Says Modified Malibu Crash Was Caused By Defects

Jeffrey Miller wants someone to pay. He's suing six companies, including New Piper, in hopes of getting it.

Miller's father, Calvin, his grandmother, Addie Stonesifer, and Calvin Miller's live-in companion, Janet Parrish, were killed in June, 2002, when their Piper Malibu went down on a sod farm about 25 miles northeast of Orlando (FL)--while dodging thunderstorms....

Jeffrey Miller's lawsuit also names Honeywell International, Pratt & Whitney Canada, Rocket Engineering Corp., Jetprop LLC. and Naples Air Center Inc.

The suit alleges the Malibu's design and construction were deficient. It makes the same claim about the autopilot, the turbine engine and the maintenance work performed on the aircraft before its final flight.

The NTSB Factual Report

On June 14, 2002, about 2035 eastern daylight time, a Piper PA-46-310P, N9143B, operated and registered to an individual, had an in-flight separation of the right wing, and the left horizontal stabilizer, and impacted the ground about 8.5 miles northeast of Osteen, Florida. Instrument meteorological conditions prevailed at the time, and an instrument flight rules (IFR) flight plan was filed for the 14 CFR Part 91 personal flight. The airplane was destroyed. The private-rated pilot and two passengers were fatally injured. The flight had originated from Raleigh, North Carolina, that same day, about 1828, and was en route to Marco Island, Florida.

At 1652, the pilot of N9143B contacted Macon, Georgia, Automated Flight Service Station (MCN AFSS) and requested a briefing for a flight from Salisbury, North Carolina (RUQ) to Raleigh-Durham, North Carolina (RDU), then for a flight from RDU to Marco Island, Florida (MKY). The MCN AFSS Preflight Specialist (PF01) entered a flight plan for N9143B from RUQ to RDU and requested weather information from the computer. Weather data indicated that an area forecast for southern North Carolina, South Carolina, Georgia, northern Florida and coastal waters predicted thunderstorm activity and cumulonimbus clouds with tops as high as FL450 (flight level 45,000 feet). The Preflight Specialist (PF01) provided a synopsis of a weather system impacting the Florida Gulf Coast, stating there were "looming thunderstorms" in that area. The pilot of N9143B filed another flight plan from RDU to MKY via Myrtle Beach, South Carolina, and Orlando, Florida (ORL). The pilot stated, "oh...out over the water" when describing the route. He filed for a proposed departure time of 1800, requested an altitude of FL260, true airspeed of 250 knots, estimated time en route of 2 hours 45 minutes, with 4 hours of fuel on board. According to the FAA there were no weather avoidance re-route programs in effect that evening for N9143B's route of flight.

The specialist at Macon AFSS Preflight 01 (P01) said that when he spoke to the pilot of N9143B he focused on weather conditions in Florida because "that's where the activity was." While looking at the radar display, he saw that the major influence was in the south Gulf Coast area of Florida. He said that convective SIGMET (Significant Meteorological Advisory) products are not automatically displayed, and he did not remember any convective SIGMETs for the route. He focused on thunderstorm activity and issued the forecast for Fort Myers. He said his requirement was to "give the pilot weather pertinent to the route of flight." He said pilot reports (PIREPs) would normally be displayed, but he did not remember any.

N9143B departed RDU about 1828. At 1850, the pilot made initial contact with Jacksonville Air Route Traffic Control Center (ARTCC-ZJX). The pilot requested a clearance direct to ORL. The ZJX controller offered a clearance direct to MKY, which the pilot accepted. The ZJX controller amended the flight plan data on N9143B to reflect the direct routing. Subsequent ZJX controllers accomplished routine handoffs and frequency changes.

At 2002, the pilot requested permission to leave the ZJX sector 58 (J58), radio frequency to check enroute weather. The J58 controller approved the request. About 2004, J58 broadcast SIGMET 04E.

At the same time, the pilot contacted Gainesville, Florida (GNV), AFSS, En route Flight Advisory Service (EFAS, commonly known as "Flight Watch") for enroute weather advisories. The EFAS specialist (FW) advised the pilot of "cells east of St. Augustine, they continue to move east at around two zero knots" and advised of convective SIGMET 05E in effect for southern Florida. FW advised that a routing "towards the Tampa-St. Pete area and then southwards" would avoid an area of thunderstorms. During this exchange, the airplane was about 60 miles east-northeast of Jacksonville, about 100 miles north of the accident site. The Gainesville AFSS Flight Watch specialist advised the pilot of "cells" in the area described by SIGMET 04E, and read the full text of SIGMET 05E to the pilot. The Gainesville specialist did not read SIGMET 04E verbatim, but did advise the pilot of the pertinent information.

At 2006, the pilot reported back on frequency to the J58 controller. The controller approved any deviations off course that the pilot wished to make. The pilot replied that he did not need to deviate.

At 2021, J58 transferred control of N9143B to Miami ARTCC (ZMA) sector 02 (R02).

At 2021:31, the pilot of N9143B reported to R02 level at FL260, R02 acknowledged.

At 2027:36, the pilot requested to deviate west of course to avoid weather. The pilot said he wanted to fly through "a little hole." At this time N9143B was just east of Daytona Beach, Florida. R02 asked the pilot how far he needed to go, the pilot replied "about ten or twelve miles." R02 asked the pilot if he could fly a heading of 170 degrees. The pilot responded that he could not and that he was "blocked in on the east side." R02 acknowledged, and approved the deviation, and instructed the pilot to proceed direct to MKY when able. Radar indicated that the pilot turned about 20 degrees to the right at this time.

At 2028:17, R02 informed ZJX that N9143B was deviating west of course, and completed a handoff of N9143B to R65.

At 2029:44, R02 instructed the pilot to contact R65. The pilot acknowledged and stated "Ok…(unintelligible) and a little hole here." Radar indicated that at this time, N9143B was in the vicinity of returns consistent with ARTCC long-range radar weather depiction of both light and heavy intensity. The R65 controller stated that he observed the weather area and was aware of other pilots deviating away from it on the west side.

At 2029:49, the ground track plot showed the pilot had observed a 3-5 mile gap between two thunderstorm clusters and attempted to fly through an area of light radar echoes between the two large areas of heavier echoes.

At 2029:53, the pilot of N9143B made an unintelligible transmission to R65.

At 2033:36, N9143B departed level flight and radar showed that a cluster of thunderstorms had moved east-northeast, and level three to four thunderstorms were present in the vicinity of N9143B's ground track position. N9143B's uncontrolled descent from FL260 (about 27,500 feet MSL) began about 335 degrees at 53 nautical miles from the Melbourne, Florida (KMLB), radar antenna. The last transponder return displayed at ZMA was at 2034:33.

At 2035:26, R65 transmitted "N9143B reset transponder, radar contact lost." There was no reply. The controller attempted to contact the pilot numerous times, with no response. At 2039, search and rescue actions were initiated.

Witnesses reported hearing the engine make a winding noise, then observed the airplane come out of the clouds about 300 feet above the ground, in a nose low spiral, and the right wing was missing. The right wing was not found at the crash site, but was located the morning of June 17, 2002, by a sheriff's helicopter.

FMI: www.ntsb.gov