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Gulfstream III Crash: Striking Parallels With A February 1991 Crash At The Same Aspen, Colorado Airport
The crash of the Gulfstream III on approach to Aspen, Colorado's Sardy Field on the night of Thursday, March 29, 2001 shares striking parallels with the February 1991 crash of another chartered plane at the same Aspen airport.
Kreindler & Kreindler LLP handled the earlier Aspen crash case for the family of the sole passenger aboard the plane, a prominent businessman. The case was successfully resolved during trial for a confidential amount. Marc S. Moller was the firm's partner on the case.
The 1991 crash occurred during the late afternoon, near nightfall, as the Learjet plane was making its final approach to the Aspen airport after a flight from Las Vegas. Winter weather conditions prevailed, including snow showers. The Learjet's crew planned to depart Aspen as soon as possible after dropping off their passenger and faced an imminent curfew on night flights that would leave the plane grounded until morning.
The Aspen airport is at an elevation of 7815 feet and lies in a valley bordered by mountains. Approaches are difficult even in good weather and require considerable piloting skill, particularly when weather and winter storms limit visibility. A noise abatement curfew limits take-offs and landings for most aircraft types to from 7AM to 30 minutes after sunset.
Based upon preliminary data obtained through the post-crash investigators of the National Transportation Safety Board, the Gulfstream tragedy, like the 1991 Learjet disaster, involves pilot negligence in attempting to land in poor weather conditions with limited visibility and darkness. Also, like the prior accident, the Gulfstream crew may have rushed the landing because of concern over meeting the airport's nighttime curfew. The Gulfstream III, like its Learjet counterparts and other business jets, is a high performance aircraft, rendering pilot mistakes or misjudgments, especially in the landing and take-off phases of flight, particularly unforgiving.
Air traffic controller negligence is also likely to be a contributing factor to the Gulfstream crash. The particular dangers of the Aspen Airport had been recognized by the FAA through a recent Notice to Airmen (NOTAM) which prohibited the approach from being flown on instruments at night.
Incredibly, however, the FAA control personnel manning the Aspen Tower were apparently not told about this NOTAM. The FAA air traffic controllers handling the flight did not advise the crew that flying into Aspen in darkness on instruments was not authorized and unsafe. There is also a serious question whether the airport's minimum safe altitude warning system (MSAW), signaled an alarm to the controllers as the plane made its approach. The controllers were required to immediately issue an MSAW alert to warn the pilots of their dangerous proximity to terrain. Claims against the federal government alleging air traffic controller negligence may be brought pursuant to the Federal Tort Claims Act and require that notices of claim be filed prior to starting suit.
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