29. Judge Edenfield lays it out at pp. Ron was originally born on Oct.8th 1972 in Macon, MO. I have never minded talking about it. Paul K. Swartz, Martin, Pringle, Schell & Fair, Wichita, Kan., for Wichita University. To that end: a. For example, a private pilot who lands "gear up" on a solo flight might be given a Safety Compliance Notice or a Letter of Correction if the circumstances so dictate. 31. Based at Ng Whare Waatea marae in Mangere, it is located in the middle of the biggest Mori population in Aotearoa. The FAA, pursuant to statutory authority, delegated to AI's the authority to conduct annual inspections to relieve the burden on FAA paid employees. He never married; he will turn 55 in November. 64. Don't have Administrative enforcement action (Safety Compliance Notice or Letter of Correction) should not be used where the violation was willful or deliberate. The report says Skipper also admitted to making the decision to take the mountain route and that he was seated in the pilots seat on the left-hand side of the cockpit at the time of the accident. www . The distance over this route is virtually the same as over the route ultimately flown by N464M. 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. a. *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. Everyone was thrown forward with the impact of the crash. The aircraft located and flown for third persons by Golden Eagle personnel in all instances proved to the Court were large aircraft. Updated Feb 1, 2023. 2. The actions of FAA personnel herein alleged to be negligently performed, were discretionary for purposes of the Federal Tort Claims Act exception mandating governmental immunity for discretionary acts even if such discretion be abused. Get free summaries of new District of Kansas US Federal District Court opinions delivered to your inbox! Judge Kaufmann clearly analyzes and differentiates those cases like Neustadt where the misrepresentation exception is held a bar to recovery from the Indian Towing and his Ingham case where the misrepresentation exception does not apply. (a) The appropriate Region/Area Office determines the kind and severity of legal enforcement action. Info on three postal boxes associated . There is no evidence the crash of N464M was caused either wholly or in part by faulty landing gear, engine mounts, or fabric. The crew of N464M performed all appropriate checklists prior to departure from Oklahoma City, Wichita, and Denver, on October 2, 1970. 115. 67. Donna Jane Moore. As N464M took off from the Denver airport, the tower reported to the pilots that quite a bit of smoke was coming from the right engine on takeoff. 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. Therefore, Hanson's office forwarded Plummer's legal opinion to the Air Carrier District Office in Ft. Worth, Texas, for purposes of investigation. 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. Home; About Us. On September 11, 1970, an attorney for Western Electric sent a copy of Western's agreement with Golden Eagle and stated other documents would be furnished shortly. The certificate-holding Principal Inspector, in coordination with the Supervising Inspector, determines whether administrative or legal enforcement action is appropriate, and is responsible for: (1) TAKING administrative enforcement action (except for Letter of Reprimand in which case the regional office is the responsible level); or. It took everything Id ever made in my whole life, everything we had worked for. 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. It is not a task which he pursues at his discretion. 143. Pursuant to the above advertisement, principals of Golden Eagle at various times acted as "aviation consultants," assisting third parties in locating pilots and aircraft for private or commercial use. 51. It is with deep sadness that the family of William "Bill" Wallace Jones of Williamsburg, Virginia. Defendant first contends Sizemore, as an AI, was not an employee of the United States. Alleged and/or actual violations observed or brought to the attention of FAA shall be investigated, reported, and closed out with appropriate administrative, legal or criminal enforcement action and made a matter of record; b. 59. If he continues to fulfill certain minimal requirements the FAA provides for automatic renewal of his license without retesting. I feel badly that we were even flying the team that day. However, the elemental safety precautions the Court has found were ignored by Golden Eagle personnel piloting N464M on October 2, 1970, were also required under Part 91 of the Regulations for all General Aviation. . The story contnues after the crash and into the ensuing FAA investigation. If the aircraft has not been serviced with anti-detonation injection fluid, the maximum permissible takeoff weight at that altitude is 39,500 pounds. You can send your sympathy in the guestbook provided and share it with the family. In instances where a Letter of Correction is considered appropriate as a result of a Systemworthiness Analysis Program (SWAP) inspection, it should be clearly understood that only those violations on which acceptable corrective action has been taken or proposed will be in such a letter. 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 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. On September 15, 1970, Golden Eagle wrote to the Air Carrier District Office of the FAA and asserted operational control of the DC-6A had remained with Western Electric at all times. No passengers or cargo were carried on the November 23, 1969, flight, and therefore Federal Aviation Regulations requiring Part 121 certification for operation for hire of a large aircraft such as the DC-3 were not violated. 10. Plummer's opinion was forwarded to Oklahoma City GADO with the instructions: "Please take appropriate action." But Skipper maintains the plane crashed because the right engine caught on fire and failed. The guidelines given by the Order are: Lower-level judgments as to the appropriate extent of investigation and enforcement are then subject to monitoring on regional and national levels to ascertain fair and equal treatment of the aviation community, to provide assurance action taken will serve to promote safety and protect the public interest, and to insure consistent enforcement nationally. They furnished Hanson a copy of the service agreement between Golden Eagle and Western Electric. 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." It is also the Administrator's responsibility to perform his duties under the Act in a manner which will best tend to reduce or eliminate the possibility of or recurrence of accidents in air transportation. The United States, through the FAA, has preempted and assumed the duty of inspecting aircraft in order to detect and require repair of potentially dangerous conditions before such aircraft can thereafter be utilized. Second, the proximate cause of injury must be based on negligent conduct of the government employee at an operational level. 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. Mr. Skipper appeared at the news conference with Bruce J. Danielson, vice president and secretarytreasurer of Golden Eagle. 8. This is a digitized version of an article from The Timess print archive, before the start of online publication in 1996. of the Continental Divide to the west of the course being taken by N464M when it arrived in the vicinity of Dry Gulch, was approximately three miles. Even if the FAA had known of Sizemore's negligence in failing to fulfill regulations governing his annual inspection of N464M, and had issued an emergency revocation of N464M's aircraft airworthiness certificate, such revocation would have only prevented this specific aircraft from being flown. Available sanctions include administrative, legal, criminal and certain others. However, the viability of the misrepresentation contention appears not to have been analyzed by the Court. In this decision the Court principally relies on two United States Supreme Court opinions, one decision of the Court of Appeals, and one District Court decision of great clarity, viz. And there was very little that could be done about it by us. He said he flew 300-passenger DC-8s and spent the last three years of his tenure flying Boeing 747s worldwide. 3. SAMPLE LEGAL CASES. He says 20 years of trying to block the incident from his mind would make it too easy to inadvertently contradict the testimony he gave shortly after the crash. Immediately upon receiving this flyer, Abram called Floyd Farmer, of Wichita State, to ascertain further facts about the proposed trip. The F.A.A. See the article in its original context from. to 12,700 feet at the Continental Divide. A person may lease a large aircraft to another without having to comply with Part 121 certification requirements of the Federal Aviation Regulations. Until now, the only accounts of the crash were based on official reports from the investigation and mostly speculation by newsmedia reporters. 28 U.S.C. 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. Its hard to fight the full might of the United States government.. 49. On August 12, 1970, Kennedy mailed a copy of the lease between Aero Data Link and Western Electric to Hanson of the FAA. 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. 13. The discretionary function exception to the Federal Tort Claims Act found at 28 U.S.C. Golden Eagle Aviation, Inc. (hereinafter referred to as "Golden Eagle"), was incorporated on November 26, 1969, by John Kennedy, Bruce Danielson, and Ronald Skipper. Renner, a 21-year old quarterback, was seated in the back of the plane along with most of the other survivors. He describes the crash of the plane carrying the WSU football team as a dreadful thing, pointing out that he had become close to several players on the team and several members of the athletic department who died. 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. 2671, et seq., for recovery of damages for injuries and deaths resulting from the crash of a Martin 404 aircraft on October 2, 1970, in the vicinity of Silver Plume, Colorado. 62. The "Fasten Seat Belts" sign was not illuminated at the time N464M crashed, nor at any time immediately prior thereto. The United States, while denying any liability to plaintiffs, has also filed a third-party complaint against the State of Kansas and Wichita State University. What is the certificate holder's level of experience and responsibility? . Make sure relatives of Ronald Skipper know they have sympathy messages here. 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. 127. Skippers pilots license was pulled by the FAA but reinstated after he passed examinations about a year after the crash. As he completed a sharp turn to the right, the aircraft began a deep vibration. In 2009, he traveled to the Colorado crash site for the first time in 2009. That agreement specified Wichita State would lease an aircraft from a third party and Golden Eagle would provide a fully qualified flight crew. He has lived a full life, traveled to far-off lands and now is working on becoming a writer. 52. Chinese Granite; Imported Granite; Chinese Marble; Imported Marble; China Slate & Sandstone; Quartz stone The standard as set out in the Administrator's 1967 Order is appropriateness. Echovita Inc is a registered trademark. We were scapegoats.. Make a Memorial Donation . . He lives in a house built on stilts on the shores of Lake Poinsett and says,only me and the alligators live out here in the swamp. He says he is happy now and feels, in most respects, he has led a successful life. 1977). As noted in an earlier column, Netflix takes a page from the HBO playbook, streaming a live comedy special on a Saturday night. 110. 2680(a) excepts from Tort Claims Act provisions: Courts have struggled to define discretionary functions or duties as applied to administrative officials since the adoption of the Federal Tort Claims Act. Copyright 2023 Echovita Inc. All rights reserved. Golden Eagle asserted that control of destinations, times of departure, and cargo loads, remained with Western Electric at all times. 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. GENERAL AVIATION (Air Taxis, Air Agencies, Etc., and their Employees.) He and the two other partners who had formed Golden Eagle Aviation were all pilots who had been furloughed from the same company, Saturn Airways. Im glad I went.. It is a pilot's duty, whether flying under Part 91, 121, or 135 of Federal Aviation Regulations, to assure himself prior to takeoff that the aircraft is within its specified weight limits. Skipper said that before the crash, the FAA was trying to pass legislation to regulate more closely large charter flights and used the accident to further its political goals. Plaintiffs contend these duties are mandatory, as set out in FAA Handbook 8030.7A, "Compliance and Enforcement," the FAA Handbook 2150.2, "Handbook for Handling Legal Aspects of Enforcement Cases," and particularly in a 1967 Order of the Federal Aviation Administrator outlining compliance and enforcement policy within the FAA. 118. 33. The Chris Rock stand-up special "Selective Outrage" Hickory. Western Electric's representatives stated the contractual arrangements with Golden Eagle had been investigated by Western Electric attorneys and were approved by the Company's legal department. It also has fined Jack Richards Aircraft Co. the owner of the plane, $50,000 and grounded all of the company's planes, pending an investigation. 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. 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. c. Flight Standards and CounselSelection of Sanction. This story originally appeared in The Eagle on Sept. 30, 1990. It was never intended for the bottom-line truth to come out. The final decision as to legal sanctions to be imposed is made jointly by the Flight Standards Office and FAA legal counsel. They wanted to go see it. If the sanction recommended by Flight Standards is concurred in by Counsel, he will immediately process the violation report. 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. But I dont feel badly about anything I did.. N464M was manufactured by the Glenn L. Martin Company and sold to Eastern Airlines on March 21, 1952. But Ive been talking to family members. 17. 82. However, Jack Richards' DC-6 was severely damaged by a windstorm, so Richards agreed to substitute two Martin 404 aircraft until the DC-6 was repaired. 35. As individuals, Skipper, Danielson, and Kennedy were each properly certificated and qualified under Part 61 to pilot large aircraft. Golden Eagle appealed the FAA Emergency Orders of Revocation to a National Transportation Safety Board Hearings Examiner, who affirmed the FAA Orders on November 25, 1970. On September 30, 1970, Woodruff was advised by the FAA Flight Surgeon that Everett's medical certificate would again be denied on the basis of a character or behavior disorder, and he was also informed the FAA intended to immediately issue an order suspending Everett's airline transport rating. 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. *416 4. Since the United States has no liability as a tortfeasor, the Court finds it unnecessary to adjudicate any possible claimed tort liability against the State of Kansas. 3. View All obituaries This Week. Administrative Action. The distance to the lowest point (12,517 feet M.S.L.) After detailed examinations of the engines and propellers in Denver, the NTSB said,There was no evidence in either engine to indicate that the engines were not capable of producing power up to the point of impact.. This agreement was signed by Ronald G. Skipper, of Golden Eagle, and Robert P. Kirkpatrick, of Wichita State University. 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. Both men denied any violation of F.A.A. On June 3, 1970, Danielson, of Golden Eagle, wrote Farmer, of Wichita State University, submitting "a proposal and recommendation for charter air service year 1969-1970 basketball road games." The SWAP inspection may very well identify unsafe actions or procedures which may warrant legal enforcement action. 27. Such action may consist of the issuance of one of the following: (1) Safety Compliance Notice, including a reprimand to the violator if appropriate. He must take all practical steps to prevent violations by fostering an atmosphere of compliance. The four types of enforcement action available to the inspector are set out with some general guidelines of factors he should take into consideration. They began Oct. 21, less than two weeks after Skipper was released from the hospital. On June 12, 1967, Ozark Airlines sold N464M to Fairchild Hiller. Its just not something that I think about all the time, Skipper said. 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. 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. Share Memories & Support the Family. It is clear from the FAA "Compliance and Enforcement Handbook" that it was the mandatory duty of Hanson and Abram to investigate, report and close out by initiating appropriate administrative, legal, or criminal enforcement action as to any alleged or actual violation of Federal Aviation Regulations observed or brought to their attention. 56. Read the obituary of Mr. Ronald Gordon Skipper (1940 - 2017) from San Bernardino, CA. 131. 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. 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 . Someone so special will not be forgotten. 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. He also was the person who federal officials said was most responsible for the crash. 1. We continued to lose altitude and within several seconds struck the ridge.. Inspectors should be encouraged to seek advice and counsel from their supervisors or Regional/Area Offices when there is any question or doubt as to the appropriateness of their recommendation. 144. Sizemore was compensated by Jack Richards Aircraft, and not by the FAA for his annual inspection of N464M. Prior to departure from Stapleton Airport on October 2, 1970, co-pilot Skipper purchased aeronautical and sectional charts for a contemplated scenic route. and Bangkok, Thailand. (4) PROMPT INVESTIGATION, reporting and processing to final action. He was one of nine survivors in an accident that killed 31 people. The negligent inspection and certification of an aircraft by an AI is not barred from the Court's consideration as to liability of the Government by the misrepresentation *401 exception to the Federal Tort Claims Act. to over 13,000 feet M.S.L. McClatchy Advertising Place an Ad Place a Classified Ad Place an Obituary Staffing Solutions Political Advertising. Information available from Air Traffic personnel should be considered and included when appropriate as well as witness statements, etc. b. Until that moment the flight had been absolutely routine, he said. 142. 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. 136. The pilots located in most instances before the Court were also principals or employees of Golden Eagle. The family will greet friends from 12:00 - 1:00 PM Monday prior to the service at the church. 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. 18. 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. Ronald "Skipper" Leslie Bread was born March 13, 1978 to Ronald and Bua Bread in Okinawa, Japan. Hanson, in turn, forwarded the flyer through channels to Regional Counsel in Ft. Worth for additional background information. Prior to departure from Stapleton Airport, co-pilot Skipper advised the pilot the aircraft would proceed over a scenic route of flight via Loveland Pass rather than flying the established airways from Denver to Logan, Utah. The above referenced transaction for lease of the DC-6A aircraft by Western Electric was made between Western Electric and Aero Data Link. 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. 9. Mr. Skipper,. Judgment is entered for the United States and against the plaintiffs herein in each of these multi-district cases. 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. Frank W. Granito, Jr., Speiser, Shumate, Geoghan & Krause, New York City, for plaintiffs. We con tinued to climb westward, keep ing clear of terrain, until it became apparent that we would not be able to clear a ridge ap proximately 10 miles ahead. 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. Memorial services will be held at 11am on Monday, December 8, 2003 at Hill Funeral Home, 11723 S. Saginaw St., . Field inspectors will carefully assess all relevant facts in order to reach a fair determination of action to be taken. Ronald Skipper We found 15 records for Ronald Skipper in LA, IL and 9 other states. 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. To carry out this responsibility, the Administrator has been given specific authority to enforce the safety and security provisions of the Act and all rules, regulations or orders issued thereunder. I'll see you again., In loving memory of Ronald Skipper, Funeral Home . Abram contacted the GADO office in Oklahoma City and determined Golden Eagle had no Part 121 certificate allowing it to operate large aircraft carrying passengers for hire. 89. Anyone can read what you share. And he does seem to have successfully erased much of his memory of the event. Flight Service personnel called Abram, who personally went to the aircraft and talked with Skipper and Danielson. (1) All actions undertaken by field personnel will be reviewed by area and/or regional headquarters to insure fair and equal treatment of aviation community and provide assurance that action taken will serve to promote safety and protect the public interest.