Monday, January 23, 2017

Second lawsuit filed: 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




A second local lawsuit has been filed in Summit County Common Pleas Court over losses incurred when a British Aerospace BAe-125-700A plane crashed into an Ellet neighborhood more than a year ago.

Beth Montgomery, one of the tenants of an apartment building destroyed in the crash, has filed a complaint against plane owner ExecuFlight Inc. of Ft. Lauderdale, Fla. and the estates of co-pilots Renato Marchese and Oscar Chavez.

Marchese, Chavez and seven passengers were killed when the plane struck the four-unit brick apartment building at 3042 Mogadore Road. There were no injuries on the ground; all occupants of the apartment building were gone at the time of the crash.

Montgomery, who worked an early morning shift, would have been home if not for a standing weekly date with her son for wings and beer.

Her apartment was destroyed by the crash and resulting fire, and her cat killed. She is seeking $25,000 plus interest, an amount the defendants have refused to pay, the lawsuit stated. The complaint also seeks undetermined “punitive damages” as allowed by law.

Montgomery is represented by William Chris of Roderick, Linton and Belfance. The case was assigned to Judge Mary Margaret Rowlands.

Earlier this month, a suit was filed by Kayleigh Scarpitti and Geoff Priebe, who also lived in the destroyed building. They 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. That suit has been assigned to Judge Joy Oldfield.

The plane crash occurred Nov. 10, 2015 when the British Aerospace BAe-125-700A failed to execute its approach to Akron Fulton International Airport.

The plane had been 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 Marchese and Chavez lost control.

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.”

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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