Case 8:10-cv-03439-DKC Document 1 Filed 12/07/10 Page 1 of 11

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MARYLAND
GREENBELT DIVISION

JORDAN A. WELLS

Plaintiff,
vs. Civil Action No.: 8:10-cv-3439

UNITED STATES OF AMERICA,

SERVE ON:

United States Attorney General

Department of Justice
10th and Pennsylvania Avenue, NW
Washington, DC 20530

and:

Rod J. Rosenstein
United States Attorney
for the District of Maryland
36 S. Charles Street 4th Fl.
Baltimore, Maryland 21201,

Defendant.

COMPLAINT

COMES NOW, Plaintiff, Jordan Wells, as Claimant and sole survivor, in a personal

injury action pursuant to Md. Code Ann. (2010), § 11-108 and § 11-109 of the Courts &

Judicial Proceedings Article, by her counsel, Gregory S. Winton, Esq., The Aviation Law

Firm, and moves for judgment against the Defendant, United States of America, on the

grounds and in the amounts set forth below:

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JURISDICTION AND VENUE

1. This action arises against the United States under the Federal Tort Claims

Act (FTCA), §2671-2680 of Title 28 of the United States Code (28 USC §2671-2680).

2. This Court is vested with jurisdiction over this matter pursuant to 28 USC

§1346(b).

3. Defendant, United States of America, will be served through the United

States Attorney General and the U. S. Attorney for the District of Maryland pursuant to Rule

4(i) of the Federal Rules of Civil Procedure.

4. Plaintiff resides in Waldorf, Charles County, Maryland; all of the events at

issue in this Complaint occurred in the Southern Division of this Court.

5. Prior to initiation of this action, Plaintiff filed a timely administrative claim with

the United States Department of Transportation, Federal Aviation Administration (“FAA”),

on or about December 12, 2008, as required by 28 USC § 2675(a).

6. On June 16, 2010, by correspondence, the FAA responded to Plaintiff’s

claim, denied responsibilities for the injuries at issue, and informed the Plaintiff of her right

to file suit.

7. Plaintiff has elected to file suit in accordance with 28 USC § 2675.

FACTUAL ALLEGATIONS

8. Plaintiff, Jordan Wells, was an occupant aboard a Maryland State Police

helicopter and sustained serious and permanent personal injuries resulting from its crash.

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9. Defendant, the United States of America, operates and maintains the Federal

Aviation Administration (“FAA”) which employs air traffic controllers to, among other things,

facilitate and control aircraft in flight, on take-off and during landing; to provide necessary

information and assistance to pilots; and to control the airspace for safe passage by aircraft

and the passengers thereon between various points within the National Airspace System.

10. At all times relevant hereto, the Maryland State Police (“MSP”) Aviation

Command operated a public use helicopter service on behalf of the citizens of Maryland

under part 91 (14 C.F.R. Part 91) of the Federal Aviation Regulations (FAR) to conduct,

among other things, medical evacuation flights.

11. In the late hours of September 27, 2008, MSP dispatched a helicopter

bearing the FAA registration number N92MD (“the Aircraft”), call sign “Trooper 2,” from its

base at Andrews Air Force Base (“ADW”) to a motor vehicle accident in the Waldorf,

Maryland area for a medical evacuation flight.

12. The flight departed under Visual Flight Rules (“VFR”).

13. Arriving near the motor vehicle accident scene, the Aircraft picked up Plaintiff,

Jordan Wells, and one other accident victim and, along with its Pilot, one flight paramedic,

and one volunteer paramedic from the field, set off for Prince George’s Hospital Center

(PGH), in Cheverly, Maryland.

14. The individuals on board Trooper 2 at the time were, respectively, Ashley

Younger, Steven Bunker, Mickey Lippy, Tanya Mallard, and Plaintiff, Jordan Wells.

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15. Due to deteriorating weather, the flight encountering instrument

meteorological conditions (“IMC”) and as a result, the Aircraft was not able to land at PGH.

16. After requesting an instrument clearance from FAA air traffic controller(s), a

diversion to ADW, and an instrument approach to ADW runway 19R, the Aircraft

proceeded in a southerly direction away from PGH and towards ADW.

17. The Aircraft traveled in airspace over the State of Maryland that is controlled

by FAA air traffic controllers.

18. At all times relevant and during the approach to ADW, the pilot of Trooper 2,

Steven Bunker, was in direct contact with and taking direction from, FAA air traffic

controller(s), all of whom were acting within the scope of their employment with the FAA.

19. Pilot Bunker was provided weather information by FAA air traffic controller(s)

during the course of the flight and on the approach to ADW.

20. The weather information provided to Pilot Bunker by FAA air traffic

controller(s) was hours old and highly inaccurate, suggesting that the ceiling and visibility

was much greater than that which actually existed at ADW at the time.

21. At all times relevant, FAA air traffic controller(s) were advised by Pilot Bunker

that medivac patients were on board the Aircraft, including the Plaintiff, Jordan Wells, and

that he had encountered instrument meteorological conditions necessitating air traffic

control assistance to safely complete the flight.

22. During his approach to ADW, FAA air traffic controller(s) who rendered

service to the Aircraft exhibited numerous operational and procedural deficiencies,

including, but not limited to unresponsiveness, inattention, and poor radar vectoring.

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23. These deficiencies were an unnecessary and unreasonable distraction to

Pilot Bunker that increased his workload by requiring him to compensate for the

substandard services provided to him by FAA air traffic controller(s).

24. At just before midnight on September 27, 2008, Pilot Bunker reported to FAA

air traffic controller(s) that he was not picking up the glideslope – the electronic navigation

aid designed to provide the Aircraft vertical guidance in non-visual conditions to runway

19R at ADW.

25. The air traffic controller at ADW’s tower replied that the glideslope was

“showing green on the panel but you’re the only aircraft we’ve had in a long time so I don’t

really know if it’s working or not.”

26. Almost immediately thereafter, and at about three (3) minutes before

midnight, Pilot Bunker requested an airport surveillance radar (ASR) approach.

27. A request for an ASR approach is a request from an aircraft to air traffic

controller(s) to provide radar services consisting of vertical and lateral guidance to the

runway.

28. The ADW FAA air traffic controller replied that she was not “current” to

provide ASR approach service to Pilot Bunker, and thereafter neither inquired as to the

pilot’s intentions nor made any attempt to do so, or to render any other assistance to the

Aircraft.

29. There were no further communications, attempted or otherwise, with Trooper

2 by the ADW FAA air traffic controller(s) who made no attempt to locate the Aircraft after it

failed to cross the threshold of the runway.

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30. The Aircraft impacted terrain just over one (1) minute later, killing four (4) of

the five (5) occupants on board and seriously and permanently injuring the sole surviving

passenger, Jordan Wells.

AS AND FOR PLAINTIFF’S CAUSE OF ACTION

AGAINST DEFENDANT UNITED STATES
BASED UPON NEGLIGENCE
OF ITS AGENTS, SERVANTS, AND EMPLOYEES
AND RESPONDEAT SUPERIOR LIABILITY

31. The allegations of the previous paragraphs are incorporated herein by

reference.

32. At all times relevant hereto, the air traffic controller(s) who were in contact

with Pilot Bunker were acting within the scope of their employment with the United States

and had a concurrent duty together with the pilot of the Aircraft, to provide for the safe

passage of the Aircraft and the passengers aboard the Aircraft, and knew or should have

known, that passengers traveling on the aircraft, including Jordan Wells, relied upon air

traffic controller(s) to provide certain accurate information, including but not limited to

current weather conditions, and to provide all required and necessary assistance to the

pilot, especially the pilot of a medevac helicopter with critical care patients on board, to

warn about hazardous conditions and to assure passenger safety when danger to the

Aircraft is immediate and extreme or when the air traffic controller(s) knew or reasonably

should have known that Trooper 2 and Pilot Bunker were encountering navigational and

weather related difficulties and/or perceived mechanical malfunctions of his navigational

equipment (i.e., electronic glide slope).

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33. The FAA air traffic controller(s) on duty the evening of September 27, 2008,

and who provided radar services to Trooper 2, breached their duty of care to those on

board the Aircraft by, without limitation: (1) failing to provide Pilot Bunker with the most

accurate and relevant weather information under rapidly changing and deteriorating

weather conditions; (2) failing to monitor the approach of Trooper 2 on radar during its

attempted landing at ADW; (3) failing to provide the Aircraft with a proper Instrument Flight

Rules clearance and radar transponder code; (4) failing to provide assistance to Trooper 2

and Pilot Bunker when it was known to the controller(s) that: (a) the Aircraft was traveling in

very close proximity to secure and restricted flight zones in and around the D.C.

Metropolitan area; (b) the pilot had already demonstrated distraction and difficulty during

the approach; (c) the pilot had reported experiencing unexpected and limited visibility; (d)

the pilot had reported that he was experiencing perceived malfunction(s) of his navigational

equipment; (e) that weather conditions were poor, unstable and rapidly changing; and (f)

the weather information provided by controller(s) to Pilot Bunker was highly inaccurate and

stale; and (g) the ADW tower air traffic controller(s) lacked situational awareness of the

actual weather conditions at ADW at the time of the loss of Trooper 2; and (h) the ADW

tower controller knew or should have known of the unsafe altitude of Trooper 2 during the

approach; and (5) failing to properly notify and then dispatch adequate search and rescue

resources in order to assist Plaintiff, Jordan Wells.

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34. At the time of the attempted landing of Trooper 2 at ADW, FAA air traffic

controller(s) had the duty, time, opportunity, and means to provide additional and

necessary assistance and warnings to Pilot Bunker but neglected to do so.

35. It was reasonably foreseeable that under the facts and circumstances of this

case, the failure to provide further ATC services and/or assistance to Pilot Bunker, the air

traffic controller(s)’ collective failure to follow all proper operational protocols and

procedures, and specifically, the mandates of FAA Order 7110.65; was likely to result in

significant harm to the passengers and others traveling on board the Aircraft.

36. The acts and omissions of the air traffic controller(s) as set forth above were

a proximate cause of, or otherwise a substantial causative factor resulting in, the loss of

Trooper 2 and the resultant serious and permanent injuries of Plaintiff, Jordan Wells, who

was the sole survivor after Trooper 2 struck the ground.

37. It was reasonably foreseeable that under the facts and circumstances of this

case, the air traffic controller(s)’ collective failure to follow all proper operational protocols

and procedures, and specifically, the mandates of FAA Order 7110.65, was likely to result

in significant and harmful delay in the search and rescue of Plaintiff, Jordan Wells, and

others traveling on board the Aircraft.

38. The acts and omissions of the air traffic controller(s) as set forth above were

a proximate cause of, or otherwise a substantial causative factor resulting in, the loss of

Trooper 2 and the subsequent substantial and harmful delay in the search and rescue of

Plaintiff, Jordan Wells, who was the sole survivor after Trooper 2 struck the ground.

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39. Jordan Wells was aware of the difficulties being encountered by Pilot Bunker;

was aware of the imminent crash of the Aircraft; and was able to, and did experience, the

initial impact sequence.

40. As a direct and proximate result of the negligent acts and omissions of the

employee(s) of the United States of America, who were acting within the scope of their

employment as FAA air traffic controller(s), Plaintiff, Jordan Wells, sustained severe and

permanent physical and emotional injuries, mental anguish, pain, and suffering. As a

result of the severe and permanent physical and emotional injuries, mental anguish, pain,

and suffering, Jordan Wells has incurred and will continue to incur costs for home care,

medical care, loss of income, prosthetic care, psychological counseling, in addition to

home, vehicle, and equipment accommodations. As a further direct and proximate result

of the negligence of FAA air traffic controller(s)’ failure to carry out their official duties with

reasonable care, Jordan Wells experienced great fear, danger, and apprehension prior to

any impact; great fear, danger, and apprehension at the time of the first impact; and while

she remained laying helplessly in the mud for approximately two (2) hours, shivering,

surrounded by debris, soaked in fuel, thinking she was going to die alone in the woods.

41. At all times material hereto, Defendant, United States, including but not

limited to its agents, servants, and employees, owed Plaintiff, Jordan Wells, a duty to

exercise reasonable care in the inspecting, servicing, maintaining, monitoring, and

operating of air traffic control facilities, including but not limited to the training and

oversight of air traffic controllers all of whom were employed by the United States and

were working within the scope of their employment.

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42. Defendant, United States, breached its duty to exercise reasonable care

and the crash of Trooper 2 and the resulting deaths and injuries were caused by

negligence, including but not limited to the negligence of officers, agents, employees

and servants of the Defendant, United States, while acting within the scope of their

employment.

43. The numerous operational and procedural deficiencies, including, but not

limited to unresponsiveness, inattention, and poor radar vectoring on September 27,

2008, that led the crash of Trooper 2 were caused by the negligence of Defendant,

United States, and its employees, while working within the scope of their employment.

44. The negligent acts or omissions of the employee(s) of the United States of

America, who were acting within the scope of their employment as FAA air traffic

controller(s), as more fully described above, involved neither an element of judgment or

choice, nor were grounded in considerations of governmental policy.

45. As a direct and proximate result of the foregoing vicarious negligence of

defendant United States, and its direct negligence, including but not limited to the acts

or omissions of its agents, servants, and employees, Plaintiff, Jordan Wells, has

suffered, continues to suffer, and will continue to suffer for the remainder of her natural

life, substantial damages including, inter alia, those set forth more fully above, and in an

amount not less than Fifty-Million Dollars ($50,000,000.00).

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WHEREFORE, Plaintiff, Jordan Wells, respectfully requests the Court grant

judgment in her favor against the United States of America in the sum of Fifty-Million

Dollars ($50,000,000.00) plus pre-judgment interest, post-judgment interest, costs and

such further relief as directed by the Court.

Dated: December 7, 2010

Respectfully submitted:

By: /s/ ______

Gregory S. Winton, Esq. (MD Fed. Bar. No. 16903)
The Aviation Law Firm
One Research Court, Suite 450
Rockville, Maryland 20850
Tel: (301) 294-8550
Fax: (301) 294-2525
Email: Greg@Aviationlawexperts.com

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