Says Law Firm Has No Standing To Request Investigation Materials

The NTSB has filed a motion to dismiss a lawsuit brought by the Wolk Law Firm in the Eastern District of Pennsylvania seeking material related to an accident which occurred in May.

According to the NTSB's preliminary report on the accident, the FDR data from the Gulfstream G IV which was involved revealed the elevator control surface position during the taxi and takeoff was consistent with its position if the airplane's gust lock was engaged. However, the gust lock handle, located on the right side of the control pedestal, was found in the forward (OFF) position, and the elevator gust lock latch was found not engaged.

But this case is not entirely about the actual details of the accident. The Legal Intelligencer reports that the Wolk Law Firm had filed a Freedom of Information request seeking access to the NTSB's documentation of the case.  The NTSB has not provided the requested materials, and the law firm accused the board of obstruction of justice.

The NTSB argued in asking for the dismissal that the U.S. has "sovereign immunity for such claims," and that there is no private cause of action for federal obstruction of justice.

The NTSB also says that the law firm has not used every administrative means through the FOIA to obtain the material before going to court.

The law firm and its clients say that the NTSB gives an advantage to aircraft manufacturers over accident victims when it reviews cases. In their complaint, the plaintiffs said that the board "continues to this day to obstruct, withhold and/or destroy evidence of airplane crashes, which evidence includes photographs, notes, manuals and other evidence and only allows crash victims access to its 'Public Docket,' which contains only those photographs, notes, manuals and other evidence selected by the NTSB with the sole input of the manufacturer party participants who are putative defendants in lawsuits arising from the crash."

The NTSB said in its motion to dismiss filed October 10th that while the FOIA does provide individuals with a right to obtain certain information, "plaintiffs do not have a constitutionally protected property or liberty interest in obtaining the requested information regarding the aircraft crashes."

FMI: www.ntsb.gov