This agreement was signed by Bruce Danielson, of Golden Eagle, and Bert Katzenmeyer, of Wichita State University. AIR CARRIER (Air Carriers, Commercial Operators and their Employees.) N464M arrived at Wichita, Kansas, on the morning of October 2, 1970, at 8:50 Central Daylight time, 7:50 Mountain Daylight time. I am not convinced that is the best use of money. 3. On November 13, 1969, Golden Eagle applied to the FAA in Oklahoma City for an air taxi/commercial operator certificate under Part 135 of the Federal Aviation Regulations. Contractor License: CR-C053173. Take our Father's Day photo quiz and test your knowledge of celebrity dads and kids. 27.326394,-82.559301 . Ronald Keith Skipper Obituary Remember Ronald Keith Skipper. 75. Such help should be provided upon request. An FAA inspector has discretion to dispose of a known violation by informal administrative action when he deems such appropriate, and no legal action can thereafter be taken by the FAA for such violation. 100. A military academy professor (Ray Milland) becomes romantically entangled with a young woman (Ginger Rogers) whom he first encounters when she poses as a 12-year-old to get a reduced train fare in . 45. To preserve these articles as they originally appeared, The Times does not alter, edit or update them. The agreement between Western Electric and Aero Data Link was dated April 6, 1970, and signed with the name Donald Pinger, d/b/a Aero Data Link. 3. 8. to 12,700 feet at the Continental Divide. They began Oct. 21, less than two weeks after Skipper was released from the hospital. Find an Obituary. *398 116. 21. The Neustadt opinion carefully limited its holding without derogating the previous opinion in Indian Towing as illustrated at footnote 26: In Ingham, the distinction between the type of torts to which the misrepresentation exception applies, and the type to which it does not apply, was again enunciated by Judge Irving Kaufmann, of the Second Circuit panel. You already receive all suggested Justia Opinion Summary Newsletters. Order 1000.9, dated March 14, 1965. However, the method he did use, while the engines were cold, showed satisfactory readings. The Captain for N464M, Danny E. Crocker, had been hired by Golden Eagle Aviation, Inc., as a mechanic, and was used only occasionally as a pilot on an "individual contractor" basis, according to Mr. Skipper. 68. Years of legal battles, however, never produced a single civil or criminal judgment against Skipper or his company. In view of the guile shown by using the phoney Aero Data and Donald Pinger as its phoney officer, the court finds this admission to have the ring of truth. (See Appendix II for relevant sections of Handbooks and 1967 Order.). 109. On October 8, 1970, the FAA issued an Emergency Order of Revocation, immediately revoking Golden Eagle's air taxi/commercial operator certificate. 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. Flight Standards' Analysis of Safety Implications. 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. (2) RECOMMENDING legal enforcement action, either civil penalty or certificate action (suspension or revocation) and, if appropriate, reexamination. The importance of saying "I love you" during COVID-19, Effective ways of dealing with the grieving process, Solutions to show your sympathy safely during the Covid-19 pandemic. https://www.nytimes.com/1970/10/12/archives/copilot-in-crash-defends-the-crew-calls-pilots-qualified-and-terms.html. 74. 127. See Marival, Inc. v. Planes, Inc., supra. Wichita State University intended to utilize a DC-6 aircraft for the 1970 football season. Plaintiffs also contend as a separate cause of action against the United States that an Authorized Inspector (AI), while acting in the cause and scope of employment for the United States, carelessly and negligently inspected, examined, tested, licensed and certified as airworthy the aircraft, when in fact such aircraft was not airworthy but unfit and unsafe to fly, thus proximately causing plaintiffs' damages. On or about May 1, 1970, Hanson received a report from an Air Carrier Inspector in Memphis, Tennessee, that Golden Eagle was operating a DC-6 into Memphis. IT IS SO ORDERED at Wichita, Kansas, this 6th day of October, 1977. This agreement was signed by Ronald G. Skipper, of Golden Eagle, and Robert P. Kirkpatrick, of Wichita State University. I feel badly that we were even flying the team that day. The trip proposal, as distinguished from the actual operation of an aircraft, did not constitute a violation of regulations. BEST OFFER - SAVE 37%. Furthermore, Golden Eagle was not qualified to operate large aircraft for hire. "It's a beautiful day today," Dan Crocker, the pilot, reportedly told the passengers. Ada DeMott Futrell, a loving mother, grandmother, dedicated daycare operator and skilled homemaker, passed away on Sunday, Feb. 19, 2023, at the age of 90. Aero Data Link leased the DC-6A aircraft involved in the April 6, 1970, contract with Western Electric from Concare Aircraft Leasing Corporation of Tulsa, Oklahoma. 96. In his first deposition, Skipper testified had Golden Eagle been aware that the FAA considered it the "operator" of the Wichita State trips, the trip of October 2, 1970 might have continued under different documentation with the University responsible for purchasing fuel. The president of Golden Eagle Aviation, Ronald G. Skipper, was the pilot flying the Gold plane. The "misrepresentation exception" of the Tort Claims Act was specifically argued as a legal defense to governmental liability. 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." Mr. Skipper,. In addition, the Administrator is empowered to apply to the United States District Court for the enforcement of any provision of the Act under which he has jurisdiction. At all material times, Danny E. Crocker, age 27, possessed Airline Transport Pilot Certificate No. On June 2, 1970, Loftin's office wrote to Regional Counsel, requesting a legal opinion on the facts which had been obtained at that time. The story contnues after the crash and into the ensuing FAA investigation. Therefore, although the Court finds Sizemore was an employee of the United States at the time of his inspection and certification of N464M as airworthy, and the Court further finds such inspection was negligently performed, the Court finds such negligence was not a proximate cause of the October 2, 1970 air crash in which plaintiffs or plaintiffs' decedents were injured or killed. Judgment is entered for the United States and against the plaintiffs herein in each of these multi-district cases. 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. a. 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. f. What kind of enforcement actions result from SWAP inspections? Field inspectors will carefully assess all relevant facts in order to reach a fair determination of action to be taken. Although the Court found upon undisputed facts submitted upon defendants' motion for summary judgment that an AI is an employee of the United States within the meaning of the Federal Tort Claims Act, the court allowed further presentation of evidence upon the question at trial. At a point approximately over Dry Gulch, co-pilot Skipper, who had handled the aircraft controls since departure from Denver, decided to execute a teardrop turn in order to gain altitude. In addition, Golden Eagle agreed to provide certain inflight catering services, cabin attendants, and to supply fuel, oil and routine maintenance for the aircraft. The F.A.A. 73. From its position over Dry Gulch, N464M was incapable of climbing in a straightforward course sufficiently to clear Loveland Pass. The FAA does not furnish AI's their tools, equipment, job training, or a place to work. Sizemore's work was required to be carried out according to specific and detailed standards established by FAA regulations as supplemented and explained in FAA brochures, guidelines and airworthiness directives furnished by the FAA. 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. The captain of N464M did not request a weather briefing from the United States Weather Bureau at the National Weather Service office in Denver, Colorado, prior to departure of N464M from Denver. At that time they discussed with representatives of Wichita State University, Golden Eagle's role in organizing transportation for the University basketball team during the 1969-1970 season. In order that the plane's airworthiness certificate remain valid the FAA required such inspection by a duly authorized AI and his certification as a result of such inspection that the aircraft was found to be in airworthy condition and approved to return to service. *416 4. 5. Funeral arrangement under the care ofWhitley Memorial Funeral Home. Upon the Government's dispositive motion to dismiss or for summary judgment, Judge Edenfield held that the third-party action against the government was barred by 2680(h) exempting government from liability under the Federal Tort Claims Act for any claim arising out of misrepresentation. Sissy M Skipper is also associated with this address. 27. It was never intended for the bottom-line truth to come out. 81. The first officer for N464M, Mr. Ronald G. Skipper, was the president of Golden Eagle Aviation, Inc. 12. 46. 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. *385 *386 Lawrence J. Galardi, Magana & Cathcart, Los Angeles, Cal., Co-liaison Attys., for plaintiffs. 123. An FAA inspector does not have discretion to ignore or approve a suspected violation of Federal Air Regulations. Agency actions, from investigation to disposition, must insure fair and equal treatment for everyone. Share Memories & Support the Family. The Federal Aviation Act of 1958 specifically charges the Administrator with the responsibility of regulating both civil and military operations in the airspace in the interest of safety. 78. Abram, the Chief of the Wichita GADO, reported to the Oklahoma City GADO that Golden Eagle personnel had flown a large aircraft into Wichita although Golden Eagle was only certified to commercially operate small aircraft for hire. 23. I love you so much and I miss you dearly. The elevation at Silver Plume, Colorado, is 9,118 feet M.S.L. 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. Make sure relatives of Ronald Skipper know they have sympathy messages here. Five gallons of oil were added to each engine supply tank of aircraft N464M, at Wichita, Kansas, on October 2, 1970. The report also said they had flown so far into the canyon that the plane was in an area where it was too narrow to turn around. To this point in this long series of law suits, as the Court is informed, recovery has been denied by financial irresponsibility of some of the personal and corporate actors, by the invocation of state sovereign immunity for tort liability in Kansas state litigation, by Court judgment against liability of the plane manufacturer in Oklahoma federal court litigation, and now by judgment of federal immunity and no fault upon the part of the United States in this court. In many instances, these may result in the issuance of a Letter of Correction. Share Obituary. It is speculative to assume pilots who would ignore such generally respected safety precautions required under Part 91, which provisions they were claiming regulated their flight, would follow such rules more closely under Part 121. It took everything Id ever made in my whole life, everything we had worked for. Read more. 8. Prior to 1956 most aircraft annual inspections were performed by Federal CAB inspectors. 42. However, a person who furnishes both the crew and a large aircraft to another for compensation or hire is deemed to be the aircraft operator and must possess a Part 121 commercial operator's certificate. Rest peacefully now. (a) The appropriate Region/Area Office determines the kind and severity of legal enforcement action. Immediately upon receiving this flyer, Abram called Floyd Farmer, of Wichita State, to ascertain further facts about the proposed trip. She captured the hearts of world leaders, fashion icons and people all over the planet, who knew her as Jackie Kennedy, Jacqueline Onassis, or simply Jackie O. Even had Abram investigated and understood the nature of the December 1, 1969 arrangement between Golden Eagle and Wichita State, he could have simply issued an administrative warning or sanction to or upon the parties or initiated legal proceedings which could have resulted in a fine or loss of Golden Eagle's certification. The aircraft began vibrating and losing altitude immediately. POLICY, OBJECTIVES AND RESPONSIBILITIES. Chinese Granite; Imported Granite; Chinese Marble; Imported Marble; China Slate & Sandstone; Quartz stone N464M was last observed by the FAA Air Traffic Control Specialist at Denver approximately four miles north of the departure end of Runway 35 and on a northerly heading. (a) The appropriate Regional/Area Office determines the kind and severity of legal enforcement action. You can send your sympathy in the guestbook provided and share it with the family. 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. Under any non-emergency legal enforcement action against an operating certificate undertaken by Regional Counsel, the accused is entitled to notice, an adjudicatory hearing before a National Transportation Safety Board hearing examiner, and appeal to the full Board. 94. The letter is a misrepresentation of Pinger's and Aero Data Link's true role in the leasing of the plane which Golden Eagle flew for Western Electric on or about April 6, 1970. Copyright 2023 Echovita Inc. All rights reserved. It is with deep sorrow that we announce the death of Ronald Skipper (Kalamazoo, Michigan), who passed away on January 31, 2023, leaving to mourn family and friends. Golden Eagle asserted that control of destinations, times of departure, and cargo loads, remained with Western Electric at all times. Emergency Revocation of an aircraft airworthiness certificate may only forbid the specific aircraft from being flown upon proof it is unairworthy. It is not a task which he pursues at his discretion. (2) The recommendation should not be made in terms of specific dollar amounts in civil penalties or specific number of days in cases of suspension or revocation, but adequate information concerning mitigating or aggravating circumstances and background of the airman or operator involved must be provided. Fairchild Hiller sold N464M to Jack Richards Aircraft Company of Oklahoma City, Oklahoma, on February 16, 1968 in an "as is" condition. That lease was signed for Aero Data Link by John P. Kennedy, d/b/a Aero Data Link of Huntington, New York. *396 87. Under Section 609 of the Act, the Administrator, if he determines that safety in air commerce or air transportation and the public interest requires, may issue an order amending, modifying, suspending or revoking certificates. Concare was paid by check from Aero Data Link, but these payments were actually arranged and executed by Golden Eagle personnel after obtaining Pinger's signature on blank checks. It is to be hoped that resolution of this legal remedy may in part be able to recompense these plaintiffs. However, the *393 FAA was still unable to obtain a copy of the lease between Aero Data Link and Western Electric. 16. He also was the person who federal officials said was most responsible for the crash. While attempting to obtain a lucrative air mail contract under its air taxi certification, Golden Eagle placed an advertisement in the Oklahoma City telephone directory in order to generate some immediate cash flow. 54. Judge Edenfield lays it out at pp. Donna Jane Moore. Donald Pinger, a friend of Golden Eagle principals, never saw nor signed such document. 4. GENERAL POLICY. Catering supplies and football gear were placed on board the aircraft on its arrival in Wichita, Kansas, and the passengers boarded the aircraft. On January 8, 1971, the Board affirmed the findings of the Hearing Examiner. 144. At no time herein did Golden Eagle possess a commercial operator's certificate under Part 121. If the sanction recommended by Flight Standards is concurred in by Counsel, he will immediately process the violation report. Golden Eagle entered into an agreement with Wichita State University, dated November 22, 1969, to transport the University basketball team during the 1969-1970 basketball season. 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. By reason of Holden's statement, the FAA had some *394 proof a flight had taken place under the contract between Western Electric and Golden Eagle on April 9, 1970, but the specific functions actually performed by Golden Eagle for Western Electric on that and other flights needed to be proved by records, receipts, evidence of payments, etc. 1515 Ringling Boulevard 10Th Floor Sarasota, FL 34236. Baker & Co. Funeral Home & Crematory - Downtown Suffolk, Altmeyer Funeral Homes & Crematory - Southside Chapel - Virginia Beach, Hollomon-Brown Funeral Home & Crematory - Great Bridge Chapel. Upon coming to a stop, the fusilage of the plane remained relatively intact, although most of the seats had pulled loose and were piled, along with passengers and luggage, against the front wall dividing the fusilage from the cockpit. Clearly a decision as to sanctions involves considerations of public safety and air industry standards, and is by its very nature a policy judgment. 7. Sizemore later signed and returned to Richards the aircraft maintenance records in which he certified the aircraft as airworthy and approved it for return to service, thus re-validating the initial airworthiness certificate for N464M. Sizemore was compensated by Jack Richards Aircraft, and not by the FAA for his annual inspection of N464M. Through services of Golden Eagle in locating the aircraft and sending Wichita State the lease to be signed, such an aircraft was initially leased from Jack Richards Aircraft Company. Ronald Ray Skipper Jr. (50) Formerly of Vicksburg, Michigan passed away on Tuesday January 31st, 2023 after a battle with Cancer. In the area west of Georgetown, Colorado, the mountains on either side of Clear Creek Valley range from 12,447 feet M.S.L. More recently, Lewis has opened up about the day, Oct. 2, 1970, the crash occurred as the team was traveling to Logan, Utah for a game against Utah State. The pilot, Crocker, looked *399 out the right side where the right wing was coming closer to trees on the mountainside, said, "I have it," took over the plane's controls, and made a sharp turn to the left. In late 1969 and in 1970, the principals of Golden Eagle were primarily interested in acquiring air mail routes under *389 their air taxi certificate. It is the inspection undertaken to protect air travelers from certain dangers which is relied upon by such travelers and which, if negligently performed, gives rise to the very dangers the inspection was intended to prevent. Survivors were rolled onstage to testify from their hospital beds. Well give you a quote and you decide who said it: Ralph Kramden on "The Honeymooners" or Archie Bunker on "All in the Family"? 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. 118. N464M struck the tops of trees at an elevation of 10,800 feet M.S.L. In middle or late April, 1970, Rick Meyers and John Whitehead, two pilots residing in Oklahoma City, heard that Golden Eagle had recently operated a DC-6, utilizing Richard Holden as a crew member and David Barnholtz as flight engineer, when Holden and Barnholtz were unqualified to act in those functions. 857-860, as follows: In Marival, an action was brought by an airplane buyer to recover from sellers. This is not, however, a *397 proper reason for Sizemore's failure to list and require repair of faulty seatbelts before certification. 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. Morriss & Son Funeral Home and Cremation Services - Chester Chapel, Beckman-Williamson Funeral Home - Rockledge/Viera, R.W. Get free summaries of new District of Kansas US Federal District Court opinions delivered to your inbox! The Martin 404 suddenly went out of control seconds before it plummeted into a, ridge, said Ronald G. Skipper, the copilot and president of, the firm that furnished the crew. GENERAL PHILOSOPHY. The determination of the specific type of action to be initiated will be the product of a joint determination by regional/area Flight Standards and legal counsel. Appellees therein sued the United States for damages resulting from their purchase of a home for a price in excess of its true market value because of reliance upon a negligently excessive FHA appraisal. TimesMachine is an exclusive benefit for home delivery and digital subscribers. 9. A letter to Western Electric, purportedly dated April 11, 1970, and purportedly signed by Pinger, d/b/a Aero Data Link, was in fact not written or signed by Pinger. 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. 11. | Opinion, Wichita man sentenced for murdering 19-year-old who tried to steal $450 worth of marijuana, Drunken pyros unite! N464M carried thirty-six passengers and a crew of three, including a pilot, co-pilot and stewardess, together with a friend of the crew, who was to serve as an additional assistant stewardess. 48 (1955); United States v. Neustadt,366 U.S. 696, 81 S. Ct. 1294, 6 L. Ed. Brown . This statement was received by the FAA on May 16, 1970. The pilots located in most instances before the Court were also principals or employees of Golden Eagle. Plaintiffs' Count II alleges an authorized inspector (AI), while acting in the course and scope of employment for the United States, carelessly and negligently inspected, examined, tested, licensed and certified as airworthy the aircraft, when in fact such aircraft was not airworthy but unfit and unsafe to fly. On December 3, 1969, Skipper and Danielson piloted a DC-3 from Wichita to Las Cruces, New Mexico, and back, carrying members of the Wichita State University basketball team. The Chris Rock stand-up special "Selective Outrage" Therefore, the "warning" claim is merely another facet of plaintiffs' claim of improper investigation and inappropriate choice of *402 legal enforcement action by Hanson and Abram. 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. Although these responsibilities are somewhat divergent, they are also quite compatible and interrelated. The Court has previously found the purpose of the Federal Aviation Act of 1958 to be protection of the class of persons of which plaintiffs are members from the type of tragedy herein alleged.