RENO, Nev. (AP) — A judge in Nevada has reopened a federal lawsuit accusing air traffic controllers of causing the 2016 fatal crash of a small airplane
RENO, Nev. — A judge in Nevada has reopened a federal lawsuit accusing air traffic controllers of causing the 2016 fatal crash of a small airplane that veered into turbulence in the wake of a jetliner before it went down near Reno-Tahoe International Airport.
But the 9th U.S. Circuit Court of Appeals recently overturned her ruling and ordered her to re-evaluate whether the air traffic controller shared any responsibility for the deaths of pilot John Brown and passenger James Elliker The lawsuit had argued the air traffic controllers were negligent because they failed to make clear there were two Boeing 757s — a UPS cargo plane and a FedEx cargo plane — cleared to land ahead of Brown’s single-engine Beechcraft A-36 Bonanza.
The appellate court said in its ruling in June it was vacating her decision, but the judgment didn’t go into effect until this week.She ordered the families of Brown and Elliker — who filed subsequent lawsuits later consolidated into a single case — along with the Justice Department lawyers representing the FAA and any other relevant parties to confer and file a joint status report by Aug. 27 proposing steps to resolve the case in accordance with the 9th Circuit’s ruling.
Citing the FAA’s Air Traffic Control manual, the judges said visual separation “is achieved when the controller has instructed the pilot to maintain visual separation and the pilot acknowledges with their call sign or when the controller has approved pilot-initiated visual separation.”
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