Curtis v. United States

274 F. Supp. 3d 1366
CourtDistrict Court, N.D. Georgia
DecidedAugust 3, 2017
DocketCIVIL ACTION FILE NUMBER 3:15-cv-176-TCB
StatusPublished
Cited by1 cases

This text of 274 F. Supp. 3d 1366 (Curtis v. United States) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Curtis v. United States, 274 F. Supp. 3d 1366 (N.D. Ga. 2017).

Opinion

ORDER

Timothy C. Batten, Sr., United States District Judge

On February 22, 2014, Jeffrey Van Curtis was killed in an airplane crash at the LaGrange-Callaway Airport in LaGrange, Georgia. Curtis’s widow, Plaintiff Karen J. Curtis, and the administrator of his estate, Plaintiff Robert Rupenthal, brought this lawsuit against the United States of America pursuant to the Federal Tort Claims Act (“FTCA”). Plaintiffs allege that negligence by the Civil Air Patrol—a United States Air Force Auxiliary—caused the crash that killed Curtis and fellow passengers Michael Rossetti and Willy Lutz.

Beginning on March 13, 2017, the Court presided over a six-day bench trial, and on June 16 the parties submitted their proposed-findings of fact and conclusions of law [225 & 226],

After reviewing the parties’ submissions, independently examining- and considering the testimony and evidence of record, and weighing the credibility of the witnesses, the Court now makes the following findings of fact and conclusions of law pursuant to Federal Rule of Civil Procedure 52(a). .

I. Findings of Fact

A. Dr. Curtis’s Background

Curtis was a fifty-three-year-old family doctor. He lived in Peachtree City, Georgia, with his wife of twenty-one years,Karen, and their two school-aged children, Alec and Olivia. By all accounts he was a loving and dedicated husband and father and respected doctor in the community. He was an avid outdoorsman who regularly enjoyed deep-sea fishing, hunting, and skiing with his family. Tr. 199:10-200:2; 440:22-441:1; 441:15-442:13.1

Curtis was a “self-made man” who operated his own medical practice. Tr. 731:13-18. His practice was .a fixture in the community, and he regularly provided care for his extended network of friends and neighbors. Tr. 122:6-14. In 2014, he negotiated a sale of his practice to Emory Healthcare as part of a profit-sharing agreement. Tr. 198:1-17; 654:17-655:6. Curtis continued to seé patients until his death in 2014.

B. The Baron

Curtis was part-owner of a Beechcraft Baron 95-B55 airplane (the “Baron”). He was a licensed pilot and had extensive experience flying the Baron. He flew regularly and encouraged his’teenage son Alec to pursue his own pilot’s license. Tr. 433:22-434:114.

[1370]*1370Curtis often took his "family members and friends as passengers for flights in the Baron. Karen and Alec Curtis both testified that they had flown in the Baron on multiple occasions, and that Curtis was particularly serious about airplane maintenance and safety. Tr. 443:2-13; 733:21-734:14. ■ .

The Baron was equipped with- a lift detector that was designed to warn the pilot with an audible horn if the plane was about to lose lift, meaning it could not sustain flight. Tr. 118:9-20. Karen Curtis and family friend James Wisner testified that during previous flights in the Baron they had heard the lift detector horn when the Baron was landing.2 Tr. 376:14-377:24; 734:15— 735:8.

Van Thaxton, an airplane mechanic, regularly serviced the Baron. As part of annual maintenance, he performed FAA-mandated inspections, which included testing the lift detector. Thaxton found that the lift detector functioned properly during all annual inspections.. Tr. 121:1-15; 124:8-127:1. One week before the crash, Thaxton checked the Baron’s batteries and washed the airplane. On the morning of the crash, he pulled the Baron out of its storage hangar so that it could be prepared for flight, and found the plane to be in normal working order. Tr. 116:3-118:8.

Based on a post-crash inspection of the lift detector, the Government’s expert witnesses opined that an internal mechanism was inoperable, essentially preventing the lift detector horn from sounding. Tr. 759:3-7; 763:5-19; 864:14-866:9.

C. The Civil Air Patrol

The Civil Air Patrol (“CAP”) is an auxiliary of .the United States Air Force. It has three primary missions: (1) lend support for emergency services, (2). conduct aerospace education programs, and (3) operate a youth cadet program. Tr. 272:9-13.

On the day of the accident, CAP officers were performing glider flights as part of CAP'S youth cadet and aerospace education missions. Tr. 286:16-287:2;, 398:4-7. Those glider operations qualified as missions assigned by the United States Air Force. [151] at 31.

' Glider operations involve a tow plane, a glider, and a ground crew to prepare both aircraft for launch. The glider used was a Blanik Glider Model L23, and it was towed by a Cessna 172 (“CAP 172”). The glider is equipped with two seats; typically a CAP pilot sits in the rear seat while a CAP cadet sits in the front. Tr, 487:11-15.

D. LaGrange-Callaway Airport

LaGrange-Callaway Airport, located in Troup County, Georgia, has two intersecting runways. Runway’ 13/31, the main runway, intersects runway 3/21 at an approximately 80-degree angle.3 The airport features multiple taxiways for airplanes and other vehicles, most prominently taxiway Sierra, which runs diagonally from the south' end of runway 3/21, across runway 13/31, to several airplane hangars.

[1371]*1371[[Image here]]

The line-of-sight from each end of runway 13/31 to each end' of runway 3/21 is obstructed by hills, treed, and buildings at the airport. This means that planes taxiing at the end of either runway, or flying low over the end of either runway, cannot directly see the end of the intersecting runway. Nonetheless, it is undisputed that the airport is compliant with all applicable FAA line-of-sight requirements. Tr. 47:20-48:2.

Lagrange-Callaway is an uncontrolled— or nontowered—airport, meaning there is no air-traffic control tower providing instructions to pilots. Instead, pilots coordinate with one another by radio on a Common Traffic Advisory Frequency (“CTAF”).4 Pilots also must abide by FAA regulations and are guided by local and regional rules.

Lagrange-Callaway has a published set of local rules of glider operations. The rules require glider operators to file a Notice to Airmen (“NOTAR!”) advising pilots of planned glider operations. The rules also require glider operators to use a spotter who can warn of possible traffic conflicts with other aircraft at the airport. Tr. 11:20-12:6. The spotter should be positioned with an unobstructed view of both ends of both runways. Finally, the ‘local rules prohibit launching a glider from runway 3/21 if it is known that a powered aircraft within five miles of the airport is approaching runway 13/31 for landing- Tr. 884:1-11. The local rules are available on the airport’s website, but are not published as part of any official FAA publication.

E. Events Preceding the Crash

The weather conditions on February 22, 2014 at Lagrange-Callaway were clear, with no obstruction to visibility. Tr. 261:14-25; 345:15-19. In the morning and early afternoon, CAP conducted between eight and twelve glider flights for the CAP ca[1372]*1372dets. CAP did not file a NOTAM concerning glider operations, nor did it use a spotter. Tr 12:2-6.

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Bluebook (online)
274 F. Supp. 3d 1366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/curtis-v-united-states-gand-2017.