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II. Findings of Fact
Aeromexico Accident at Cerritos, California on August 31, 1986
(Editor's note: Readers will recall the mid air collision between an Aeromexico DC 9 and a US civil aircraft in the Los Angeles, California, Terminal Control Area. The Findings of Fact and Conclusions of Law in the resulting court case were published in Lloyd's Aviation Law, vol. 8, no 18, and are reprinted here with the kind permission of that magazine's editor. Since these findings and conclusions are of great importance to, and have a possible impact on, air traffic controllers, they are reproduced as in 'Lloyd's Aviation Law', in full.)
Court files its Findings of Fact and Conclusions of Law The District Court has filed its formal Findings of Fact and Conclusions of Law following the completion of the consolidated liability trial in the Central District of California arising out of the Aeromexico accident of August 31, 1986 in Cerritos, California. The plaintiffs were the families of the passengers on the Aeromexico DC-9 aircraft. ground victims, th~ estates of the pilot and passengers on the Piper aircraft which collided with the Aeromexico DC-9, the families of the Aeromexico crew members killed in the crash and Aeromexico itself. The defendants were the United States of America in all actions, the estate of the deceased pilot of the Piper aircraft in certain actions and Aeromexico. Third party claims were filed by the United States and Aeromexico against each other and against the estate of the deceased pilot of the Piper aircraft for indemnity and contribution. Because of the importance of the trial and the result, the significant Findings of Fact and Conclusions of Law are set forth verbatim. 1. The actions pending before this Court arise out of the mid-air collision of an Aeromexico DC-9 passenger jet. operating as Aeromexico Flight 498 (hereinafter 'AM498') and a singleengine Piper aircraft, bearing Unit~d States Registration N4891 F (hereinafter¡ 91 F' ). and the subsequent crash of both aircrafts in a residential neighborhood in Cerritos. California. on August 31. 1986. 2. All sixty-four persons on board 2
AM498, the three persons on board 91 F, and fifteen persons on the ground were killed. Persons and property on the ground were also injured, damaged or destroyed. 3. As a result of the magnitude of the disaster and the numbers of lawsuits filed, as well as the fact that several suits were filed in or removed to federal districts other than the Central District of California, all cases were consolidated in this Court by the Judicial Panel on Multidistrict Litigation, pursuant to 28 U.S.C. § 1407. 4. The liability and damage issues in these actions were bifurcated in response to the joint request of all parties. The matters tried before this Court related to liability issues only. 5. Prior to trial, all defendants were dismissed except the UnitedStates of America (hereinafter 'United States'), the Estate of William Kramer (hereinafter 'Estate of Kramer'), and Sindicatura de la Quiebra de Aeronaves de Mexico (hereinafter 'Aeromexico' ). 6. Trial in this matter commenced with jury selection on November 16, 1988. The case went to the jury on March 31, 1989, after more than 50 days of trial before the jury and the Court. The jury returned its verdict on April 14, 1989, and on that same date, after considering the advice of the jury, this court rendered its findings from the bench. 7. The Court, having received and considered the evidence presented, having heard the testimony of witnesses and the argument of counsel. hereby renders the following specific Findings of Fact and Conclusions of Law:
B. The Accident 1. AM498 was a regularly scheduled passenger flight from Mexico City, Mexico to Los Angeles, California with intermediate stops at Guadalajara, Loreto and Tijuana. 2. On August 31,- 1986, at 11 :20 a.m., AM498 departed Tijuana for Los Angeles on schedule with 58 passengers and six crew members on board. 3. AM498 was piloted by Captain Arturo Valdes-Prom and First Officer Jose Hector Valencia-Orduna. 4. The flight crew of AM498 was qualified in accordance with applicable Mexican, United States and company regulations and procedures. 5. AM498 was flying under an Instrument Flight Rules (IFR) flight plan from Tijuana to Los Angeles. 6. At approximately 11:47:28 a.m., Pacific daylight time, AM498 made initial radio contact with Walter White, the Los Angeles Approach Arrival Radar 1 (AR-1 ) at the Los Angeles Terminal Radar Approach Control (TRACON), advising the controller that AM498 was level at 7 ,OOO feet. 7. The AR-1 controller instructed AM498 to depart the Seal Beach VOR beacon on a heading of 320 degrees. A VOA is a ground-based electronic navigation aid transmitting very high frequency navigation signals. The AR1 controller also instructed AM498 to expect an Instrument Landing System (ILS) approach to runway 25L at Los Angeles International Airport (LAX). AM498 confirmed that this information had been received. 8. In accordance with the AR-1 controller's instructions, AM498 proceeded on a heading of 320 degrees through an area of restricted airspace known as the Los Angeles Terminal Control Area (TCA) toward LAX. AM498 remained on a heading of 320 degrees at all times after entering the TCA. 9. The AR-1 controller monitored the progress of AM498 from the time it entered the Los Angeles TCA. 10. The AR-1 controller did not alter AM498's heading from 320 degrees up to and including the time of the collision. 11. After passing the Seal Beach VOA, AM498 complied with all clearances for heading, speed and altitude given by the AR-1 controller. 12. At approximately 11 :41. 91 F departed Torrance Airport, intending to fly by Visual Flight Rules (VFR) and without the assistance of or communication with the Los Angeles TRACON or any other FAA facility. 91 F was operated by William Kramer THE CONTROLLER/MARCH 1991