Saturday, January 7, 2017

British Aerospace BAe-125-700A, Rais Group International NC LLC -- operated by Execuflight, N237WR: Fatal accident occurred November 10, 2015 near Akron Fulton International Airport (KAKR), Summit County, Ohio

Two Ellet residents displaced by jet crash in 2015 file suit against plane owner, estates of two deceased pilots





Two of the Ellet residents displaced when a corporate jet crashed into their apartment building in 2015 have filed suit against the owner of the plane and the estates of the two deceased pilots.

In a filing Thursday with the Summit County Common Pleas Court, Kayleigh Scarpitti and Geoff Priebe are seeking nearly $76,000 for loss of property and unspecified punitive damages for emotional distress. The couple is represented by Orville Reed III of the Akron law firm Stark & Knoll.

Scarpitti and Priebe were living in one of the four units of a brick apartment building at 3042 Mogadore Road that were destroyed by the 10-seat Raytheon Hawker and the fire it caused when the plane crashed Nov. 10, 2015.

The plane, owned by ExecuFlight Inc. in Ft. Lauderdale, Fla., was chartered by a real estate development firm looking for investment opportunities in the Midwest.

The investors were on a multistate tour and were on their way from Dayton to Akron when pilots Renato Marchese and Oscar Chavez lost control while approaching Akron Fulton International Airport.

The two pilots and seven passengers died. None of the residents of the destroyed apartment building were home when the crash occurred, and there were no deaths or injuries on the ground.

The complaint alleges the pilots were “physically unfit and not competent to safely operate” the Hawker, and they were “negligent in failing to land the plane in a reasonably safe manner.”

In October, the National Transportation Safety Board said the probable cause of the crash was the flight crew’s “mismanagement of the approach and multiple deviations from company standard operating procedures which placed the airplane in an unsafe situation.”

Federal investigators cited numerous mistakes, a “disregard for safety,” and a “casual attitude toward compliance with standards, inadequate hiring, training and operational oversight of the flight crew, and the company’s lack of formal safety program.”

The complaint filed on behalf of Scarpitti and Priebe said Execuflight is also culpable because a “checkered employment history” of the pilots was known and the company employed them anyway.

Scarpitti, a night shift nurse, had been awakened that afternoon by her dog and decided on a whim to take him to Petco.

Compounding the loss of physical property, Scarpitti has been haunted by the event since without the “fortuitous intervention of her pet dog, she would have been violently killed in her sleep,” the complaint said.

The case was assigned to Judge Joy Oldfield.

Source:  http://www.ohio.com



Aviation Accident Final Report  -  National Transportation Safety Board: http://app.ntsb.gov/pdf

Docket And Docket Items -  National Transportation Safety Board:   http://dms.ntsb.gov/pubdms

Aviation Accident Data Summary  -    National Transportation Safety Board:  http://app.ntsb.gov/pdf

FAA  Flight Standards District Office:  FAA Cleveland FSDO-25

NTSB Identification: CEN16MA036
Nonscheduled 14 CFR Part 135: Air Taxi & Commuter
Accident occurred Tuesday, November 10, 2015 in Akron, OH
Probable Cause Approval Date: 10/24/2016
Aircraft: BRITISH AEROSPACE HS 125 700A, registration: N237WR
Injuries: 9 Fatal.

NTSB investigators traveled in support of this investigation and used data obtained from various sources to prepare this aircraft accident report.

The Safety Board's full report is available at http://www.ntsb.gov/investigations/AccidentReports/Pages/aviation.aspx. The Aircraft Accident Report number is NTSB/AAR-16/03.

On November 10, 2015, about 1453 eastern standard time (EST), Execuflight flight 1526, a British Aerospace HS 125-700A (Hawker 700A), N237WR, departed controlled flight while on a nonprecision localizer approach to runway 25 at Akron Fulton International Airport (AKR) and impacted a four-unit apartment building in Akron, Ohio. The captain, first officer, and seven passengers died; no one on the ground was injured. The airplane was destroyed by impact forces and postcrash fire. The airplane was registered to Rais Group International NC LLC and operated by Execuflight under the provisions of 14 Code of Federal Regulations (CFR) Part 135 as an on-demand charter flight. Instrument meteorological conditions (IMC) prevailed, and an instrument flight rules (IFR) flight plan was filed. The flight departed from Dayton-Wright Brothers Airport (MGY), Dayton, Ohio, about 1413 and was destined for AKR.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The flight crew's mismanagement of the approach and multiple deviations from company standard operating procedures, which placed the airplane in an unsafe situation and led to an unstabilized approach, a descent below minimum descent altitude without visual contact with the runway environment, and an aerodynamic stall. Contributing to the accident were Execuflight's casual attitude toward compliance with standards; its inadequate hiring, training, and operational oversight of the flight crew; the company's lack of a formal safety program; and the Federal Aviation Administration's insufficient oversight of the company's training program and flight operations.

Rais Group International NC LLC - operated by Execuflight: http://registry.faa.gov/N237WR

NTSB Identification: CEN16MA036

Nonscheduled 14 CFR Part 135: Air Taxi & Commuter
Accident occurred Tuesday, November 10, 2015 in Akron, OH
Aircraft: BRITISH AEROSPACE HS 125 700A, registration: N237WR
Injuries: 9 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 traveled in support of this investigation and used data obtained from various sources to prepare this aircraft accident report.


On November 10, 2015, about 1452 eastern standard time (EST), Execuflight flight 1526, a British Aerospace HS 125-700A, N237WR, departed controlled flight while on approach to landing at Akron Fulton International Airport (AKR) and impacted a 4-plex apartment building in Akron, Ohio. The pilot, copilot, and seven passengers died; no ground injuries were reported. The airplane was destroyed by the crash and a postcrash fire. The airplane was registered to Rais Group International NC LLC and operated by Execuflight under the provisions of 14 Code of Federal Regulations Part 135 as an on-demand charter flight. Instrument meteorological conditions prevailed, and an instrument flight rules flight plan was filed. The flight departed from Dayton-Wright Brothers Airport (MGY), Dayton, Ohio, about 1413 EST and was destined for AKR.


The airplane, which was based at Fort Lauderdale Executive Airport, Fort Lauderdale, Florida, departed Cincinnati Municipal Airport-Lunken Field, Cincinnati, Ohio, about 1112 EST on the day of the accident and arrived at MGY about 1125 EST. The airplane remained parked on the ramp at one of the fixed-base operators until departing for AKR.


According to Federal Aviation Administration air traffic control and radar data, about 1438 EST, the Akron-Canton terminal radar approach control facility provided radar vectors to the accident airplane for the localizer runway 25 instrument approach procedure at AKR. 


A Piper PA-28-161 airplane performing flight training at the airport completed the localizer runway 25 instrument approach procedure at AKR before the accident airplane began its approach. According to the flight instructor on board the Piper PA-28-161, the airplane "broke out at minimums" on the localizer runway 25 approach and landed on runway 25. After the Piper PA-28-161 exited the runway, the flight instructor reported that he heard one of the pilots of the accident airplane state "Hawker Jet on a 10 mile final localizer 25" over the Unicom frequency. Subsequently, the flight instructor radioed to the accident airplane and stated "we broke out right at minimums." According to the flight instructor, one of the pilots of the accident airplane acknowledged this transmission with "thanks for the update." 


About 1452 EST, a motion-activated security camera located about 900 ft to the southeast of the accident site captured the airplane as it came in over the surrounding trees in a left-wing-down attitude about 1.8 nautical miles from the approach end of runway 25 at AKR. An explosion and postcrash fire were observed on the video just after the airplane flew out of the security camera's view.


The postcrash fire consumed most of the airplane; however, the airframe, engines, primary flight controls, and landing gear were all accounted for at the accident site. The airplane was equipped with a Fairchild GA-100 tape unit cockpit voice recorder, which was recovered and sent to the National Transportation Safety Board's Vehicle Recorders Laboratory for examination. 


About 1450 EST, the surface weather observation at AKR was wind from 240 degrees at 7 knots; visibility 1 3/4 statute mile in mist; ceiling broken at 600 ft above ground level (agl); overcast ceiling at 900 ft agl; temperature 11 degrees C (52 degrees F); dew point 9 degrees C (48 degrees F); and altimeter 29.95 inches of mercury. 

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