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.