AA5342 Down DCA

[WillowRun 6-3]

After Day 1 , , , ,

Watched most of the hearing today.
Aviation community and espeically professionals (and others in cheap seats like mine) owe TAC a big Kudos! for the live updates.

I'm not going to restate in depth one of the fundamental legal issues looming in the litigation in which this accident will be dissected; just a cursory summary, for context.

The main defendants, from a liability standpoint, are the two federal government entities and not the airline - quite obviously because as someone upthread observed, the Bluestreak 5342 pilots "owned" the last segment of airspace to be traversed to the runway. Pulling the airline in for deep pockets and insurers is not the issue for liability analysis.

But the federal government in all its actors and agents is protected by sovereign immunity. But -- it also has waived, in other words legally discontinued, its sovereign immunity (by the Federal Tort Claims Act) for many types of alleged wrongful acts. BUT -- there is an exception to its opening itself up to lawsuits - if the action or omission being challenged is a matter of "discretionary functions", in other words the making of policy, immunity is still in place. Only if the act or omission is a "ministerial function" is Uncle open to suit (Uncle Sam, that is). Generally, alleged failure to follow established rules and policies.

Well, if I were in this case, I first would have hit the 7-11 for a six-pack of Giant Size energy drinks, because I would be awake for a week gathering cases and writing preliminary briefs about the glaring nature of the FAA's action - actually an omission - in not adding something on the order of "hot spot" or its equivalent to the pertinent charts. I mean, "policy factors" in that slippery bit of bureaucratic box-checking? (I wasn't tuned in for the exchange in which the FAA witness indicated - according to the TAC live update, that LAX had requested a similar notation relative to helicopter traffic, which FAA did add, but FAA did not suggest anything for DCA because DCA had only requested "hot spot" which, of course, is for surface congestion points not airspace. But FAA let the situation continue unabated, unaddressed? No wonder the cool-as-ice Chair is said to have lost it, her cool that is, over this FAA testimony.)

Forecasting how legal issues will run and play out can be foolish indeed. Perhaps watching the NTSB "animation" - including actual video footage of the two aircraft colliding in mid-air - has wrenched my senses so as to yield a sense of blood in the water. Lawyer, sharks, their similiarities, all that trip.
WillowRun 6-3

And Salute! to the Officer of the United States Army who expressed condolences to the families in attendance, before he started to answer a question that had been addressed to him. A class act, sir.