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CAP Talk  |  Operations  |  Aviation & Flying Activities  |  Topic: 2014 fatal Barron accident Redux
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Live2Learn
Seasoned Member

Posts: 421

« on: August 20, 2017, 08:59:14 AM »

A short while ago a brief (very brief and evidently controversial) thread addressing this accident was deleted by the Moderator.  The thread provided links to the public records of a Federal Court Decision on the first of three wrongful death suits in which CAP pilots (and by implication, command) was found to be seriously at fault.  Evidently the PCR Wing Commander has another view of whether we should sweep this beneath the rug or discuss it and learn from it.  Perhaps adult conversation about CAP's short comings in this tragic event should continue, given the emphasis that at least one senior CAP commander has placed on this very serious event.

Below is a recent message from the PCR CC establishing the Decision of the Federal Court, and related documents pertaining to this accident and its aftermath as required reading for Commanders and aircrew.  [Note:  Emphasis below carried forward from the original msg, as received]:

On Aug 16, 2017, at 10:21 AM, Ralph Black <> wrote:
Attention All Aircrew:

I have attached a copy of an EMAIL sent out by the [Pacific Region, CAP] Region Commander to all Wings. The message is important and all aircrew should read it.

Thanks
Ralph Black
WAWG DO

Commanders,
 
In 2014, there was a crash of a Baron 95 as it was landing at LaGrange-Callaway Airport in LaGrange, Georgia.  There was a CAP C-172 and glider on a intersecting runway.  The Baron crashed as it was trying to avoid the tow plane and glider, killing all three of the occupants of the Baron.   The Court, in the subsequent lawsuit that was filed, found that the presence of the CAP aircraft approaching the runway intersection caused the crash and that no radio call was made by the CAP aircraft(s) announcing its position or its intention to take off.  The United States government has been ordered to pay nearly $12MM in damages to the families of the victims.
 
This incident is a tragedy for all involved, especially the families of the victims, but it is a tragedy that we must learn from.  I have attached the Order that outlines the facts in the case and the judgment.  I encourage all of you to read it and forward it to your commanders, pilots and anyone else that is involved in flight operations.  This tragedy underscores the importance of following our procedures and checklists every time why intend to fly.  It also underscores the volatile and sometimes dangerous aspect of what we do when we fly.  We must follow our procedures and regulations for every flight.  We must make the appropriate entries in WMIRS both immediately before and after the flights so the flight is properly documented in the event of a mishap to ensure that our loved ones are taken care of with insurance that they deserve in the event of a tragedy.  Failure to do this puts into question the future of those left behind. 
 
I have heard it recently said that some pilots are complaining about the time consuming nature of our paperwork for both powered and glider flights.  While it may be considered cumbersome, it is the cost that we pay for flying CAP aircraft.  If you deem that cost too high a price to pay, if you don't wish to protect the corporation from liability and ensure that your loved ones are protected with insurance, I do not want you flying CAP aircraft.  If you want to continue to fly our aircraft to support our three missions, I insist that you are focused and remain diligent every time you take to the air and that all of the documentation required  is completed both immediately before and after the flight.
 
We have over 100 powered and gliders in our region and we are one of the busiest regions in the nation.  Let's not let this happen in our region with our members.  Let's continue our tradition of operating with the highest possible standards.  Thank you for all you do for our organization, our members, our communities and our nation.
 
Semper Vigilans!



I would hope National CAP will follow through on this timely direction and facilitate a thorough discussion of how we might learn from this tragedy.
« Last Edit: August 20, 2017, 09:08:03 AM by Live2Learn » Logged
Luis R. Ramos
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Posts: 2,499

« Reply #1 on: August 20, 2017, 09:45:24 AM »

Can you repost the links?

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Live2Learn
Seasoned Member

Posts: 421

« Reply #2 on: August 20, 2017, 11:22:15 AM »

Can you repost the links?

NTSB final report of the accident:  https://app.ntsb.gov/pdfgenerator/ReportGeneratorFile.ashx?EventID=20140222X51922&AKey=1&RType=Final&IType=FA

NTSB Docket:  http://dms.ntsb.gov/pubdms/search/dockList.cfm?mKey=88825

Federal District Court decision:  http://auxbeacon.org/wp-content/uploads/2017/08/CurtisvUnitedStates.pdf
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etodd
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Posts: 766

« Reply #3 on: August 20, 2017, 07:14:24 PM »

A short while ago a brief (very brief and evidently controversial) thread addressing this accident was deleted by the Moderator. 

I'm the one who posted the court decision papers a few weeks ago. A few folks replied , but I never realized the thread had been deleted until I saw this one.  Why was  it deleted? I put it here for others to learn from. Accident reports and information like this is important to keep us on our toes!

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MS - MO - AP - MP
Pace
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Posts: 653

« Reply #4 on: August 20, 2017, 07:55:05 PM »

I'm the one who posted the court decision papers a few weeks ago. A few folks replied , but I never realized the thread had been deleted until I saw this one.  Why was  it deleted? I put it here for others to learn from. Accident reports and information like this is important to keep us on our toes!


When a person is wrong, all that can be done is to take responsibility and apologize.


I originally deleted an inflammatory reply to the original thread and left the thread otherwise open and intact. I was then contacted by a member who asked to have their reply removed from public view due to the on-going nature of the wrongful death lawsuits. I was in a hurry and mistook that person as the original poster and moved the thread.


etodd, I am very sorry for that mistake, and I will take greater care in the future to be more diligent when responding to special requests. If it is ok, I would like to let this thread take its place since bringing the other back would simply create duplicate threads.
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Lt Col, CAP
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etodd
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Posts: 766

« Reply #5 on: August 20, 2017, 09:49:19 PM »

No apology needed. I understand the situation and do realize its a sensitive subject matter.
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Майор Хаткевич
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Unit: GLR-IL-049

« Reply #6 on: August 21, 2017, 10:24:35 AM »

For us non-pilots, can we get a breakdown on what was/was not done to cause this on the CAP aircraft end?
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EMT-83
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Posts: 1,806

« Reply #7 on: August 21, 2017, 12:18:41 PM »

Pages 24 to 26 of the Federal District Court decision is pretty clear about that, even for non-pilots.
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Майор Хаткевич
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« Reply #8 on: August 21, 2017, 01:55:17 PM »

Pages 24 to 26 of the Federal District Court decision is pretty clear about that, even for non-pilots.


Great...didn't want to tackle the whole reading list at this time, but that is indeed straight forward.
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