Free Reply to Response to Motion - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 74-2

Filed 12/06/2005

Page 1 of 2

USAU v. PILATUS
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BARRY SCHIFF
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6/22/2005
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Q And did you bring all the items requested? A I did. Q And all those items requested are here in the center of the table; correct? A Yes, sir. Q Thank you. I hand you Exhibit No. 206 which is a copy of your report. (Plaintiffs' Exhibit 206(1-18) was marked for identification.) BY MR. KODANI: Q I'm going to dispense with the admonitions because, clearly, you're an experienced expert witness, and I've observed you in other depositions. A Thank you. Q So with your permission and the permission of your counsel, I'm going to forego the admonition. MR. BYRNE: You can forego the whole thing, if you'd like. MR. KODANI: I'll phrase two words for his testimony, and then we can do that. Q Referring to Exhibit 206, can you identify this document? A This is my disclosure of expert testimony as required by Rule 26 of the Federal Rules of Civil Procedure.

shows how much power was required to maintain altitude, in this case, 17,000 feet, at 110 knots which is close to the max L/D speed, and it yielded a result of 325 shaft horsepower or 27 percent of total power required to maintain altitude. With a little less power, torque of 9 psi, the aircraft would sink between 100 and 200 feet per minute. Q And -- go ahead. A I'm just going down the list. Q Please. A Using 7.8 psi of torque, the airplane had a sink rate of about 2- to 300 feet per minute. And using 3 -- 6.3 to 6.4 psi of torque, the airplane would sink about 400 feet per minute. And the point of zero thrust, I was advised by the pilot checking me out in the airplane was 2.5 psi of torque, and that yielded an 800-foot-perminute sink rate. Q Let's go back to No. 1. Do you recall what the ambient outside temperature was? A Slightly above standard. I didn't note it. Q And what was the weight of the aircraft? A I would say relatively light. As I'm sure you know, the weight of an airplane does not affect

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Q Is there anything you wish to add to this particular report? A No, there's nothing I wish to add other than some flight test results that were obtained yesterday in Denver while flying a PC-12. Q Would you describe what you would like to add to your report. A I have it summarized on a single sheet of paper. There is one in that file, and that's Attorney Schultz's copy. MR. KODANI: Okay. I'm going to have this marked as Exhibit 207. (Plaintiffs' Exhibit 207 was marked for identification.) BY MR. KODANI: Q Looking at Exhibit No. 207, would you identify this document. A Now I have to find it. I am trying to find a single sheet of paper in a stack of papers. The single sheet of paper is entitled Flight Test Results, November 605 Papa Charlie, June 21, 2005, and consists primarily of empirical flight test results obtained during that flight. Q Would you describe those results. A There are five sections. The first one

its glide performance. Q Only if you're above max L/D. A Correct. Q When we were talking about knots, are we talking indicated? A Yes, sir. Q And when you were talking speeds here, you're talking indicated in all of these? A I'm sorry? Q When you're talking about speed here, are all the knots indicated? A Yes, sir. Q And what did you conclude from this flight test? A There wasn't any conclusion other than to obtain flight data. I wanted to see how little power was required to maintain altitude and how far one would extend one's descent profile by using perhaps even less power. Q Anything else? A No, sir. Q I'd like to go back to your report, which is 206. Is there anything else you would like to add to your report?

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PARRISH REPORTING (800) 585-0385
EXHIBIT A-6

4bc61917-dfd1-4e88-b9d0-152b76903e9a

Case 1:01-cv-02056-JLK

Document 74-2

Filed 12/06/2005

Page 2 of 2

USAU v. PILATUS
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BARRY SCHIFF
Page 18
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6/22/2005
Page 20

excessively far from land during several legs of the flight because it could not be glided to land in the event of engine failure." Q What did you base that opinion on, sir? A I think we've just discussed that. First of all, if we look at the distance at which the aircraft was out to sea, it's rather obvious from a glance of the performance of the aircraft that it could not glide to land from its position where the mayday was broadcast to land, period. Q Is there anything else you want to add to that by way of explanation or clarification? A No. I think it speaks for itself. Q Thank you. And I can rely on that; right? A You may. Q Thank you. Okay. Let's read the next one. A "The flight leg between Hakodate and Magadan was planned improperly (over water instead of over land)." Q And what do you base that on, sir? A That's based on 52 years of experience. I don't believe that a single-engine airplane should be flown over water when the pilot has the option of flying it over land. Q And why is that?

MR. KODANI: Well, with respect to the basis of his opinion. MR. BYRNE: This specific No. 2? MR. KODANI: Yeah, exactly. THE WITNESS: No, not really. I think it's basic common sense and the application of safety principles not to fly over the ocean when you can fly over land. BY MR. KODANI: Q And we've talked about that, and you base that on your 50 years of experience in the industry as a flight instructor? A As well as your experience. I think you would probably do the same. Q We'll have a philosophical discussion about that later. By the way, what was the name of that fellow that -- you gave me the name of a fellow that ferried a single-engine aircraft over the ocean. A Bill Cox. Q How do you spell that? A C-o-x. Q And where is he right now? A Long Beach, I believe. Q Maybe what I'll do is ask that you provide

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A Because in the event of an engine failure, one would not have to ditch. One could often make a very safe landing on land or even get to a nearby airport. But the farther out to sea you are, the more you are to committing the aircraft to a ditching which is perilous. Q Is that more perilous in your opinion and experience than, say, a forced landing over land? A I think I would much prefer to make a forced landing over land than to ditch in the ocean, particularly when I don't know exactly what the surface conditions are beneath me. Q Would that also apply to land with 100-foot overcast, hills, rocks? A Well, that depends what the weather was. Q Let's assume a 100-foot ceiling. A No, I would not want to fly down to a 100-foot ceiling. Q Over land or over water? A Either. Q Either. Is there anything else that you'd like to bring up? MR. BYRNE: Well, objection. Form. It's ambiguous. Anything else he wants to bring out with respect to what?

his telephone number to your attorneys. I would like to know what his phone number is. A I will do that. Q Okay. Is there anything else that you want to talk about with respect to that opinion or conclusion regarding flight plan? A Yes. One thing is with respect to a particular difference between ferrying airplanes over water and chartering aircraft for hire, a charter operator, an air taxi operator owes a much higher level of safety, standard of care to the paying passenger than someone allows himself when ferrying aircraft across big oceans in little airplanes. Q Anything else? A No. Q And what's the next opinion? A That I should have turned off my cell phone. MR. KODANI: We can go off the record. Go ahead and take it. (Discussion held off the record.) THE WITNESS: Sorry. BY MR. KODANI: Q No problem, Captain. Okay. What's your next opinion there? A Well, by the way, with respect to the

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PARRISH REPORTING (800) 585-0385
EXHIBIT A-6

4bc61917-dfd1-4e88-b9d0-152b76903e9a