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Handling Military Aviation Accidents: What Every Practitioner Should Know Donald M A Publication of The Florida Bar Aviation Law Committee To Promote Education in the Florida Aviation Community Volume I, Issue 4 Florida Aviation Law Journal June 2009 Handling Military Aviation Accidents: What Every Practitioner Should Know Donald M. Maciejewski, Esquire1 You are sitting at your desk when you bly were defective, and that the defective receive the call. It is the widow of a Army he- components caused the crash. What do IN THIS ISSUE: licopter pilot. She has heard of your experi- you do..........? Based on what the widow ence as a military pilot and aviation attorney. has told you, is there a “case?” Read Back ................................2 She tells you about the crash that killed her Taking a military air crash case can be Airspace Economics 101...5 husband and 5 others only months ago and problematic, unless you know the pecu- wants your help. The “ambulance chasers” liarities of Military Aviation Law. Many at- Airport Closures at have been at her door and are also sending torneys attempt to handle their first military Privately Owned/ Public-Use Airports ......6 her brochures, telling her how great they are. air crash case by “learning as they go,” and She has received a copy of the Army AR 15- this approach often leads to mistakes that Airport Closures in the U.S.- 6 Collateral Board Report and is puzzled at adversely impact the client’s case. Consider Tony Jannus would not some of the Board’s findings. She heard from the following “war stories” - all of which actu- approve! ..............................14 a worker at the U.S. Army Safety Center that ally happened and all of which involve real the crash occurred during takeoff, when the “aviation attorneys”: nose of the Blackhawk pitched down, alleg- 1. A Navy helicopter crashes in the edly due to stabilator failure. Lynnhaven Bay in Virginia Beach, killing She tells you that her husband was an six active duty military passengers. The Army Major with over 10,000 flight hours, families of the deceased passengers and pilot-in-command of the UH-60L Black- contact Mr. Aviation Attorney, who ad- hawk helicopter. She relates that his co-pilot vertises his services as “a specialist in was an Army Captain, who was a highly ex- wrongful death cases.” After signing up perienced pilot as well. You also learn there the families, Attorney promptly calls the Editorial Board: were 2 Army helicopter crewmen aboard the local newspaper and advises the world aircraft (a flight medic and flight crew chief), that “...we are going to sue the Navy for S. V. (Steve) Dedmon, along with a civilian photographer and civil- negligence in causing the deaths of these Editor-in-Chief ian news journalist. The mission of the flight good men.” was to aerially photograph the new Army 2. Aviation attorney Bob Bigvoice repre- Committee Officers: Hospital at Ft. Rucker, Alabama and to assist sents several military crewmen who were Harry Lee Coe IV the local news media in preparing a story for killed in the crash of an Army military Chair the Army Times about the modernization of cargo plane. Attorney Bigvoice settles S. V. (Steve) Dedmon, Ft. Rucker. his clients cases cheaply, then calls a Vice Chair The widow has so much more to tell you press conference announcing his great and wants to know if you can meet with success. Following the press conference Brian David Burgoon you. Before she hangs up she also tells you and after Bigvoice’s clients sign releases Board Liaison that a “friend” of her deceased husband, closing out their claims, the clients advise who works at the Army Safety Center, has Bigvoice that they have received notifica- provided her with an “unredacted” copy of tion from the Army that they have lost the Safety Center Report, which states that all of their military and survivor benefits, certain components of the stabilator assem- See “Military Aviation Accidents” on page 10 “Read Back” S.V.(Steve) Dedmon It has been a while since our last John White the current president of umn for AOPA magazine. When I first publication, but it is better to wait to as- the Bar dropped in to say hello to the contacted him he said the caveat that sure we are substance and not shadow! committee. came with his accepting my invitation As such, there is a combined overview The next topic was whether the to speak was that he flew for 3 different of our last two meetings. As always committee should host an aviation cer- people who owned airplanes and even there is also three excellent articles tification review course in conjunction though he did not have a trip scheduled, contributed by Harry Lee Coe IV, Chris- with Embry-Riddle Aviation Law and that was subject to change. I weighed topher Robbins and Don Maciejewski. Insurance Symposium (ALIS) meeting the risk benefit and we agreed he would The Tampa Airport Marriot hosted in Orlando in January 2009. Greg Popp come and I would be his back up. On our September 12, 2009 meeting. For reminded the group the committee did the Monday, before our Friday meeting those who have attended meetings the review course in January 2007 and the e-mail arrived and I moved from there in the past you know finding the it is a large commitment of time and SIC to PIC. Since agreeing to be the room can be a challenge. One at- resources. The time includes review- back-up my material was ready, I just tendee commented they needed a GPS ing the certification requirements and had to get mentally prepared. to find the meeting room and when I left identifying those qualified to teach the My subject was Unmanned Aerial just prior to beginning I was tempted to subject material which may be up to six Systems and the FAA, THE FUTURE leave a trail of bread crumbs to help me to seven different individuals. It was IS NOW. The discussion was broken find my way back! agreed the committee will commit to the down into the history of UAV/UAS, Chairman Harry Coe, opened, as project and a subcommittee including the applicable Air Circulars, the NTSB is our custom, by having those in at- Jerry Trachtman, Ed Booth, and Bruce and UAS, House Resolution 2881, tendance introduce themselves, where Green would spearhead the logistics. finally the 2008 rulemaking committee they were from, and their area of prac- The committee also agreed to move proposal. Historically, the discussion tice. It is a good reminder for us of our January meeting to the Saturday looked at the initial development of bal- the variety of experience we enjoy as after the ALIS meeting. It was the con- loons beginning with the Montgolfiers a group. We were fortunate to have sensus that moving the meeting would who were among the first to harness some new faces among the group and also encourage committee and ALIS hot air in lighter than air technology. I it was good to greet and meet them and attendees participation based on the digressed a little to discuss the case welcome them. 7-8 CLEs that are normally available. of Guille v. Swan to describe the first Our first order of business was an So, check your future e-mails from the balloon trespass to property which held update on the Eilon Krugman-Kadi committee and Jerry and the gang Guille liable for not only the damage he scholarship established in at Embry- regarding attending or presenting. did to Swan’s garden but for that of the Riddle Aeronautical University. Steve Ed Booth, immediate past president 200 people who trampled down Swan’s Dedmon had received information from of the Lawyer Pilots Bar Association, vegetables and flowers as a result of the University Development Office that informed the group of the up-coming Guille’s cries for assistance. as of June 30, 2008 the scholarship winter meeting in Palm Springs, Califor- The discussion then touched on the had reached $10,778.00 and thus has nia at Rancho Las Palmas from Febru- use of UAVs during the civil war (includ- reached the endowment level which ary 18 – 22, 2009, and next summer at ing its influence on Otto Von Zeppelin), means next year the committee will the Grand Hotel on Mackinac Island, the use of hydrogen as a lifting gas, be able to make its first scholarship Michigan from July 8 – 12, 2009. Harry the use of kites for aerial photography, award. Jerry Trachtman suggested, Coe highlighted the MBAA meetings, and international law regarding using and the committee agreed, we should AOPA Expo, and the Asian Business balloons as bombing platforms. This give the scholarship in conjunction Association Conference and Exhibi- brought to a conclusion UAVs in the with one of our scheduled meetings. tion (ABACE) and European Business 1800s. He also said Lynda McMullen, Eilon’s Association Conference and Exhibition The presentation then moved to the long time companion, has expressed (EBACE) meetings. use of UAVs in WWI, specifically to interest in attending. It was agreed The first presenter for the after- the development of the Kettering Bug she should definitely be included in any noon was me. Over the past month which was developed to drop the wheel presentation make in Eilon’s memory. I had been corresponding with Mark carriage at takeoff, have the engine Incidentally, during this conversation, Twombly, who writes a monthly col- Continued on next page 2 “Read Back” From previous page shut down when it reached its destina- operating in or adjacent to their areas of violations.
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