Co-pilot in fatal plane crash wasn't authorized to fly
By Valarie Honeycutt Spears
HERALD-LEADER STAFF WRITER
Records filed in a Florida court today allege that the co-pilot in a fatal 2002 plane crash at Blue Grass Airport admitted that he falsified a proficiency test and was flying illegally as a result.
"Crucial pilot records were intentionally falsified by one of the highest ranking officials" at the air carrier company, said the motion filed in a Pinellas County, Fla. Circuit Court.” Pencil whipping records to show a pilot possesses qualifications he really lacks is despicable and dangerous conduct that compromises public safety," the motion said.
On the afternoon of Aug. 30, 2002, a Learjet 25CXR, was transporting a chronically ill Lexington native, Louise Babb, and her husband John Babb from Marco Island, Fla. when it careened off a runway, smashed into a navigational tower and plowed onto Versailles Road.
Babb, 76, a longtime and well-known Lexington resident who had a home at Marco Island, Fla., died in the crash. Her husband, as well as the pilot, the co-pilot and the chief flight nurse were all seriously injured, but survived.
Today's court motion stemmed from a wrongful death lawsuit that Babb's husband and son, Mitchell Blumenfeld, filed in Aug. 2003 against the pilot Miles Lansing, co-pilot Jim Hensel, the air carrier American Air Network Inc., an associated company called Air Ambulance Care Flight International Inc. and other companies responsible for maintenance on the aircraft.
No trial date for the lawsuit has been set. But in a deposition this summer, co-pilot Hensel acknowledged that he did not complete an annual proficiency check, even though a top ranking air carrier company official signed off on it. Hansel was handling the plane's breaking equipment at the time of the crash, court records say.
As a result of Hensel's disclosure, Babb's attorney David Rapoport of Chicago asked the court today for permission to file punitive damages against American Air and Hensel in the wrongful death suit.
A hearing may not be held on the motion for at least one month, Rapoport said.
Hensel's attorney, Herbert Kim of Miami was traveling today and could not be reached for comment, his staff said.
Tom Thornton, the Miami attorney representing American Air Network said he hadn't seen the motion yet.
"I really couldn't comment," said Thornton.
In an interview today, Rapoport would not disclose the damage amount being sought.
But Rapoport said, the case "involves despicable conduct by an air carrier and a pilot that should not be tolerated."
The Federal Aviation Administration requires air carriers to prepare and maintain honest pilot training and testing records, according to court records.
In an Aug. 26 deposition, Rapoport showed Hensel a document that said Hensel passed a mandatory test called "a check ride" on June 22, 2002.
"This entire document is one big giant lie, correct?," Rapoport asked.
"Correct," Hensel replied, according to the deposition.
Hensel also said in the deposition that he knew he lacked the "lawful qualifications" needed to fly that day.
According to the court motion, the American Air official who approved the test disputes Hensel's version and says he indeed gave Hensel the "check ride."
In 2004, the National Transportation Safety Board ruled that excessive speed was the probable cause of the accident.
As the plane crashed, it sheared off part of a navigational tower, plunged down a hill and came to rest along the westbound shoulder of the highway with its nose pointing east. The rear half of the aircraft was charred.
Hensel sustained partial paralysis, according to news reports in 2002. Court documents said that Jack Babb suffered "severe" and "permanent injuries," but did not elaborate.
According to the NTSB, the plane's captain, later identified as Miles Lansing, applied thrust while landing, which limited the effectiveness of the plane's brakes and caused the plane to overrun the runway.
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