The family of a Qualcomm executive killed in a mid-air crash south of San Diego has filed a wrongful death lawsuit against the air traffic control company responsible for managing air traffic at the time of the incident.
The lawsuit, filed on behalf of the family of Michael Copeland, claims the New Jersey-based company did not properly monitor the distance between two aircraft that collided near Brown Field in Otay Mesa on Aug. 16.
The company Serco Inc., a private operator, contracts with the U.S. government to offer air traffic control services.
The suit also names the company that owns and operates the jet that collided with Copeland’s aircraft, Maryland-based BAE Systems Technology Solutions and Services.
Copeland was piloting a Cessna 172 when it collided with a twin-engine Sabreliner. Four people on board the Sabreliner died, as did Copeland.
The Copeland family attorney, David S. Casey Jr., said in a statement the control tower had communicated with the pilots of both planes prior to the crash.
The Sabreliner was cleared to land and was on a jet approach, while the Cessna – cleared to perform touch and go landings and take offs – was flying to the airport on a downwind lag, Casey said.
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The attorney said: “We believe the air traffic controllers failed to maintain a proper, safe distance between the two aircraft.”
The attorney’s statement also states that the Sabreliner “should have been able to clearly see the smaller plane.”
In September, the family of one of the Sabreliner occupants killed in the crash filed a claim against the estates of two pilots, including Copeland, alleging they were responsible for his death.
Carlos Palos’ family alleges that the defendants were negligent that day because they failed to take “the responsible standard of care required of them.”
A preliminary report from the National Transportation Safety Board suggested that the pilots did not see each other in the skies above Otay Mesa before they crashed. According to a witness, the Cessna broke apart in the air, while the Sabreliner banked left and exploded when it hit the ground.
