Wednesday, May 10, 2017

Socata TBM700N (TBM900), N900KN: Fatal accident occurred September 05, 2014 in in open water, Jamaica

Honeywell Plane Crash Case Going Back to State Court


Larry and Jane Glazer



A lawsuit against Honeywell related to a plane that crashed in the Caribbean Sea after veering off course during a flight from New York to Florida has been remanded to New Jersey state court.

U.S. District Judge John Michael Vazquez of the District of New Jersey approved the request of Kenneth Glazer, administrator of the estates of Larry and Jane Glazer, who were killed in the crash, to move the case out of federal court.

Glazer argued that the Death on the High Seas Act, which Honeywell argued controlled in the case, didn't apply. He additionally argued Honeywell couldn't remove the case to federal court pursuant to DOHSA.

Honeywell, the maker of cabin instruments in the Socata TBM 900 aircraft in which the Glazers were killed, countered that DOHSA is governed by the site of the crash, which occurred over three nautical miles beyond the United States shore off the coast of Jamaica.

The company also pointed to an amendment to the act that "removed the antiquated requirement of an independent basis for jurisdiction." According to Honeywell, that means DOHSA, along with the diversity of the parties, gives the federal court jurisdiction in admiralty cases.

However, Vazquez, noting the lack of clear Third Circuit precedent on the issue, wrote that the 2011 DOHSA amendment did not remove the act's clause disallowing removal where the only basis for federal jurisdiction is admiralty.

"Given that the Third Circuit has not weighed in on this issue, and defendant has the burden to establish federal jurisdiction, this court joins the other courts that have reached the conclusion that the 2011 amendment did not displace the savings-to-suitors clause and therefore admiralty jurisdiction does not provide an independent basis for removal," Vazquez said.

The plane crashed on Sept. 5, 2014. The Glazers took off from Rochester International Airport in New York and headed toward Naples, Florida.

As they neared their destination, Larry Glazer noticed the plane had veered off course over the Atlantic Ocean. He reported a problem with the plane's instrumentation to air traffic control, and also experienced a loss of cabin pressure.

Glazer was ordered to lower the plane from 28,000 to 20,000 feet. But as he did so, the plane slowed down, air traffic control noticed his speech began to slur, and he eventually became unresponsive.

According to Vazquez, the plane entered Cuban airspace and continued to descend. The aircraft eventually ran out of fuel and crashed into the ocean northeast of Port Antonio, Jamaica.

The attorneys for the parties, Daniel O. Rose for Glazer and John T. Coyne for Honeywell, did not respond to requests for comment.

Original article can be found here:   http://www.njlawjournal.com

Law360, Newark (May 10, 2017, 5:46 PM EDT) -- A New Jersey federal court Wednesday remanded to state court a lawsuit against Honeywell International Inc. over a couple's fatal plane crash, saying a clause allows their son to pursue a state court action when admiralty jurisdiction is the sole basis to be in federal court.

U.S. District Judge John Michael Vazguez granted Kenneth Glazer's remand motion, rejecting Honeywell's argument that a 2011 amendment to a federal removal statute made admiralty cases removable even when there is not another basis for jurisdiction.

Read more here: https://www.law360.com

Glazer v. Socata by David Andreatta on Scribd


 Larry Glazer


Aviation Accident Preliminary Report - National Transportation Safety Board: https://app.ntsb.gov/pdf

NEW 51LG LLC: http://registry.faa.gov/N900KN

NTSB Identification: ERA14LA424
14 CFR Part 91: General Aviation
Accident occurred Friday, September 05, 2014 in Open Water, Jamaica
Aircraft: SOCATA TBM 700, registration: N900KN
Injuries: 2 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 may not have traveled in support of this investigation and used data provided by various sources to prepare this aircraft accident report.

On September 5, 2014, about 1410 eastern daylight time (EDT), a Socata TBM700 (marketed as TBM900), N900KN, impacted open water near the coast of northeast Jamaica. The commercial pilot/owner and his passenger were fatally injured. An instrument flight rules flight plan was filed for the planned flight that originated from Greater Rochester International Airport (ROC), Rochester, New York at 0826 and destined for Naples Municipal Airport (APF), Naples, Florida. The personal flight was conducted under the provisions of 14 Code of Federal Regulations Part 91.

According to preliminary air traffic control (ATC) data received from the Federal Aviation Administration (FAA), after departing ROC the pilot climbed to FL280 and leveled off. About 1000 the pilot contacted ATC to report an "indication that is not correct in the plane" and to request a descent to FL180. The controller issued instructions to the pilot to descend to FL250 and subsequently, due to traffic, instructed him to turn 30 degrees to the left and then descend to FL200. During this sequence the pilot became unresponsive. An Air National Guard intercept that consisted of two fighter jets was dispatched from McEntire Joint National Guard Base, Eastover, South Carolina and intercepted the airplane at FL250 about 40 miles northwest of Charleston, South Carolina. The fighters were relieved by two fighter jets from Homestead Air Force Base, Homestead, Florida that followed the airplane to Andros Island, Bahamas, and disengaged prior to entering Cuban airspace. The airplane flew through Cuban airspace, eventually began a descent from FL250 and impacted open water northeast of Port Antonio, Jamaica. 

According to a review of preliminary radar data received from the FAA, the airplane entered a high rate of descent from FL250 prior to impacting the water. The last radar target was recorded over open water about 10,000 feet at 18.3547N, -76.44049W. 

The Jamaican Defense Authority and United States Coast Guard conducted a search and rescue operation. Search aircraft observed an oil slick and small pieces of debris scattered over one-quarter mile that were located near the last radar target. Both entities concluded their search on September 7, 2014.





Transcript of N900KN conversations with air traffic control before the pilot lost consciousness

Pilot: TBM 900KN flight level 280

ATC: November 900KN Atlanta…

Pilot: 900KN we need to descend down to about [flight level] 180, we have an indication … not correct in the plane.

ATC: 900KN descend and maintain 250.

Pilot: 250 we need to get lower 900KN.

ATC: Working on that.

Pilot: Have to get down. And reserve fuel… limit a return… thirty-three left… have to get down.

ATC: Thirty left 900KN

Pilot: 00900KN (holds transmit button)

ATC: N0KN you’re cleared direct to Taylor.

ATC: 0KN, cleared direct to Taylor.

Pilot: Direct Taylor, 900KN.

ATC: Copy that you got descent (slope?) 200…

Pilot: (mumbling)

ATC: Descent and maintain flight level 200, and you are cleared direct Taylor.

Pilot: KN900KN (sounds confused)

ATC: Understand me, descend and maintain flight level 200, flight level 200, for N900KN

ATC: TBM, TBM 0KN, descend and maintain flight level 200

ATC: 0KN, if you hear this, transmit and ident.

ATC: N900KN, Atlanta center, how do you read?

ATC: N900KN, Atlanta Center… AC5685, keep trying N900KN

AC5685: TBM900KN, this is AC5685, how do you read? (Military aircraft?)

ATC: N900KN, Atlanta Center, how do you read?

AC5685: TBM900KN, AC5685, how do you read?

ATC: N900KN, TBM, 900KN, Atlanta Center, how do you hear this…

ATC: N0KN, descent now, descent now to flight level 200.

ATC: N900KN, TBM 900KN, if you hear this transmission, contact … center 127.87

ATC: N0KN, TBM 0KN, contact … center 127.87 if you hear this…

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