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Colombia, South Carolina Lear Jet Crash Raises Significant Aviation Safety and Legal Concerns.
The September 19th, 2008 crash of a chartered Lear 60 business jet during takeoff from the Colombia Metropolitan Airport in Colombia, South Carolina killed four occupants and critically injured two notable celebrities from the Atlanta area. It was reported that sparks were seen coming from the aircraft as it attempted to takeoff. A subsequent investigation also indicates that one of the jet's tires may have failed during the takeoff.
This is not the first time that this problem has plagued a Lear Jet, according to
aviation attorney Stuart Fraenkel, a partner in Kreindler & Kreindler LLP's Los Angeles
office. Lear Jets were involved in similar incidents in 1994 and 2001. "In the prior
incidents, the jets were traveling down the runway for takeoff when one or more tires
failed. In the 2001 case, showers of sparks were observed soon after the failure of its
outboard right main tire manufactured by Goodyear. Both cases thankfully resulted in no
injuries to those aboard."
Kreindler & Kreindler LLP has vast experience in handling matters involving
aviation accidents of this nature. Kreindler & Kreindler handled the 2001 air crash that
claimed the life of R&B recording artist Aaliyah. In that incident, the plane attempted to
takeoff from an airstrip in the Bahamas but crashed only 200 feet from the end of the
runway, killing all nine aboard. Representing Aaliyah's family members were Robert J.
Spragg and Marc S. Moller, partners in Kreindler & Kreindler LLP's New York office.
Pilot training and aircraft certification involving rejected takeoffs (RTO) will be
critical to this case. If a decision to discontinue the takeoff is made after a specific speed,
the chance of stopping on the remaining runway decreases and the likelihood of injury or
death increases dramatically.
Both Boeing and the National Transportation Safety Board (NTSB) have studied
problems associated with high-speed aborts of takeoffs involving jet aircraft. It was
found that over half of the RTO's it studied should not have occurred – in other words,
the takeoffs should have proceeded and the problem handled once airborne.
Twenty-one percent of RTO's were related to wheel and tire problems, real or
perceived. In two incidents involving Lear Jets, pilots have encountered multiple blown
tires on takeoff.
Mr. Fraenkel, states that this accident raises several important questions: "What is
the quality of the maintenance on these charter aircraft? Was the runway environment
safe for the aircraft's departure? Was the aircraft properly checked out and configured by
the crew prior to the attempted takeoff? What can be done to improve the procedures and
protocols for charter operators?"
The two passengers injured in the Columbia, South Carolina accident received
burns over a large part of their body before being thrown clear of the flaming wreckage.
The two pilots and remaining two passengers received fatal injuries from the crash.
The survivors will face a long road to recovery. Dr. Susan Friery, a medical
doctor and attorney at Kreindler & Kreindler says that "second and third-degree burns
can require surgical intervention, including surgical grafts, and result in permanent nerve
injury and scarring. It can take as long as a year to fully heal from these initial injuries
and from the surgeries to repair them, and numerous antibiotics and blood thinners to
combat the surgical and non-surgical risks to the patient. Surgical revisions may be
required due to kelating and scarring down of the tissues below the graft and many
patients will be required to wear compression stocking (Jobst) for the rest of their life.
"With the physical injury comes a large emotional burden and psychiatric issues,
both for the victim and the family, which can require long term therapy and medication."
says Dr. Friery.
Stuart Fraenkel, a Kreindler & Kreindler LLP partner, is currently involved in
litigation against tire manufactures Goodyear and Cooper Tires in other non-aircraft
related matters. Tire defect cases are very complex and require in-depth knowledge of
tire design, manufacturing and failure modes.
Kreindler & Kreindler LLP has litigated numerous complex aviation accident
cases around the world.
For answers to your questions, please contact Mr. Stuart Fraenkel at 213.943.6074 or
SFraenkel@Kreindler.com or Justin Green at 212.973.3403 or JGreen@kreindler.com.
Kreindler & Kreindler LLP, Tradition of Excellence, New York, New Jersey, Boston, Los Angeles.
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