1646 Davidson Rd, Shady Dale, GA is the residential address for Ronald. At trial to the Court, the parties presented evidence as to plaintiffs' two extant causes of action against the United States, and as to defendant's third-party claim against the State of Kansas. Such phenomena is a relatively common indication of a rich fuel mixture at high altitudes, however, and does not necessarily indicate any mechanical malfunction in the engines. This agreement was signed by Bruce Danielson, of Golden Eagle, and Bert Katzenmeyer, of Wichita State University. Webb, Eunice Mae 4 entries. 2. You're all set! There is some evidence before the court that, had Wichita State arranged for its own plane lease, fuel, and ground services, and Golden Eagle personnel limited their role to piloting the plane, this operation would have been a legal Part 91 flight. 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. We are sad to announce that on March 29, 2021, at the age of 92, Thomas Ronald Pilot of Glen Mills, Pennsylvania, born in Philadelphia, Pennsylvania passed away. The intent of the agency enforcement program is to obtain compliance with the regulations and, as a major element of FAA programs, to achieve safety for those who fly, as well as to simultaneously fulfill our responsibilities to the public at large. 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. a. Plaintiffs state such unairworthy condition was the proximate cause of the air crash of October 2, 1970, which resulted in injuries and deaths of which plaintiffs herein complain. 112. Donald Pinger, a friend of Golden Eagle principals, never saw nor signed such document. Take our Father's Day photo quiz and test your knowledge of celebrity dads and kids. Third-party defendants deny negligence, contend even if they were negligent as alleged, such would be only passive negligence, and assert indemnification in favor of the United States is not rationally justified as a matter of justice, equity or public policy. He also held a Flight Instructor's Certificate for airplane and instruments, which expired January 31, 1969. Don't have Even if all seat belts had been functioning properly, there is no basis upon which the Court can find all, or even most of them, would have been fastened at the time of the crash; or further, that a particular passenger might have survived or had his injury lessened even if belted in his seat. An applicant for AI rating who meets FAA eligibility and experience requirements and passes certain oral, written and practical tests, is entitled as of right to an AI license. 29. Donna Jane Moore. Its just not something that I think about all the time, Skipper said. Mr. Skipper appeared at the news conference with Bruce J. Danielson, vice president and secretarytreasurer of Golden Eagle. They stated Western Electric had leased the plane separately and had arranged for Golden Eagle to provide only the crew. The FAA approved the Golden Eagle application on November 21, 1969. Shortly after coming to a stop, the entire fusilage caught fire and burned. Ronald Skipper was not type rated in the Martin 404. 13. Ron was originally born on Oct.8th 1972 in Macon, MO. They are particularly encouraged to utilize the services of the General Counsel's and Regional Counsel's offices. This task is for the most part the responsibility of the many FSS District Offices. Prior to signing the agreement with Golden Eagle, Wichita State University did not investigate the legal status or qualifications of either Golden Eagle or the personnel of Golden Eagle who would fly as pilots. (2) RECOMMENDING legal enforcement action, either civil penalty or certificate action (suspension or revocation) and, if appropriate, reexamination. Plaintiffs also contend as a separate cause of action against the United States that an Authorized Inspector (AI), while acting in the cause and scope of employment for the United States, carelessly and negligently inspected, examined, tested, licensed and certified as airworthy the aircraft, when in fact such aircraft was not airworthy but unfit and unsafe to fly, thus proximately causing plaintiffs' damages. 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. The FAA does not pay nor otherwise compensate AI's for performing annual inspections of aircraft. Mr. Ralph J. Skipper, "Skip", 74 of 4224 North Kinsley Ave. Richmond VA, entered into eternal rest on Thursday morning, March 11,2021 after a period of declining health at VCU Medical Hospital. It is to be hoped that resolution of this legal remedy may in part be able to recompense these plaintiffs. Therefore, Hanson's office forwarded Plummer's legal opinion to the Air Carrier District Office in Ft. Worth, Texas, for purposes of investigation. Even had Abram investigated and understood the nature of the December 1, 1969 arrangement between Golden Eagle and Wichita State, he could have simply issued an administrative warning or sanction to or upon the parties or initiated legal proceedings which could have resulted in a fine or loss of Golden Eagle's certification. Most of the legal contentions advanced by either side have previously been addressed by this Court in a memorandum opinion. But he does not accept responsibility for the accident and says it is not something that weighs heavily on his mind. Get free summaries of new District of Kansas US Federal District Court opinions delivered to your inbox! WICHITA, Kan. (KWCH) - Dave Lewis, who survived the plane crash that killed 28 members of the Wichita State football team, including players, coaches, boosters, the school's athletic director and. f. What kind of enforcement actions result from SWAP inspections? The FHA was required by Congress in the National Housing Act to inspect and appraise property for which the FHA planned to issue mortgage insurance to private banking or other lending institutions to facilitate easy financing to home buyers by insuring or guaranteeing the lending institution against loss. On June 2, 1970, Loftin's office wrote to Regional Counsel, requesting a legal opinion on the facts which had been obtained at that time. The standards stated required warnings "necessary and, if complied with, adequate to prevent injury." He acted in the capacity of a first officer because he did not have a type rating on the 404. Skipper not only disagreed with the findings of the NTSB report, he also was unhappy with the way the hearings were conducted. For my Baby Brother. Ronald Skipper in Debary, FL | Photos | Reviews | 4 building permits. 16. In his Findings of Fact the Court found Sizemore was negligent in his inspection of N464M in four respects: (1) he failed to perform a landing gear retraction test; (2) failed to examine X-rays of the engine *410 mount prior to signing off the log book; (3) failed to perform a fabric check on the rudder; and (4) failed to report the absent and useless seat belts on the aircraft. Even were the investigative and enforcement duties of FAA Flight Service personnel not discretionary under the Federal Tort Claims Act exception, the negligence of Abram found herein was not a proximate cause of the air crash and the consequent injuries and deaths of which plaintiffs complain. 42. The pilot in command of N464M was required to possess a Martin 404 type rating pursuant to the provisions of 14 C.F.R. Eastern sold N464M to Mohawk Airlines in August of 1961. A person may lease a large aircraft to another without having to comply with Part 121 certification requirements of the Federal Aviation Regulations. See Griffin v. United States, 500 F.2d 1059, 1064 (3rd Cir. PROCEDURES. The plane was one of two taking the team, coaches and some fans to Logan, Utah, for a game. You will always be my baby brother.. The new lease was signed by Jack Richards and Robert Kirkpatrick. 43. Leave your condolences and send flowers to the family to show you care. But its not something I think about very much. Sign up for our free summaries and get the latest delivered directly to you. In the area west of Georgetown, Colorado, the mountains on either side of Clear Creek Valley range from 12,447 feet M.S.L. 1. 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. (2) The recommendation should not be made in terms of specific dollar amounts in civil penalties or specific number of days in cases of suspension or revocation, but adequate information concerning mitigating or aggravating circumstances and background of the airman or operator involved must be provided. 23. The above referenced transaction for lease of the DC-6A aircraft by Western Electric was made between Western Electric and Aero Data Link. 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. On November 23, 1969, the principals of Golden Eagle flew a DC-3 into the Wichita Airport, purchased fuel under the name "Golden Eagle," and attended a Wichita State University football game. Make a Memorial Donation . Without such inspection and certification, the airworthiness certificate is invalid, although it may physically remain in the aircraft. 123. The Martin 404 suddenly went out of control seconds before it plummeted into a, ridge, said Ronald G. Skipper, the copilot and president of, the firm that furnished the crew. Although the Court found upon undisputed facts submitted upon defendants' motion for summary judgment that an AI is an employee of the United States within the meaning of the Federal Tort Claims Act, the court allowed further presentation of evidence upon the question at trial. Take our quiz and find out. FINAL DETERMINATION OF LEGAL ENFORCEMENT ACTION. 107. He also reapplied for a medical certificate. 7. In order to engage in interstate commerce by furnishing for hire a crew and a plane in excess of 12,500 pounds, Golden Eagle would have had to qualify for and receive a commercial operator's certificate under Part 121 of the Federal Aviation Regulations. 105. View Ronald Skipper results in South Carolina (SC) including current phone number, address, relatives, background check report, and property record with Whitepages. M.D.T., for planned refueling. That lease was signed for Aero Data Link by John P. Kennedy, d/b/a Aero Data Link of Huntington, New York. While some of these consolidated causes of action still pend here as to some of the personal and corporate parties, it is doubtful, as conceded by plaintiffs' counsel, if further trial proceedings will be necessary, in view of the asserted financial irresponsibility of those parties. The plaintiffs, or decedents for whom plaintiffs here sue, were all persons to whom a duty was owed to use due care by the United States and its FAA agents and/or employees. A Veteran of the US Air Force he attended Girard . To the extent that I grew up and did what I had set out to do as a child, Ive been a success, Skipper said. 9. Someone needed to be blamed, so they blamed pilot error. Following an FAA investigation and hearings conducted by the National Transportation Safety Board, the NTSB placed the official blame for the crash on the pilots. The Supreme Court has definitively analyzed the misrepresentation exception to the Tort Claims Act in Neustadt. 121. The trip proposal, as distinguished from the actual operation of an aircraft, did not constitute a violation of regulations. 66. October 8, 1972 - January 31, 2023, Ronald Skipper passed away on January 31, 2023 in Kalamazoo, Michigan. Mohawk Airlines sold N464M to Ozark Airlines in December of 1965. N464M was last observed by the FAA Air Traffic Control Specialist at Denver approximately four miles north of the departure end of Runway 35 and on a northerly heading. Western Electric paid separate checks to Golden Eagle and Aero Data Link. At one point in an interview this month, Skipper could not remember the name of the pilot, Danny Crocker, who died in the crash. N464M was flown into Clear Creek Valley at an unreasonably low altitude. It is the responsibility of Flight Standards inspectors to conduct appropriate investigations of all known or reported violations of the regulations. At a point approximately over Dry Gulch, co-pilot Skipper, who had handled the aircraft controls since departure from Denver, decided to execute a teardrop turn in order to gain altitude. You can explore additional available newsletters here. to 12,700 feet at the Continental Divide. Mr. Skipper, who was injured in the crash, spoke at a news conference. The second plane landed at Logan without inci dent. J. Ronald Skipper 1515 Ringling Boulevard 10Th Floor Sarasota, FL 34236. He pastored First Baptist Church of Loris and Kittiwake Baptist Church in West Columbia. Bruce Danielson, of Golden Eagle, explained by letter to the University that Golden Eagle's attorney advised substitution of aircraft leases was necessary "to keep peace with the Feds," and the University should "destroy" the old lease. Having found plaintiff's first cause of action barred by 2680(a) of the Federal Tort Claims Act, and such judgment being a jurisdictional bar in this circuit, the court need not determine whether the evidence offered in support of such claim would merit a finding of FAA negligence proximately causing plaintiffs' damages. Ronald G. Skipper, 34 years old, also President of Golden Eagle Aviation, Inc.' which sup plied the crews for the school's football flights, said that Wichi ta State had signed a $24,000 . In 2009, he traveled to the Colorado crash site for the first time in 2009. . The FAA requested Western Electric's help in expediting those documents. I tried to stay away from them. 139. Ronald "Skipper" Leslie Bread was born March 13, 1978 to Ronald and Bua Bread in Okinawa, Japan. (4) PROMPT INVESTIGATION, reporting and processing to final action. On the morning of October 2, 1970, pursuant to the aviation services agreement between Golden Eagle and Wichita State, two Martin 404 aircraft, registration numbers N464M and N470M, were ferried from Oklahoma City, Oklahoma to Wichita, Kansas, for the purpose of carrying members of the Wichita State football team, coaches, and several football fans from Wichita to Logan, Utah, for a scheduled game, and back again to Wichita. 79. 5. The legislation eventually passed. The Court went on to differentiate such incidental misrepresentation occurring in financial or commercial transactions where the government was a party from those cases the government fails in an assumed duty to warn of a particular hazard. I love you so much and I miss you dearly. Forward to Family & Friends; Print; Contact Support; Upgrade; Death Certificates; Share This Obituary. Abram, the Chief of the Wichita GADO, reported to the Oklahoma City GADO that Golden Eagle personnel had flown a large aircraft into Wichita although Golden Eagle was only certified to commercially operate small aircraft for hire. Golden Eagle could still have operated the flight on October 2, 1970, using a different aircraft. The pilot in command of N464M on October 2, 1970, was Danny E. Crocker, and the co-pilot was Ronald Skipper, President of Golden Eagle. 108. Tribute Archive. Abram did, however, call Hanson at Oklahoma City GADO to report the incident. At least two passengers tried to fasten their seat belts but found them broken. 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. 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. He also held a Flight Instructor's Certificate for airplanes and instruments, which had expired April 30, 1969, and a Mechanic's Certificate No. Upon the basis of facts as set out in the Findings of Fact, the Court here affirms *406 and readopts the portion of its Memorandum and Order of January 31, 1977 in this action, finding Sizemore was acting as an employee of the United States at the time of his inspection of N464M and certification of its airworthy condition. 32. 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. 15. 3. 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. Skipper said he did not know about the damage to his heart until it showed up in the routine EKG tests required for the certificates renewal. Wichita State agreed to pay Golden Eagle for the service according to a schedule set forth in the agreement. On June 4, 1970, FAA Regional Counsel, Plummer, wrote to Regional Flight Standards, saying it was necessary to obtain a copy of the aircraft lease between Western Electric and Aero Data Link in order to render a legal opinion.