PHILADELPHIA – A Philadelphia law firm seeking injunctive relief and a temporary restraining order against the National Transportation Safety Board (NTSB) has had its requests denied by a Philadelphia federal judge.
The Wolk Law Firm filed the complaint on May 4 on behalf of its clients Rebecca Hetzer Young, Anise Gothard Nash and Elizabeth Lampe, who are currently involved in a pending and separate wrongful death case in the Greene County Court of Common Pleas in Ohio, Young v. Elano Corp.
Young, Nash and Lampe represent the surviving family members of three individuals killed in a Grumman AA-5 aircraft crash at Ohio’s Lawrence County Air Park on March 3, 2005.
The crash claimed the lives of the plane’s pilot Michael Young, plus passengers Ginny Young and Charles Lampe, and is the event serving as the basis for the Young v. Elano Corp. litigation.
The complaint brought by The Wolk Law Firm sought a 30-day enjoinment towards the NTSB from publishing its “Probable Cause Determination” regarding the 2005 crash on its website, www.ntsb.gov beginning May 4, feeling it would be “irreparably harmful” to the plaintiffs and the case of Young, Nash and Lampe, effectively denying them their right to a fair trial.
The 30-day enjoinment time limit, the plaintiffs said, would last for the duration of their clients’ wrongful death trial in Ohio.
According to the lawsuit, the plaintiffs contacted the NTSB to remove the “Probable Cause Determination” when it was first published on April 7, and allegedly received a refusal to remove the information from the government agency one week later.
The plaintiff allege the NTSB’s “brief” investigation into the 2005 crash was unsatisfactory and arrived at incorrect conclusions with respect to the reasons for the crash by allegedly inviting the engine manufacturer to participate in the investigation, ignoring physical evidence and eyewitness accounts of engine malfunction and inferring toxicology conclusions without referring to proper evidence.
Court records indicate the motion for a temporary restraining order was thrown out by Eastern District Court Judge Lawrence F. Stengel on May 6 following a telephone conference with all parties involved. As a result of the temporary restraining order motion being denied, the plaintiffs dismissed their litigation five days later.
Meanwhile, the wrongful death trial in the crash that claimed the lives of Michael Young, Ginny Young and Charles Lampe has concluded.
The trial resulted in a defense verdict. Jurors found the defendants were not negligent, did not negligently design a muffler and did not negligently fail to warn about dangers associated with the muffler.
The plaintiff was represented by John Joseph Gagliano of The Wolk Law Firm in Philadelphia.
The defendant was represented by Thomas F. Johnson of the U.S. Attorney’s Office, also in Philadelphia.
U.S. District Court for Eastern District of Pennsylvania case 2:15-cv-02459
Source: http://pennrecord.com
http://registry.faa.gov/N6511L
NTSB Identification: NYC05FA058
The docket is stored in the Docket Management System (DMS). Please contact Records Management Division
Accident occurred Sunday, March 13, 2005 in Chesapeake, OH
Probable Cause Approval Date: 04/25/2006
Aircraft: Grumman American AA-5, registration: N6511L
Injuries: 3 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.
Witnesses observed the airplane approach to the runway; however, it appeared to be high, and as it passed over the runway, it executed a go-around. The airplane continued around the traffic pattern, and returned to land a second time. The second landing attempt appeared to be fast, and the intended touchdown point was "far down the runway." The pilot then applied power, and the airplane became airborne, with a nose high attitude. The airplane continued in a nose high attitude, and cleared the 30-foot high trees located at the end of the runway. The tail of the airplane then began to wobble, the right wing dropped, and the airplane descended to the ground about 1/4 mile from the airport. A postcrash fire consumed a majority of the main wreckage. Examination of the wreckage did not reveal any abnormalities with the airframe or engine.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The pilot's failure to maintain airspeed during the aborted landing, which resulted in an inadvertent stall.
HISTORY OF FLIGHT
On March 13, 2005, at 1506 eastern standard time, a Grumman American AA-5, 6511L was destroyed when it impacted terrain, shortly after takeoff from the Lawrence County Airpark (HTW), Chesapeake, Ohio. The certificated private pilot and two passengers were fatally injured. Visual meteorological conditions prevailed, and no flight plan was filed for the local personal flight conducted under 14 CFR Part 91.
A witness, who was at the airport, stated that he observed the accident airplane approach runway 26. The airplane appeared to be high, and as it passed over the runway, it executed a go-around. The airplane continued around the pattern, and returned to approach runway 26 a second time. The second landing attempt appeared to be fast, and the intended touchdown point was "far down the runway." The witness looked away from the airplane, and seconds later, he heard the engine power being applied. The witness then observed the airplane become airborne, with a nose high attitude, and clear the trees located at the end of the runway. The airplane continued in a nose high attitude and the tail began to wobble, followed by the right wing dropping. The airplane then descended behind the tree line out of the witnesses view.
A second witness, who was monitoring the Common Traffic Advisory Frequency at HTW with a handheld radio, also observed the accident airplane approach runway 26. The airplane appeared to be fast, and as it passed the mid-point of the runway, it was still 25-30 feet above the ground. The airplane passed out of the witness's sight; however, the witness then heard the pilot in the accident airplane transmit, "…Guys we're going to crash…"
A third witness heard an airplane rev its engine, and looked up to observe the accident airplane in a steep climb. The airplane then made a right hand bank, before stalling, and subsequently descending nose first to the ground.
The accident occurred during the hours of darkness, at 38 degrees, 25.11 minutes north longitude, 82 degrees, 30.17 minutes west latitude, at an elevation of 561 feet.
PILOT INFORMATION
The pilot held a private pilot certificate for single-engine land airplanes. His most recent application for a Federal Aviation Administration (FAA) third-class medical certificate was issued on January 11, 2004. The pilot reported that he had accumulated about 250 hours of total flight experience on the medical application.
METEOROLOGICAL INFORMATION
The weather reported at an airport 4 miles south of HTW, at 1451, included calm winds, clear skies, and 10 statute miles of visibility. The temperature was 37 degrees Fahrenheit, and the dew point 27 degrees Fahrenheit.
AIRPORT INFORMATION
Approximately 30-foot tall trees were located about 200 feet from the departure end of runway 26.
WRECKAGE INFORMATION
The wreckage site was located in a field, consisting of soft terrain, about 1/4 statute mile from HTW, on an approximate magnetic heading of 280 degrees. The accident site was disturbed prior to the arrival of Safety Board personnel on March 14, 2004, due to emergency rescue procedures. In addition, the area had been doused with water and firefighting agents to contain the postcrash fire.
Next to the impact crater was a section of the right wing, the right flap, and the right wing tip.
The main fuselage was located about 65 feet from the impact crater, oriented on about a 260-degree magnetic heading, and was consumed by the postcrash fire. All crew and passenger seats were destroyed and separated from their attachment points.
All major control surfaces of the airplane were accounted for at the accident scene.
The engine was separated from the main fuselage. The propeller remained attached to the engine. Both propeller blades were twisted, and exhibited chord-wise scratches and leading edge nicks.
The left wing remained attached to the main fuselage and was consumed by the postcrash fire.
The postcrash fire also consumed the empennage.
Flight control continuity was established from the cockpit area to all of the flight control surface locations. The rudder and stabilator control stops were examined, and did not reveal any abnormalities.
The overhead canopy and right wing aileron were located about 20 feet beyond the main wreckage.
The engine was recovered from the accident site and examined. The crankshaft was rotated via the propeller. Compression and valve train continuity was confirmed to all cylinders. The top and bottom spark plugs were removed and examined. Their electrodes were intact. The number 1 and 3 cylinder top and bottom sparkplugs were light gray in color, while the number 2 and 4 cylinder top and bottom sparkplugs were oil soaked. Both the left and right magnetos could not be tested due to impact and fire damage.
MEDICAL AND PATHOLOGICAL INFORMATION
The FAA Toxicology and Accident Research Laboratory, Oklahoma City, Oklahoma conducted toxicological testing on the pilot.
ADDITIONAL INFORMATION
Wreckage Release
The airplane wreckage was released on March 17, 2005 to a representative of the owners insurance company.
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