
while John Serna and Herrera are represented by Sean Burrage of
Claremore and Scott Jackson of Ponca City, respectively. On Dec. 17,
2012, Jack Branstetter’s legal counsel, including Chris Kilgore of
Dallas, Kenneth Holmes of Ponca City and Anthony Mareshie of Tulsa,
filed a motion to dismiss the case on the basis of Oklahoma’s
Governmental Tort Claim Act, or GTCA.
According to the motion,
the GTCA governs all tort actions and claims against Oklahoma, its
political subdivisions and its employees and states that all three,
acting within the scope of their employment, whether performing
governmental or proprietary functions, shall be immune from liability
for tort.
The motion states the Branstetters are immune from the
lawsuit because they fall under the statutory definition of an employee
as described by the GTCA.
“...The GTCA defines employee as ‘(a)ny
person who is authorized to act in behalf of a political subdivision or
the state whether that person is acting on a permanent or temporary
basis, with or without being compensated or on a full-time or part-time
basis,’” the motion states.
The motion said those wishing to
proceed against the state or its employees acting within the scope of
their employment must present the claim to the specific governmental
agency within one year of loss.
According to the motion, the
plaintiff’s petitions made no mention of the professions of any of the
involved parties or associations with a state institution. According to
www.odcr.com, the court held a hearing March 21 in Ponca City and later
overruled the motion to dismiss March 28.
“Without commenting or
ruling about the application of (the Oklahoma GTCA) to the eventual
facts that will be determined in the case, the Court finds that at this
time the facts presented to the court do not rule out the existence of a
set of facts that may determine the relationship of the Branstetters to
Oklahoma State University classified as that of independent
contractor,” a court document states.
The court granted a motion to consolidate both cases against the Branstetter estate May 16.
NTSB Identification: CEN12FA072
14 CFR Part 91: General Aviation
Accident occurred Thursday, November 17, 2011 in Perryville, AR
Probable Cause Approval Date: 02/27/2013
Aircraft: PIPER PA-28-180, registration: N7746W
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.
About 2 hours after departure, radar data
tracked the airplane at 7,000 feet before the airplane then initiated a
right, descending turn before disappearing from radar. Witnesses
reported seeing the airplane flying low, descending, making several
turns, before impacting terrain. Impact signatures were consistent with a
steep, nose-low attitude. An examination of the airframe and engine did
not reveal any preimpact anomalies. The reason for the pilot's loss of
control could not be determined.
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
The pilot's loss of control in flight.
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