Sunday, October 15, 2017

Again, live turkeys tossed from plane at Arkansas festival

YELLVILLE -- Several live turkeys were tossed from an airplane as it flew by the annual Turkey Trot festival Saturday.

But it was a different airplane from previous years and apparently a different pilot.

"My plane is on the ground," texted Dana Woods, a Mountain View alderman and pharmacist who had been "the Phantom Pilot" for the previous 15 years.

The 1966 Piper PA-28-140 that flew by the festival Saturday and dropped turkeys is registered to Aldino Raimondi of Yellville, according to Federal Aviation Administration records.

Three live turkeys were tossed from the plane shortly after noon Saturday, then several more during the afternoon as the plane made circles over Crooked Creek, which is two blocks south of the downtown square, where about 4,000 people were gathered for the annual festival. A few kids left the festival to collect the turkeys.

Raimondi didn't return voice and text messages left on his cellphone Saturday.

Animal-welfare activists have been trying to stop the 50-year tradition of the Yellville plane drops, which may have inspired a 1978 episode of the television show WKRP in Cincinnati in which turkeys were dropped from a helicopter as a Thanksgiving promotion.

The Phantom Pilot is celebrated by some in Yellville. T-shirts declaring "I'm with the Phantom" were for sale Saturday on the town square, and people could get photos made with their faces in a cutout of the Phantom Pilot.

Rose Hilliard of Bruno said she would file a complaint with the Marion County sheriff's office, probably on Monday, regarding Saturday's airplane drops.

Hilliard filed a complaint earlier this month in an attempt to stop the Phantom Pilot, but Sheriff Clinton Evans said he hadn't seen a crime committed, and the previous festival happened over a year ago, so the statute of limitations had expired for misdemeanor crimes. Evans wasn't sheriff last year.

"I didn't think he would go back and investigate anything from last year," Hilliard said. "But I thought he might try to stop it from happening this year."

According to Arkansas Code 5-62-103, cruelty to animals is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. Upon a fourth conviction within five years, cruelty to animals becomes a felony in Arkansas, and the guilty party is ordered to undergo a psychiatric evaluation.

This year's Turkey Trot festival was held Friday and Saturday.

No airplane turkey drops occurred Friday, but turkeys were released from the Marion County Courthouse roof both days as well as from a stage on the square.

Lisa Chism, who owns Simply Beautiful Medical Spa in Gassville, caught one of the turkeys launched from the courthouse roof. It landed next to her child's stroller.

"They will never believe I caught the turkey," said Chism, apparently referring to her clients.

She said she'll have the turkey for Thanksgiving dinner, when all her kids are there.

Gemma Vaughan, an animal-cruelty caseworker with People for the Ethical Treatment of Animals, said the group had people in Yellville watching turkeys being dropped from the plane and the courthouse roof.

"We rescued four turkeys -- one who was trussed by his legs and tossed onto the concrete where he lay panting as spectators walked over him, and another found bleeding from her neck and legs," Vaughan said.

"Both are being rushed to a veterinarian for their injuries. Anywhere else, the participants would be in jail, and officials' failure to prosecute those responsible makes Yellville synonymous with cruelty to animals."

"The turkey drop is a throwback to a sorry time when human beings were bone-ignorant of animals' feelings," she said.

The Phantom Pilot usually tries to remain anonymous. But newspaper photographs in 2015 revealed the identification number of Woods' single-engine 1959 Cessna 182B.

He flew again as the Phantom Pilot last year.

Investigators with the FAA met with Woods and determined that he wasn't doing anything that violated their rules regarding turkeys being "released" from his plane as it flew over Crooked Creek.

It's legal to drop objects from airplanes as long as they don't damage people or property on the ground, said Lynn Lunsford, a spokesman for the FAA in Fort Worth.

"FAA regulations don't specifically deal with dropping live animals out of airplanes, so we have no authority to prohibit the practice," he said in an email. "This does not mean we endorse it."

Animal cruelty isn't the FAA's jurisdiction, he said.

Terry Ott, the county judge in Marion County, said things seemed to go smoothly Saturday.

"The ones I saw flew fine, no trouble whatsoever," he said. "One of them while I was there flew back over the town and went to the north side of town."

Most of the turkeys glide to a landing and are then caught by people at the festival, who sometimes have them for dinner during the holidays.

Last year, about a dozen turkeys were dropped from Woods' plane, and two of them reportedly died on impact.

For more than 50 years, the turkey drops have occurred during the annual Yellville Turkey Trot festival. No turkeys were released from airplanes from 2012-14. Woods resumed the practice in 2015. He said the hiatus wasn't because of outside pressure. During that time, turkeys were tossed from the roof of the courthouse or from the stage.

In a text message Saturday, Woods wrote that "all those 'bird-loving' people" have misplaced priorities. They use "nasty, threatening words" and are upset about turkeys, which can fly, but they didn't say anything when a 4-year-old child was killed in the area in November.

Whether wild turkeys can fly has been a central issue of the turkey-drop debate.

Wild turkeys can fly at speeds up to 55 mph, but they usually fly from treetop to treetop, at an altitude of less than 100 feet. Woods said last year that the turkeys were released at an altitude of 600 to 700 feet over the creek.

Yvonne Vizzier Thaxton, a professor of poultry science at the University of Arkansas, Fayetteville, said that altitude would be enough to cause stress to the birds. She called the turkey drop a "horrific act of abuse."

Story, photo and comments ➤ http://www.arkansasonline.com

Rescue from above: Firefighters in Wine Country fires save lives, homes from the sky

When the wildfire started on top of Atlas Peak in Napa, several residents found themselves in a harrowing situation — the flames were getting closer, but downed trees and power lines blocked the road and made it impossible for them to escape.

That’s when an angel in the form of a Super Huey helicopter came to the rescue.

Cal Fire Capt. James Robbins and his crew, in their 1970s-era helicopter — a veteran of the Vietnam War — swooped in last Monday morning and landed nearby. They hiked up to the homes in the 5000 block of Atlas Peak Road, where the distress call originated, and found a husband and wife and their two dogs. Then they used the couple’s car to press on, checking for more evacuees. That’s when they found three more people desperate to get out — an elderly couple and a younger woman.

The team loaded the people and dogs into their Super Huey and a second helicopter provided by the California Highway Patrol, and dropped them safely off at a shelter set up at Solano County Community College.

The count of people reported missing in the fires is already too high, Robbins said.

“Any time we can take that number and change it by grabbing people and taking them out of harm’s way, it’s a good feeling,” he said.

Along with the firefighters on the ground, Cal Fire has dozens of aircraft battling the blaze from the sky — everything from small helicopters that douse the flames with a few hundred gallons of water at a time, to a massive 747 that holds nearly 20,000 gallons of bright-pink fire-retardant. The aircraft work along a fire’s edge, dropping water and retardant to slow the blaze enough so that firefighters on the ground can dig trenches and clear brush to form a line that will stop the flames from spreading.

Helicopters also shuttle teams of firefighters to the fire line, execute daring air rescues and perform reconnaissance missions — flying above the fire-swept landscape to gather intel on the blaze’s size, location and the direction it’s moving, to help ground crews plan their route of attack. It’s a key part of the strategy in a firefight where steep terrain and limited resources have made it difficult to quickly deploy enough firefighters on the ground.

But aircraft don’t pose a perfect solution. In high winds like the North Bay has been experiencing this past week, fire-retardant blows away after it’s dropped, instead of smothering the flames as intended. And on Wednesday, smoke blew so thick into Robbins’ base at Angwin Airport in Napa County that all aircraft were grounded for several hours — forcing them to sit helpless on the ground, unable to aid the firefighters on the front lines.

For Robbins and his pilot, Todd Hudson, the firefight is personal. Both are locals, and are normally based out of Boggs Mountain Helitack Base, just north of Calistoga.

In the helicopter last Monday, there wasn’t much quiet time to exchange names, phone numbers or even thank yous, so Robbins doesn’t know what became of his charges after he spirited them away to safety. But that air rescue was a bright spot at the start of what shaped up to be a long and grueling assignment for Robbins and his crew.

Robbins worked all night Oct. 8 fighting the Sulfur fire in Lake County, finally returning to Angwin Airport around 6 a.m. the next day. Almost as soon as he landed, he got the call about the families stranded on Atlas Peak — stretching his day into a 36-hour marathon.

Firefighters are supposed to work 24-hour shifts, followed by 24 hours off duty, but with resources stretched thin across multiple fires, some have been forced to work 60 or even 96 hours at a time.

“There’s so many miles of open line,” Robbins said. “The resources are spread so thin, that there’s nobody there to do it.”

That makes it that much harder to fight these fires, especially in a high-risk situation like making a water drop from a helicopter. While flying just 100 feet off the ground, the pilot has to look out for trees and power lines that seem to disappear against a smoke-filled sky.

“Everybody’s trying to stay awake and not lose focus on our mission,” Robbins said, “and make sure everyone’s safe.”

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

Cessna 182A Skylane, N2230G: Fatal accident occurred March 13, 2016 near Alpine Airport (46U), Lincoln County, Wyoming

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

NTSB Identification: WPR16FA084
14 CFR Part 91: General Aviation
Accident occurred Sunday, March 13, 2016 in Alpine, WY
Probable Cause Approval Date: 11/06/2017
Aircraft: CESSNA 182A, registration: N2230G
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.

The noninstrument-rated, private pilot and three passengers were departing in dark night conditions with the moon below the horizon. The area along the flight route was unpopulated with few lights in the immediate vicinity. A handheld GPS unit found in the wreckage revealed that, shortly after becoming airborne, the airplane made a climbing 360° turn from about 20 to 425 ft above ground level (agl). The airplane then maintained a heading toward the destination for about 30 seconds, never climbing above about 550 ft agl. During the last seconds of the flight, the airplane made a descending right turn likely because the pilot experienced a loss of visual reference due to the dark night conditions. Ground scar analysis, impact signatures, and wreckage fragmentation patterns indicated that the airplane impacted terrain in a nose-low attitude, consistent with the airplane stalling before impact. A postaccident examination of the airframe and engine revealed no evidence of a mechanical malfunction or failure that would have precluded normal operation.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The noninstrument-rated pilot's failure to maintain airspeed during the initial climb in dark night conditions with no visual reference, which resulted in a stall and collision with terrain.



Heidi and Thomas “Brook” Summers

Jessica and David Anderson


The National Transportation Safety Board did not travel to the scene of this accident.

Additional Participating Entities:
Federal Aviation Administration / Flight Standards District Office; Salt Lake City, Utah
Textron Aviation; Wichita, Kansas
Teledyne Continental Motors; Mobile, Alabama

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

Investigation Docket - National Transportation Safety Board: https://dms.ntsb.gov/pubdms

http://registry.faa.gov/N2230G



NTSB Identification: WPR16FA084
14 CFR Part 91: General Aviation
Accident occurred Sunday, March 13, 2016 in Alpine, WY
Aircraft: CESSNA 182A, registration: N2230G
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.

HISTORY OF FLIGHT

On March 13, 2016, at 0227 mountain standard time, a Cessna 182A airplane, N2230G, collided with terrain shortly after departing from Alpine Airport, Alpine, Wyoming. The private pilot and three passengers sustained fatal injuries, and the airplane sustained substantial damage. The airplane was registered to and operated by a private individual as a 14 Code of Federal Regulations Part 91 personal cross-country flight. The flight was departing from Alpine with an assumed destination of Rigby Airport, Rigby, Idaho. Visual meteorological conditions existed at the departure airport about the time of the accident, and no flight plan had been filed.

A resident, who lived on the east side of the runway at Alpine Airport, stated that he heard the airplane land on March 12 about 1930 and heard the airplane depart about 0230 the next day. He stated that the departure sounded normal but without the typical "slow fade away of the prop noise." The noise had just suddenly stopped, which he thought was unusual enough that he looked out the window and only observed some stars with a few clouds.

According to a saloon employee, the pilot and passengers had visited Alpine on numerous occasions, where they would usually have dinner at the Bull Moose Saloon; it is unknown how many flights they had conducted to Alpine previously, but they had driven there many times. She recalled that they arrived about 2000 and left about 0200. She stated that they were in a good mood the entire time and did not notice any anomalies. She stated that the pilot did not drink alcohol while he was at the tavern.

A Garmin GPSMAP 396, battery-powered portable GPS receiver was located in the wreckage. The unit included a built-in Jeppesen database and was capable of receiving XM satellite radio for flight information. The unit stored date, route-of-flight, and flight-time information; all recorded data were stored in nonvolatile memory.

Recorded data plots were recovered for the timeframe that matched the airplane's anticipated flight track after departing from Alpine. The track indicated that the airplane departed from runway 31 at 0224:35. After becoming airborne, the airplane continued over the runway until reaching the departure end, where it made a climbing 360° left turn from about 5,650 to 6,075 ft mean sea level (msl or about 20 to 425 ft above ground level [agl], respectively). The airplane maintained a northwest heading for about 30 seconds, never climbing above 6,200 ft msl (550 ft agl).

The last four data points of the flight track occurred over 7 seconds from 0226:33 to 0226:40. During that time, the speed increased from 71 to 104 knots, and the altitude decreased about 350 ft while entering a descending right turn (the direction of travel changed from 300° true to 32° true). The last recorded point was timestamped 0226:40 and showed the airplane about 500 ft southwest of the accident site at 5,859 ft msl with a groundspeed of 104 knots.

PERSONNEL INFORMATION

The pilot held a private pilot certificate with a single-engine land rating. His third-class medical certificate was issued on April 12, 2012, with no limitations. The pilot's personal flight records were not recovered.

The airplane's owner stated that the pilot had recently obtained his pilot's license and started borrowing the airplane about 2 months before the accident. The pilot was checked out in the airplane by a flight instructor and was free to use it as he pleased. The pilot sent the owner a text at 1912 on the night of the accident stating that he was going to take the airplane flying.

AIRPLANE INFORMATION

The airplane, serial number 51530, was manufactured in 1958. It was equipped with a Continental Motors O-470-L engine, serial number 68518-8-L. A review of the airplane's maintenance logbooks revealed that the airframe's last annual inspection occurred on December 03, 2015, at a total time of about 2,505.6 hours, at which time the engine underwent its last 100-hour inspection, at a tachometer time of 1,393.6 hours.

According to the airport manager, the airplane was not refueled in Alpine. The airplane owner estimated that, at the time of the accident, the airplane would have had about 48 gallons of fuel. The amount of fuel in each wing tank could not be determined.

METEOROLOGICAL INFORMATION

A METAR generated by an Automated Surface Observation System at the airport indicated that, about the time of the accident, the conditions were as follows: wind was from 060° at 4 knots, temperature 6°F, dew point -1°F, and altimeter setting 29.87 inches of mercury.

According to the U.S. Naval Observatory, on the morning of the accident, the sun rose at 0739. At the time of the accident, the moon was about 28° below the northwestern horizon; the phase of the moon was waxing crescent with 25% of the moon's visible disk illuminated.




WRECKAGE AND IMPACT INFORMATION

The accident site was located on hard snow-and-gravel terrain along the shoreline of the Palisades Reservoir, located about 1 mile northwest of the runway. The entire wreckage sustained thermal damage, and the cockpit was consumed by fire. The debris field stretched from west to east and was about 50 yards long and 35 yards wide. At the beginning of the debris field, the propeller was found embedded in a crater about 3 ft deep and 8 ft wide.

The destination airport in Rigby, Idaho (elevation 4,845 ft msl), was about 47 nautical miles (nm) from Alpine Airport (elevation 5,630 ft msl) on a bearing of about 310°. A valley extended between the two airports with peaks on either side reaching up to 8,000 ft msl. The surrounding area was unpopulated with few lights in the immediate vicinity. The flight data indicated that the airplane had flown between the airports on prior occasions; however, it could not be determined if the pilot flew those trips.

TESTS AND RESEARCH

Following recovery, the wreckage was examined at a facility in Greeley, Colorado. The wreckage was partially consumed by fire. The intensity of the thermal damage in the cockpit area prohibited investigators from being able to establish complete flight control continuity.

An external examination of the engine revealed that all cylinders were secured to the crankcase. Both the exhaust and induction systems sustained impact damage. The carburetor had separated, and only a portion of the bowl remained attached to the mixture cable in the lower cowling wreckage. The carburetor throttle plate and control arm remained attached to the damaged throttle cable. The throttle control arm remained attached to the carburetor base and throttle plate shaft.

Removal of the top spark plugs revealed that the No. 3 plug was covered in mud. According to the Continental Motor's Group representative, the remaining spark plugs revealed evidence of normal wear conditions and combustion deposits. Engine internal continuity was confirmed by manually rotating the engine. The pistons moved normally inside the cylinders. The rear accessory gears rotated normally. Thumb compression could not be achieved due to impact damage. The combustion chambers remained mechanically undamaged, and there was no evidence of foreign object ingestion (preimpact) or detonation. The valves were intact and undamaged. No evidence of valve-to-piston face contact was observed.

The engine oil sump was crushed upward against the internal engine components. The engine oil pump remained attached. The oil screen was removed and inspected, and no abnormal contaminants were found on the oil screen. The oil cooler had separated but was recovered.
Both the right and left magnetos had separated from their mounts but remained attached to the ignition harness. Both magnetos exhibited thermal damage. The magnetos could not be functionally tested due to thermal damage. Both magnetos were partially disassembled to examine the internal components, and all components were thermally damaged.

The propeller had separated from the engine crankshaft. Both propeller blades remained attached to the hub but were loose in the hub housing. Both blades exhibited chordwise scratching and gouging with deep gouging along the leading edge of one of them. Both propeller blades were bent rearward and thermally damaged.

There was no evidence of mechanical malfunction or failure with the airframe or engine that would have precluded normal operation. A complete examination report is contained in the public docket for this accident.

MEDICAL AND PATHOLOGICAL INFORMATION

The Lincoln County Coroner's Office stated that it was unable to conduct an autopsy of the pilot due to the thermal damage.

The FAA's Bioaeronautical Sciences Research Laboratory performed toxicological tests on specimens from the pilot. According to the toxicological report, the results were negative for ethanol (alcohol) and other tested drugs.

NTSB Identification: WPR16FA084
14 CFR Part 91: General Aviation
Accident occurred Sunday, March 13, 2016 in Alpine, WY
Aircraft: CESSNA 182A, registration: N2230G
Injuries: 4 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 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.

On March 13, 2016, about 0230 mountain standard time, a Cessna 182A, N2230G, collided with terrain shortly after departing from Alpine Airport, Alpine, Wyoming. The airplane was registered and operated by a private individual under the provisions of 14 Code of Federal Regulations (CFR) Part 91. The private pilot and three passenger sustained fatal injuries; the airplane sustained substantial damage. The personal cross-country flight was departing from Alpine with an assumed destination of Rigby Airport, Rigby, Idaho. Visual meteorological conditions prevailed and no flight plan had been filed.

A resident at the Alpine Airport stated that he heard the airplane land on March 12 about 1930. The pilot and passengers then went to a local restaurant for the night. The resident heard them depart about 0230 on March 13. The departure sounded normal but he could not discern the slow fading of noise of a takeoff that he could normally hear during a departure due to the orientation of the mountains.

The airplane wreckage was located about 1.5 mile north-northwest of the runway and was consumed by fire. The wreckage was recovered for further examination.

Travel Air 4000, N9872, Fun Flights LLC: Accident occurred November 14, 2015 at McClellan–Palomar Airport (KCRQ), Carlsbad, San Diego County, California

Additional Participating Entity:
Federal Aviation Administration / Flight Standards District Office; San Diego, California

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

Investigation Docket - National Transportation Safety Board: https://dms.ntsb.gov/pubdms

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

Fun Flights LLC: http://registry.faa.gov/N9872




NTSB Identification: GAA16CA049
14 CFR Part 91: General Aviation
Accident occurred Saturday, November 14, 2015 in Carlsbad, CA
Probable Cause Approval Date: 03/14/2016
Aircraft: CURTISS WRIGHT Travel Air, registration: N9872
Injuries: 3 Uninjured.

NTSB investigators used data provided by various entities, including, but not limited to, the Federal Aviation Administration and/or the operator and did not travel in support of this investigation to prepare this aircraft accident report.

According to the pilot of the tailwheel-equipped biplane, during the fourth landing roll of the day, the airplane "fish tailed" to the right and he was not able to maintain directional control. The airplane ground looped to the left on the runway, the right main landing gear collapsed and the lower right wing struck the ground. The airplane sustained substantial damage to the lower right wing and wing strut.

The pilot reported that there were no mechanical failures or anomalies prior to or during the flight that would have prevented normal operation.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The pilot's failure to maintain directional control during the landing roll, resulting in a ground-loop, and substantial damage to the right wing and wing strut.

Cessna 172L Skyhawk, N4256Q and Piper J3C Cub, N70522: Accident occurred Sunday, November 15, 2015 at Greeley–Weld County Airport (KGXY), Colorado



Federal Aviation Administration / Flight Standards District Office; Denver, Colorado

N4256Q Aviation Accident Final Report - National Transportation Safety Board: https://app.ntsb.gov/pdf


N4256Q  Investigation Docket - National Transportation Safety Board: https://dms.ntsb.gov/pubdms


N4256Q Aviation Accident Data Summary - National Transportation Safety Board: https://app.ntsb.gov/pdf


Registered Owner: Burnham Cessna N4256Q LLC

Operator:  Aims Community College

http://registry.faa.gov/N4256Q


NTSB Identification: GAA16CA058A

14 CFR Part 91: General Aviation
Accident occurred Sunday, November 15, 2015 in Greeley, CO
Probable Cause Approval Date: 03/14/2016
Aircraft: CESSNA 172, registration: N4256Q
Injuries: 2 Uninjured.

N70522 Aviation Accident Final Report - National Transportation Safety Board: https://app.ntsb.gov/pdf

N70522   Investigation Docket - National Transportation Safety Board: https://dms.ntsb.gov/pubdms

N70522  Aviation Accident Data Summary - National Transportation Safety Board: https://app.ntsb.gov/pdf

http://registry.faa.gov/N70522

NTSB Identification: GAA16CA058B
14 CFR Part 91: General Aviation
Accident occurred Sunday, November 15, 2015 in Greeley, CO
Probable Cause Approval Date: 03/14/2016
Aircraft: PIPER J3C, registration: N70522
Injuries: 2 Uninjured.

NTSB investigators used data provided by various entities, including, but not limited to, the Federal Aviation Administration and/or the operator and did not travel in support of this investigation to prepare this aircraft accident report.

According to the pilot of tandem cockpit, tailwheel-equipped Piper airplane, which he was operating from the rear seat, while taxiing to the runway his forward visibility was diminished by his airplane's nose, requiring the use of "S" turns in order to clear the area in front of the airplane. He reported that a Cessna airplane was in front of his airplane, and taxiing to the runway as well. He remarked that he and the Cessna were holding on the taxiway momentarily in order to monitor and give way to arriving and departing traffic. He reported that the Cessna moved forward, and he followed, but while entering the "S" turn, he lost sight of the Cessna. He remarked that he abruptly applied the right brake in order to avoid a collision, and his left wing impacted the Cessna's rudder. 

The pilot of the Cessna reported that during his taxi to the runway, his airplane was struck from behind by the Piper airplane. Both pilots shut down their airplanes, assessed the damage and exchanged information. The Cessna sustained substantial damage to the rudder, while the Piper sustained minor damage to the left wing.

Both pilots reported that there were no mechanical failures or anomalies prior to or during the flight that would have prevented normal operation.

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The pilot of the following airplane failed to maintain adequate spacing during the taxi to the runway, resulting in a collision with the lead airplane.

Law Review: Hot air balloon crashes in vineyard

Jim Porter
Law Review

Seventy-eight year old Erika Grotheer, a German citizen visiting California, signed up for a hot air balloon tour with a company called Escape Adventures. The eight passengers were to land in a nearby vineyard owned by Wilson Creek in Temecula, Calif.

THE CRASH

The first part of the ride was spectacular and uneventful. The landing less so.

The balloon was being pushed "at a good clip by the wind" and was "going sideways" as one rider later described, when it crashed into a three-rail fence, hit the ground with a "hard bump and a bounce" and dragged down wind 30 or 40 yards, coming to rest "on its side, not its bottom."

Erika Grotheer suffered a broken leg and sued Escape, its operator Gallagher and Wilson Creek. Who sues over a broken leg, especially after signing a release?

CAUSE OF THE CRASH

Operator Gallagher claimed the balloon's descent was hastened by a "false lift," which he described as a condition where the wind travels faster over the top of the balloon than the rest of the balloon. He tried adding heat to the balloon's envelope, but it was too late.

Erika Grotheer's balloon pilot expert disagreed testifying that the balloon had simply experienced a wind sheer, and Gallagher negligently failed to add sufficient heat before the balloon crashed.

ARE HOT AIR BALLOONS 'COMMON CARRIERS?'

A common carrier is "a person or company that transports goods or passengers on regular routes at set rates." Like planes and trains. Common carriers "must use the utmost care and diligence for passengers' safe carriage," a higher duty of care to their customers. Common carriers status emerged in California in the mid-1900s involving stagecoaches, later expanded by the courts to scenic airplane and railway tours, ski lifts and rollercoasters — plus planes and trains, of course.

Faithful readers recall our column where the Supreme Court declined to extend common carrier "utmost care" status to bumper cars, a court opinion I wrote of approvingly.

As the court concluded in our hot air balloon case, operators of rollercoasters, ski lifts, airplanes, and trains can take steps to make their passengers safer, while with hot air ballooning safety measures and pilot training can only go so far in mitigating landings because of a hot air balloon's limited steerability.

Escape was found not to be a common carrier held to a higher duty to protect its passengers.

ASSUMPTION OF RISK

You faithful readers, same group as above, know that the "Law Review" has discussed the assumption of the risk doctrine where given the inherent risks associated with certain sports and activities, the participants "assume the risk" of injury and have limited rights to sue.

These cases include, water skiing, flag football, man walking into the Burning Man effigy, white water rafting, snow skiing and boarding, golf, errant foul balls at a baseball game, auto racing, motocross, cross country horseback riding, and on and on.

I always liked this quote: "The primary assumption of risk doctrine helps ensure that the threat of litigation and liability does not cause [certain] recreational activities to be abandoned or fundamentally altered in an effort to eliminate or minimize inherent risks of injury."

INJURED BALLOON PASSENGERS

The Fourth District Court of Appeal ruled against our broken leg passenger concluding that hot air balloons are not common carriers, a huge win for those companies; and Erika Grotheer had assumed the risk of her injuries when she signed up for a hot air balloon ride — even though the operator was negligent.

Jim Porter is an attorney with Porter Simon licensed in California and Nevada, with offices in Truckee and Tahoe City, and Reno. His practice areas include: real estate, development, construction, business, HOA's, contracts, personal injury, accidents, mediation and other transactional matters. He may be reached at http://www.portersimon.com.

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