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

Case 1:01-cv-02056-JLK

Document 135-3

Filed 02/05/2007

Page 1 of 6

W. JEFFREY EDWARDS - AUGUST 31, 2005
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Consolidated Civil Actions NO. 01-K-2056 UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC., dba ACCESS AIR, an Idaho corporation, Plaintiffs, vs. PILATUS BUSINESS AIRCRAFT, LTD, a Colorado corporation; PILATUS FLUGZEUGWERKE AKTIENGESELLSCHAFT, a Swiss corporation, PILATUS AIRCRAFT, LTD, A Swiss corporation; PRATT & WHITNEY CANADA, INC., a Canadian corporation; and DOES 1 THROUGH 500, Inclusive, Defendants. ----------------------------------------------------DEPOSITION OF W. JEFFREY EDWARDS August 31, 2005 ----------------------------------------------------Deposition location: 1120 Lincoln Street The Chancery Suite Denver, Colorado APPEARANCES: JON A. KODANI, ESQ. Law Offices of Jon A. Kodani 2200 Michigan Avenue Santa Monica, CA 90404 For Plaintiffs. ROBERT B. SCHULTZ, ESQ. Schultz & Associates 9710 West 82nd Avenue Arvada, Colorado 80005 For Defendant, Pilatus. THOMAS J. BYRNE, ESQ. Byrne Kiely & White 1120 Lincoln Street The Chancery Suite Denver, Colorado 80203 For Defendant, Pratt & Whitney Canada ALSO PRESENT: M. Laurel Shaver.

AVERY WOODS REPORTING SERVICE, INC. 303-825-6119
Exhibit I

134fbd80-25cc-11da-b2a4-0001293c0348

Case 1:01-cv-02056-JLK

Document 135-3

Filed 02/05/2007

Page 2 of 6

W. JEFFREY EDWARDS - AUGUST 31, 2005
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support your opinion? A Q No. Item 5, "All documents that support

your opinion that 14 CFR 23.903(e)(3) requires the PC-12 POH to contain 'all techniques and associated limitations' that must be followed so that the engine can be restarted after a pilot initiated IFSD such as that described by Pilot Smith." Can you identify any documents among these that you brought, including the ones you brought in the binders that you believe would be responsive to that request? A Q A PC-12POH. part. THE DEPONENT: ones. Q (BY MR. SCHULTZ) MR. KODANI: which you just gave? Q (BY MR. SCHULTZ) Is Provision 13 another document? Are there any other documents that would support that opinion? Other than Provision 13, Are the two principal Yes. Which ones would those be? It would be the regulation itself. Are the -THE REPORTER: I didn't hear that last The

AVERY WOODS REPORTING SERVICE, INC. 303-825-6119
Exhibit I

134fbd80-25cc-11da-b2a4-0001293c0348

Case 1:01-cv-02056-JLK

Document 135-3

Filed 02/05/2007

Page 3 of 6

W. JEFFREY EDWARDS - AUGUST 31, 2005
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A Q

Right. Item 6: "All documents that support

your opinion that 14 CFR 23.1581 requires the PC-12 POH to reference all 'information that is necessary for safe operation' of an airplane during and after a pilot initiated IFSD such as that described by Pilot Smith." A Q That would be the same as No. 5. No. 7: I requested "all documents that

support your opinion that vibrations, whining noises, and grinding are indications of impending catastrophic engine failure." A Q A I --- that supports that opinion? I didn't bring any documents that The I Could you identify the documents that you brought here today --

support that other than we have reference to some of this -- the BUR reports tend to support that. memos between the two companies support that. turbine engine failures. Q A Q Anything else? Not that I can recall right now. Item 8, I asked for "all documents that

mentioned the search I did on the internet concerning

support your opinion that Pilot Smith's actions were

AVERY WOODS REPORTING SERVICE, INC. 303-825-6119
Exhibit I

134fbd80-25cc-11da-b2a4-0001293c0348

Case 1:01-cv-02056-JLK

Document 135-3

Filed 02/05/2007

Page 4 of 6

W. JEFFREY EDWARDS - AUGUST 31, 2005
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Summary of Aircraft Mishap, which is on page 3. you see that? A Q power." Yes.

Do

And the first sentence that starts on

July 8, 2001, you use the phrase, "lost engine What did you mean by that? A Just what I said there, that the engine I think Mr. Smith

quit or failed to produce power. says that it's overseas. Q the engine? A Q A Q A Q Yes.

Well, just so we have an understanding,

is it your understanding that he actually shut down

And that it had not lost power before As understand it, yes, he was having He elected to shut it down? Yes. And tried to restart it. I'm going to jump down to your

he shut it down? problems with it and he elected to shut it down.

opinions, which is on page 9 of your report. Same document, No. 232. A Q Okay. In Opinion 1 you said that the PC-12 What's

POH does not comply with 14CFR 23.903(e)(3).

AVERY WOODS REPORTING SERVICE, INC. 303-825-6119
Exhibit I

134fbd80-25cc-11da-b2a4-0001293c0348

Case 1:01-cv-02056-JLK

Document 135-3

Filed 02/05/2007

Page 5 of 6

W. JEFFREY EDWARDS - AUGUST 31, 2005
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the basis of that opinion? A As it's explained there in that paragraph, the basis is my background as an investigator and the material I reviewed in this case including the regulation as well as Ortuso and Detmer's depositions, and the POH itself. Q You understand that the POH was approved by the FAA and the FAA determined that it does, in fact, comply with 14CFR 23.903, et cetera, correct? A Well, I don't know what representations that Pilatus made to the FAA regarding conformance with that, so I can't agree with that statement. Q In fact, you have no knowledge of what representations they're required to make because you've never done a POH certification; is that correct? A here. I've never done a POH certification, but I do know other material that's been produced These things don't line up, plus you look at the revisions that they made to correct that in 2004 suggests that even they, themselves, found that their POH was inadequate. Q inadequate? Where does it say that the POH is

AVERY WOODS REPORTING SERVICE, INC. 303-825-6119
Exhibit I

134fbd80-25cc-11da-b2a4-0001293c0348

Case 1:01-cv-02056-JLK

Document 135-3

Filed 02/05/2007

Page 6 of 6

W. JEFFREY EDWARDS - AUGUST 31, 2005
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A Q

Well, why would they change the POH You tell me. You said that they I

with the reference to that service letter? changed it because they found it was inadequate. want to know what the basis for that is. A Ortuso's and Detmer's depositions, they were critical of Smith for fumbling the POH for using the MOR lever, and the POH does not contain any warning in there that you must have a two-minute cool down or that the PCL must be in a certain position prior to using the MOR lever. Q MOR lever? A Q A Yes, I think so. What do you understand the function of It's essentially there to provide a Do you understand the operation of the

the MOR lever to be? backup to a failure of the fuel control or the throttle itself so the pilot can directly schedule fuel rather than have fuel control scheduled. Q correct? A Q Correct. And the reason they call it manual Isn't it true that once you've engaged the MOR -- and MOR stands for manual override,

AVERY WOODS REPORTING SERVICE, INC. 303-825-6119
Exhibit I

134fbd80-25cc-11da-b2a4-0001293c0348