Pre-Solo Student Loses Life On 'Curious' IFR Flight
A recent law suit
suggests that a fatal accident during an IFR flight training flight
for a pre-solo private pilot candidate (who was undertaking a
career pilot training program) may be the result of 'recklessness.'
It may also cost a well-known flight training operation $50
million. The massive suit, just filed in NY State Supreme Court,
asserts that a fatal crash in NY occurred because the instructor
and student were 'negligently' flying in IFR conditions.
The suit was filed against American Flyers, Aviation Training
Enterprises (AF's parent company and the aircraft's owner), and CFI
Isaac Negron; by Paul Marx of the firm DelBello, Donnellan,
Weingarten, Tartaglia, Wise and Wiederkehr.
The background of this tragedy is intriguing, if worrisome.
According to NTSB reports, on April 23, 2005, about 1517 eastern
daylight time, a Cessna 172R, N61AF, was destroyed when it impacted
terrain in Armonk, New York; while on approach to the Westchester
County Airport (HPN), White Plains, New York. The certificated
flight instructor (CFI) and student pilot were fatally injured.
Instrument meteorological conditions prevailed and an instrument
flight rules (IFR) flight plan was filed for the flight that
departed Albany International Airport (ALB), Albany, New York.
The April crash took the lives of student pilot Lev Naumov (23),
and CFI Isaac Negron (45) on April 23rd, when the
C172 "impacted trees and came to rest in a wooded area, about
1 mile from the approach end of runway 16."
The NTSB reports that,
'the pilot and student pilot departed HPN, at 1209, under an IFR
flight plan, and flew to ALB. They then departed ALB at 1348, to
return to HPN. According to the respective flight plans, the
flights were for the purpose of "IFR training." At 1513:45, the
airplane was on the ILS Runway 16 approach, when the pilot
contacted the HPN air traffic control tower. The airplane was
cleared to land at 1514:15. The controller also informed the
accident pilot that the pilot of a landing Cessna Citation reported
that he "broke out" at 200 feet. At 1517:25, the controller
observed the airplane's radar target at 900 feet. He then issued
the pilot a low altitude alert and provided the current altimeter
setting. The pilot acknowledged the transmission, read back the
altimeter setting, and reported that he was at an altitude of 800
feet. There were no further communications from the pilot, and the
airplane's last radar target was observed at 1517:39, at an
altitude of 600 feet.'
The airplane impacted trees and came to rest in a wooded area,
about 1 mile from the approach end of runway 16. The terrain around
the accident site sloped upward from the Kensico Reservoir, and
contained trees that were about 75 feet tall. A debris path, which
measured about 150 feet long, and was oriented on a magnetic course
of about 145 degrees extended from a freshly broken tree. All major
portions of the airplane were located at the accident site. The
Westchester County Airport was located at a field elevation of 439
feet. A weather observation taken at the airport, at 1456,
reported: wind from 190 degrees at 12 knots, gusting to 16 knots;
visibility 1/2 statue mile in fog; ceiling 200 feet
overcast; temperature and dew point both 12 degrees C;
altimeter 29.51 in/hg.
Attorney Marx (an instrument rated pilot) is alleging that
American Flyers 'required instructors to fly in conditions that
were unsuitable for training,' and also contends that 'Negron
failed to properly react to warnings from the control tower that he
was flying too low.'
Marx does not appear to be the stereotypical GA-bashing lawyer,
and we must note that he IS an 800 hour pilot. He went out of his
way to qualify his suit's parameters by noting that, "We do not
contend that flying in small planes is dangerous, rather that
American Flyers failed to properly manage the risks in flying and
in so doing cut short this young man's life... There is no
defensible or logical reason for a primary flight student who was
still learning how to fly in visual conditions to be receiving
training in weather conditions that were at or below those
minimally required for instrument flying. Doing so is simply
reckless and irresponsible."
Negron had reportedly logged some 900 hours, total time, while
Naumov had logged nearly 32 hours... a point in the curriculum in
which "hood work" or IFR would not normally seem to be beyond
proper conduct, but an exclusive interview with Marx paints a
curious picture about Naumov's training.
Naumov had reportedly paid some $26K into an aggressive flight
training program designed to qualify him, eventually, for a career
as a commercial pilot.
According to records cited by Marx, Naumov had logged nearly all
of his 32 hours over the course of some eight separate days of
flight training and over a span of only 2 and a half weeks.
The flight training regime was aggressive and
(probably) tiring... and somewhat confusing. Several days
featured as much as 4 or 5 hours of flying, on flights as long as
3.5 hours (and possibly longer). Naumov was run through the
usual basic flight training chores... as well as several
cross-countries, some Class B and uncontrolled field work, and
limited navigation training -- but in all that time, Naumov had yet
to solo, and the rationale for the fatal IFR training flight seems
questionable.
Marx suggests that the
flight that killed Naumov had no significant value, at that point
in his training, and was conducted solely to keep him in the air
and "on the meter." Marx opines that a flight with 200 feet and a
half mile visibility probably did not allow for Naumov to do much,
if any real flying... and couldn't be justified at that point in
his training program.
Several calls to American Flyers have been placed, for comment
and response, but are as yet unreturned. We'll keep you up to
date.
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