Hendrick Motorsports' plane crash trials start Tuesday
By Bob Pockrass - Associate Editor
Monday, April 20, 2009
A trial to determine who was responsible for the Hendrick Motorsports plane crash that killed 10 people Oct. 24, 2004, on the way to a NASCAR Cup race at Martinsville Speedway is scheduled to begin Tuesday in U.S. District Court in Winston-Salem, N.C.
At issue is who is responsible for the accident – HMS Holdings (parent company of Hendrick Motorsports), the pilots themselves or the government, which is responsible for the air-traffic controllers.
The trial covers five cases involving widows Dianne Dorton (wife of HMS engine builder Randy Dorton), Linda Turner (wife of HMS general manager Jeff Turner), and Tracy Lathram (wife of Tony Stewart pilot Scott Lathram, a passenger on the plane); HMS Holdings; the pilots’ estates; and the United States.
According to court documents, the crash resulted when the pilots overshot the airport by five miles and failed to follow the missed-approach procedure for the Martinsville/Blue Ridge Airport, which requires a climbing right turn to avoid Bull Mountain. The plane, in heavy cloud cover, climbed without turning and crashed into the mountain, killing all 10 aboard.
According to court documents, the government blames Hendrick pilots Richard Tracy and Elizabeth Morrison for failing to follow procedure. Hendrick and the widows believe the government shares some of the responsibility for the actions of the air-traffic controllers. Widow Dianne Dorton’s complaint alleges that the air-traffic controllers did not attempt to contact the pilots even though the plane was descending at 2,500 feet above the end of the runway and continued toward the mountain for more than four minutes until the crash. Hendrick alleges in court documents that the controllers ignored a visual and audible alarm specifically designed to warn them that the aircraft was dangerously close to terrain.
The government contends that the air-traffic controllers were not responsible because the pilots had been given clearance to land without the use of air-traffic control but instead just by using their instruments; that the pilots were using instruments not certified for such a landing; and that the pilots still could have avoided the accident if they made a climbing right turn once they realized their missed approach.
Hendrick already has settled suits with widows Tracy Lathram and Linda Turner but not with Dorton. It is asking for the government to contribute to those settlements, as well as an out-of-court settlement with the family of DuPont executive Joe Jackson. The estates of the pilots also want the government to contribute to any awards they are liable for. All sides could still reach a settlement prior to the start or during the trial.
Among those killed in the crash were team owner Rick Hendrick’s son, Ricky, as well as Rick’s brother, John (president of Hendrick Motorsports) and John’s daughters Kimberly and Jennifer.
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8 responses to "Hendrick Motorsports' plane crash trials start Tuesday". Post a Comment.
Sunday Money said:
Apr 20, 2009 at 9:12 PMMy prayers will be with all the families involved. There were so many people's lives affected by this plane crash. May God continue to give each family member and friends the strength to endure this event again. It will be like re-opening a wound on the crash when it goes to court.
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» Confirm Abuse Reportrandy hayes said:
Apr 20, 2009 at 10:42 PMSettle out of court.Avoid a lot more heartache.
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» Confirm Abuse Reportrandy hayes said:
Apr 20, 2009 at 10:42 PMSettle out of court.Avoid a lot more heartache.
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» Confirm Abuse ReportWerner Boehmert said:
Apr 21, 2009 at 6:31 PMmore money in the lawyers pockets...just like the case with Bob Seeger...he's named in a lawsuit because someone drove his car and was involved in an accident....
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» Confirm Abuse ReportBernie said:
Apr 21, 2009 at 10:18 PMThis has got to be tough for the Hendrick family and organization to drag this to the surface again.
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» Confirm Abuse Reportbranna verrett said:
Apr 23, 2009 at 11:33 AMI think that all are responsible, The pilots needed to be extra cafefull due to fog and the goverment because The plane, was in heavy cloud cover. Lets us say a prayer for all that are affected by this tragic advent...My heart and prayers are with the families.
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» Confirm Abuse Reportbranna verrett said:
Apr 23, 2009 at 11:36 AMI agree Bernie this has got to be tough on all the families.. this is nothing like losing a son or spouse== God had a purpose to call his children home.
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» Confirm Abuse ReportBadaBingGurly said:
Jan 12, 2010 at 4:44 PMMy Dear Dianne,
Report as AbuseThis is my only way to reach you. You have made a huge mistake and/or been misinformed. Please get in touch with me. I will not give you any stress.
Momma Bird
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