60. Crash that claimed Wichita State team still haunts C-M grads The standard as set out in the Administrator's 1967 Order is appropriateness. Also, consideration must be given to the fact that those who carry persons or property by aircraft for compensation or hire have a duty to perform their services with the highest possible degree of safety. (See Appendix II for relevant sections of Handbooks and 1967 Order.). Following an FAA investigation and hearings conducted by the National Transportation Safety Board, the NTSB placed the official blame for the crash on the pilots. 63. 131. 23. (2) Letter of Correction, confirming discussions, and corrective action agreed upon as acceptable to the FAA. Funeral Home . Administrative Action. The F.A.A. Ronald De'Ray Skipper, of Bishopville, pro se. He never married; he will turn 55 in November. N464M struck the tops of trees at an elevation of 10,800 feet M.S.L. 67. Smith v. United States, 546 F.2d 872 (10th Cir. 2. 76. 15. See Marival, Inc. v. Planes, Inc., supra. 1976); First National Bank in Albuquerque v. United States, 552 F.2d 370 (10th Cir. The crew of N464M performed all appropriate checklists prior to departure from Oklahoma City, Wichita, and Denver, on October 2, 1970. Obituary of Ronald Kevin Skipper | Funeral Homes & Cremation Servic 72. All rights reserved. On October 2, 1970, aircraft N464M and N470M were owned by Jack Richards Company, Oklahoma City, Oklahoma. GENERAL POLICY. Skipper is reluctant to answer specific questions now about the events immediately preceding the accident. This was not actually done, however, until an emergency order suspending Everett's rating was issued October 8, 1970. As stated in Ingham, at p. 239: In this case, the allegations of plaintiffs in Count II state a good cause of action under the Tort Claims Act. Born in France, he earned his doctor of ministry degree from Southeastern Baptist Theological Seminary. GENERAL GUIDELINES: It is difficult, if not impossible, solely by a handbook to establish guidelines which will correctly categorize all infractions of the law so as to pinpoint the appropriate enforcement action. Lewis was one of nine people to survive the crash, along with teammates Mike Bruce, John Hoheisel, Randy Jackson, Glenn Kostal, Keith Morrison, Bob Renner, Rick Stephens and co-pilot Ronald Skipper. However, the *393 FAA was still unable to obtain a copy of the lease between Aero Data Link and Western Electric. He should work closely with the aviation community and gain its respect, yet not so closely as to adversely affect his decisions and enforcement actions. Cardinals manager Oliver Marmol says umpire C.B. Bucknor has 'zero Call Us (909) 882-3761 If an AI does not perform his work in accordance with detailed regulations, the FAA can charge him with such failure and terminate his license to perform such inspections. However, such liability of the State of Kansas, being solely contingent upon a judgment of liability in this cause against the United States, the State of Kansas has no liability herein. Sizemore did not report the condition of seatbelts he found in an unairworthy condition because Richards had agreed to replace the seatbelts before the plane went into service. In Indian Towing, liability of the government was upheld under the Tort Claims Act for property damages occasioned when a vessel ran aground as a result of the Coast Guard's allegedly negligent failure to maintain the beacon light in a lighthouse. They placed bids for air mail contracts, but were not awarded a contract until the summer of 1970. M.D.T., for planned refueling. SKIPPER v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS | FindLaw 1625375, with ratings for airplane multi-engine land, DC-3, DC-6, DC-7, and commercial privileges for Martin 202 and Martin 404 aircraft, and airplane single engine land. In these situations it must be understood that company action should be taken into account only to the extent that it is adequate company action may not preclude additional FAA action if such is warranted. 6. Kimble Ronald Skipper Macon, MS Kimble Ronald Skipper, 81, passed away Sunday, January 3, 2016 at Windsor Place in Columbus, MS. Graveside service will be held Wednesday, January 6, 2016 at 3:30 p.m. at Oddfellows Cemetery, Macon, Ms. A Visitation will be held at Cockrell Funeral Home Chapel on Wednesday from 2-3 p.m. Cockrell Funeral Home is entrusted with arrangements. Mr. Ralph J. Skipper, "Skip", 74 of 4224 North Kinsley Ave. Richmond VA, entered into eternal rest on Thursday morning, March 11,2021 after a period of declining health at VCU Medical Hospital. Skipper attended Cache Public Schools until the fifth grade until his family moved to Layton, Utah where Skipper would reside until his early adult life. comment . Available sanctions include administrative, legal, criminal and certain others. The time of the crash was approximately 1:00 p. m. M.D.T. 64. 32. 16. It is the responsibility of the lowest operational level of Flight Standards, appropriate to the violation involved, for determining whether compliance may best be obtained through *419 administrative enforcement action or through legal enforcement action. From the Aviation Administrator's 1967 Order Outlining Compliance and Enforcement Policy, it is clear the decision as to the extent of investigation, and which enforcement *403 procedure is "appropriate," is left to the lowest operational level of Flight Standards "appropriate to the violation involved." Until that moment the flight had been absolutely routine, he said. 27. At all times relevant to this case, Billie Lee Abram was the Chief of the General Aviation District Office (hereinafter referred to as "GADO"), of the Federal Aviation Administration, Wichita, Kansas; Melvin Hanson was the Chief of the GADO at Oklahoma City, Oklahoma; Norman H. Plummer was the Regional Counsel of the Federal Aviation Administration, with offices at Fort Worth, Texas; and F. C. Woodruff was a member of the legal staff of the FAA Aeronautical Center in Oklahoma City. At the time of the crash and in the vicinity of the crash site, the weather was clear with unlimited ceiling and visibility. An Oklahoma City bank account and post office box were also opened in Oklahoma City for Aero Data Link. Appropriate members of my staff will monitor regional enforcement procedures to insure consistent enforcement nationally, and will report to me any deficiencies or discrepancies. The plane was one of two taking the team, coaches and some fans to Logan, Utah, for a game. On September 8, 1970, the FAA Air Carrier District Office wrote to the legal and patent division of Western Electric in New York, stating Western Electric could aid in the FAA's effort to determine whether or not a violation had been committed by furnishing certain specific documents. 120. The FAA exercised some indirect supervision over Sizemore's work product. Ronald Skipper Obituary - Nashville, Georgia - Tributes.com He pastored First Baptist Church of Loris and Kittiwake Baptist Church in West Columbia. Even were the court willing to indulge in speculations outlined above, he cannot find the illegalities perhaps evidenced in the December 3, 1969 and subsequent Golden Eagle Wichita State agreements and not discovered by the FAA because of negligent investigation, were such as to proximately cause the October 2, 1970, air crash. a. He held a First Class Medical Certificate, issued by the FAA on August 21, 1970, with no limitations. Flight Standards is responsible for submitting a complete report to Counsel, including a technical analysis and recommendation for the action required in the public interest. His Oklahoma City-based company, Golden Eagle Aviation, was shut down by the Federal Aviation Administration shortly after the crash and Skipper lost his pilots license for a little more than a year. The Court also found there is no persuasive evidence the crash of N464M was caused either wholly or in part by faulty landing gear, engine mounts, or fabric. 1959); Western Steel Buildings, Inc. v. Adams, 286 F. Supp. 32. At that point, Captain Crocker said, I have the air craft, and began a left turn. Most of the legal contentions advanced by either side have previously been addressed by this Court in a memorandum opinion. 11. The Flight Standards Service has the sole and ultimate responsibility for conducting prompt investigations and reporting violations, including the gathering and submission of all evidentiary material. Eastern sold N464M to Mohawk Airlines in August of 1961. The distance over this route is virtually the same as over the route ultimately flown by N464M. Info on three postal boxes associated . McDougal, Timothy Paul 1 entry. The above referenced transaction for lease of the DC-6A aircraft by Western Electric was made between Western Electric and Aero Data Link. . On June 4, 1970, FAA Regional Counsel, Plummer, wrote to Regional Flight Standards, saying it was necessary to obtain a copy of the aircraft lease between Western Electric and Aero Data Link in order to render a legal opinion. For the above reasons, the Court finds plaintiffs' claim as to negligent investigation and enforcement by FAA officials is barred by the discretionary function exception to the Federal Tort Claims Act. The primary negligence alleged and for which proof was offered by plaintiffs, is that of Hanson and Abram in failing to adequately and expeditiously investigate and report Golden Eagle's violations and, upon receipt of Regional Counsel Plummer's legal opinion that Golden Eagle had entered into a contract specifying actions violative of the Federal Aviation Regulations, in failing to take appropriate action available to immediately stop Golden Eagle's operations. 35. Nevertheless, in the interest of judicial economy and the most complete judicial determination of multi-district litigation, since the court has heard and considered the evidence, both testimonial and depositional, and the stipulations and admissions of the parties, he will proceed to a decision on the kindred issue of proximate cause by any act of negligence of an employee of the United States. Make a Memorial Donation . BEST OFFER - SAVE 37%. As will be noted following, the Indian Towing case was considered precedential in Neustadt and other later federal cases, and more significantly, the factual situation and allegations of governmental negligence closely resemble acts or omissions of Sizemore, the FAA authorized inspector in this case. He also held a Flight Instructor's Certificate for airplanes and instruments, which had expired April 30, 1969, and a Mechanic's Certificate No. Based at Ng Whare Waatea marae in Mangere, it is located in the middle of the biggest Mori population in Aotearoa. The NTSB report says most ground witnesses testified the engines appeared to be operating normally. billed annually at $99.99 a year. Sizemore was compensated by Jack Richards Aircraft, and not by the FAA for his annual inspection of N464M. The report listed other significant factors in the crash, including the overloaded condition of the plane and a lack of understanding on the part of the crew of the airplanes capabilities and limitations. Ronald Ray Skipper Jr. (50) Formerly of Vicksburg, Michigan passed away on Tuesday January 31st, 2023 after a battle with Cancer. ), and assuming the aircraft has been serviced with anti-detonation injection fluid, is approximately 42,975 pounds. Defendant therefore alleges if it is found liable to plaintiffs, such negligence giving rise to liability is merely passive and defendant is entitled to indemnification from third-party defendants. Field personnel will recommend either civil penalty or certificate action. During the period relevant to the events of this litigation, Skipper was President of Golden Eagle, Danielson was Vice-President and Secretary-Treasurer, and Kennedy was Vice-President of Operations. In 2009, he traveled to the Colorado crash site for the first time in 2009. Such action may consist of the issuance of one of the following: (1) Safety Compliance Notice, including a reprimand to the violator if appropriate. 11. WICHITA, Kan. (KWCH) - Dave Lewis, who survived the plane crash that killed 28 members of the Wichita State football team, including players, coaches, boosters, the schools athletic director and other support staff, died on Sunday, the university announced. At all material times, AI's were not required to notify the FAA when they were performing, or had completed, an annual inspection. Under the facts as set out in the Court's Findings of Fact, the investigation into the Western Electric Golden Eagle contract and enforcement proceedings relevant thereto were being non-negligently carried out by FAA personnel at the time of the air crash. 2680(h). b. Additionally, it was requested that Western Electric submit a statement regarding the entire relationship between Golden Eagle and Western Electric. The Federal Aviation Act of 1958 and Regulations adopted pursuant thereto create and establish an actionable duty on the part of FAA personnel to persons in the zone of danger, that is, air passengers, carrier pilots and personnel to carry out operational activities undertaken pursuant to the Act and Regulations in non-negligent manner. Years of legal battles, however, never produced a single civil or criminal judgment against Skipper or his company. Griffin v. United States, supra, at 1068-1069. Obituaries | stateportpilot.com . 93. Plaintiffs' Count I alleges certain FAA officials negligently performed or failed to perform nondiscretionary duties involving enforcement of FAA regulations. After preliminary correspondence, on April 24, 1970, Bert Katzenmeyer, temporary Athletic Director at Wichita State University, accepted by letter Golden Eagle's bid outlining the total cost for transportation, including the aircraft lease and services, for five road games in the fall of 1970. 18. The intent of Congress in enacting the Federal Aviation Act of 1958 was to improve air safety and to prevent or reduce tragic aviation accidents. 2014532, with airframe and powerplant ratings. Ronald Skipper, copilot of the downed plane and president of Jack Richards Aircraft Company, testified that he did not know why Crocker grabbed the controls from him or why the engines began vibrating immediately before the crash. He held a First Class Medical Certificate, issued by the FAA on July 27, 1970, with the limitation: "holder shall wear correcting glasses while exercising the privileges of his Airman's Certificate." Thus, it is the inspector's duty to determine what investigation is "appropriate," and upon completion of such, to determine whether to take administrative or special emergency action, or to forward the report for legal enforcement. The distance to the lowest point (12,517 feet M.S.L.) Conversely stated, the misrepresentation exception will be applicable if either of two events occur: (1) any governmental duty under a statute or regulation is incidental or secondary to the primary statutory purpose; or (2) the injury stems proximately from a misrepresentation of facts based on either negligent or non-negligent conduct, rather than upon the conduct itself. This is not, however, a *397 proper reason for Sizemore's failure to list and require repair of faulty seatbelts before certification. At all material times, AI's were entitled to perform annual inspections wherever and whenever they chose, so long as an AI performed enough inspections each year to maintain his rating. 61. On Wednesday, February 22, 2023, Margaret V. Savage gained her wings and went to be with the Lord. Upon the basis of facts as set out in the Findings of Fact, the Court here affirms *406 and readopts the portion of its Memorandum and Order of January 31, 1977 in this action, finding Sizemore was acting as an employee of the United States at the time of his inspection of N464M and certification of its airworthy condition. regulations in the flight. The Court is not prepared to find any of these possible courses would or would not have been properly taken. *409 It is clear to this Court that the legal and factual allegations herein are closely aligned to those of Indian Towing and Ingham, rather than those of Neustadt and Marival. It is the responsibility of the regional/area counsel to undertake all legal handling of safety enforcement cases. This lease was sent to the University by Golden Eagle to replace the Aero Data Link lease. In sum, it is simply too speculative to assume the October 2, 1970 trip would not have been made, or would have been made with more pilot care, had Abram diligently investigated terms of the Golden Eagle Wichita state agreements. Pinger also personally signed several contracts between Western Electric and Aero Data Link for lease of aircraft, and signed several blank contracts and checks at Kennedy's request after Pinger left the Oklahoma City area on or about April 28, 1970. 53. An AI, after conducting the annual inspection of an aircraft, does not issue or reissue an airworthiness certificate he merely certifies in the aircraft maintenance records that in his inspection he found the aircraft to be in airworthy condition and therefore approves it for return to service. Hanson informed them he could not render an opinion on the legality of the operation under Federal Air Regulations, but would send the contract to an FAA legal adviser. The FAA negligence alleged, proved and found to be a proximate cause of the crash was failure of an employee, in accordance with FAA regulations, to advise of a change and worsening of a foggy weather condition which affected the plane crew's landing visibility. 129. On July 23, 1970, the Oklahoma City GADO obtained and forwarded a copy of the aircraft lease agreement between Concare Aircraft Leasing Corporation and John P. Kennedy, d/b/a Aero Data Link of Huntington, New York. 1515 Ringling Boulevard 10Th Floor Sarasota, FL 34236. Twelve gallons of oil were placed in each engine supply tank of aircraft N464M at Denver, Colorado. Conversely, it is difficult to envision a similar situation where a commercial pilot carrying passengers for hire should not be subject to legal enforcement action rather than administrative action. The left turn was so sharp that a passenger by the name of Stevens, who had walked up to stand behind the pilots in the cockpit, fell down. Skipper said he did not know about the damage to his heart until it showed up in the routine EKG tests required for the certificates renewal. During the flight to Denver, he visited passengers in the cabin, telling them they would be taking a more scenic route than the original flight plan. Was the violation inadvertent or deliberate? 125. The 1970 season. Plaintiffs claim FAA officials Hanson, Abram, Plummer, and certain others knew or should have known from facts at their disposal of Golden Eagle's pattern of conduct violative of Part 121 of the Federal Aviation Regulations; failed to adequately investigate when Golden Eagle's connections with Wichita State University became apparent; failed to advise Wichita State University of the illegality and possible danger involved in the use of Golden Eagle's services; and failed to take timely enforcement action to halt the pattern of continuing violations by Golden Eagle. Plaintiffs state such unairworthy condition was the proximate cause of the air crash of October 2, 1970, which resulted in injuries and deaths of which plaintiffs herein complain. In Re Air Crash Disaster Near Silver Plume, Colo., 445 F. Supp. 384 (D In 1972, Skipper was recalled by that airline, which was purchased by TransAmerica. Mitigating or aggravating factors must be clearly spelled out in the appropriate report in order to properly support action taken or recommended; c. The field inspector is in the challenging and unique situation of not only promoting, fostering, and encouraging aviation growth but also for obtaining compliance with the regulations. In his Findings of Fact the Court found Sizemore was negligent in his inspection of N464M in four respects: (1) he failed to perform a landing gear retraction test; (2) failed to examine X-rays of the engine *410 mount prior to signing off the log book; (3) failed to perform a fabric check on the rudder; and (4) failed to report the absent and useless seat belts on the aircraft. The route was favorable for Ron Skipperthe first officer in the Gold plane carrying the starterswho'd logged approximately 30 hours flying the Martin 404 and was unfamiliar with the terrain of the Rockies. If a negligently performed inspection does not reveal a defect which reasonably should have been detected, and if, in reliance thereof, such defect is thereafter allowed to remain in such aircraft and if such defect ultimately causes the crash of the aircraft and injury to passengers, then the negligence of the inspector in allowing such defect to go unremedied is a proximate cause of passengers' injuries. The Court rules, however, that on the basis of the unsubstantiality and credibility of the evidence presented, he cannot find the absence of proper seat belts proximately caused the injuries and deaths. Copyright 2023 Echovita Inc. All rights reserved. Funeral services for Dr. Ronald Kevin Skipper, 56, of Blythewood, will be held at 1:00 PM Monday, November 23, 2015 at Northside Baptist Church, 4347 Sunset Boulevard, Lexington, SC 29072. The general rule is: To differentiate governmental discretion from professional expert evaluation, the Court must consider whether the decision involves policy judgment as to the public interest, balancing factors such as cost, purpose, and feasibility, or merely involves use of professional training to evaluate the most effective method for achieving results demanded in a specific situation. He stated he was employed by Golden Eagle to crew a DC-6A separately leased by Western Electric for purposes of carrying cargo for Western Electric. Ralph Danford "Danny" Skipper Charleston - Ralph Danford "Danny" Skipper, 76, of Charleston, South Carolina, entered into eternal rest Tuesday, October 19, 2021. at the Pass. This facet of the inspector's job is accomplished, to a large degree, during the inspector's day-to-day work of surveillance as well as through counseling and advising the aviation community with whom he works. https://www.nytimes.com/1970/10/12/archives/copilot-in-crash-defends-the-crew-calls-pilots-qualified-and-terms.html. There is no fool proof mathematical formula. At one point in an interview this month, Skipper could not remember the name of the pilot, Danny Crocker, who died in the crash. Judgment is ordered for the third party defendant, State of Kansas, and against third party plaintiff, United States, on the third party complaint filed herein. However, the viability of the misrepresentation contention appears not to have been analyzed by the Court. 96. Ron was originally born on Oct.8th 1972 in Macon, MO. 90803-2125 Phone : (562) 430-9391 E-mail: rmajor696@charter.net Contact Name: Bill Glover Address: 1929 SW 16th Pl. Administrative enforcement action (Safety Compliance Notice or Letter of Correction) should not be used where the violation was willful or deliberate. Specifically, the alleged negligence was the failure of the Coast Guard personnel to check the electrical system which operated the light, the failure to make a proper examination of the connections and other apparatus connected with the light, and the failure to repair the light or give notice to vessels that the light was not functioning.
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