Family Sues After Student Pilot Killed in Kentucky Crash

The wrongful death suit claims the cross-country night flight during a thunderstorm was unnecessary and avoidable.

According to the National Transportation Safety Board (NTSB) preliminary accident report, the aircraft flew through “heavy to extreme precipitation.” [Courtesy: NTSB]

The parents of Connor Quisenberry, the flight student killed last September in an airplane crash in Kentucky, have filed a lawsuit alleging the flight was “unnecessary,” and that the crash was “avoidable” and the result of negligence on the part of his flight instructor.

Both Quisenberry and flight instructor Timothy McKellar Jr., 22, were killed when their Piper PA-28-161 was ripped apart in a thunderstorm during a night flight.

The suit names Eagle Flight Academy, where both Quisenberry and McKellar had done their primary flight training, along with ATP Flight Center, where McKellar earned his instructor certificate. 

The 28-page complaint filed this week by Ransdell Roach & Royse PLLC of Lexington, Kentucky, documented the events that led up to the ill-fated flight on September 27, 2023.

Quisenberry, 18, had been flying with Eagle Flight Academy since April 2022. According to the lawsuit, the majority of Quisenberry's training was done with CFI Ronnie Bunn.

According to McKellar's social media posts in 2020, he also trained at Eagle Flight Academy, and Bunn was also his instructor in October of that year when he did his first solo. 

McKellar completed his training at ATP in Indiana, earning his instructor certificate in May 2023. On his social media pages, McKellar listed himself as an instructor pilot for ATP.

According to the lawsuit, however, "McKellar was employed by ATP for a brief period as a CFI but despite having been trained and certified at ATP Louisville Flight School, he was discharged from employment by ATP due to unsatisfactory performance as a CFI."

The night cross-country flight was the first time Quisenberry flew with McKellar. According to the Quisenberry family, Bunn is colorblind, therefore he could not act as pilot in command (PIC) on a night flight.

The plan was to fly from Owensboro-Daviess County Regional Airport (KOWB) to Bowling Green-Woodhurst Airport (KBWG) in Kentucky.

McKellar documented the night flight through a series of photos and videos, posting to his Snapchat account. The posts began with McKellar on camera, shaking his head with the caption, “me and this student should not get along if he was my full-time student. I’ve seen faster at the Special Olympics.”

The video then flipped around to show Quisenberry, checklist in hand as he performed the preflight inspection of the aircraft in the dark, while McKellar drummed his fingers on the fuselage of the plane.

There were more posts during the flight with McKellar referring to Quisenberry as "Forrest Gump Jr." and "not being the sharpest tool in the shed." These posts went viral and are included in the complaint.

The forecast for the area that night indicated the probability of thunderstorms. According to FlightAware, the aircraft reached Bowling Green and made multiple circuits in the pattern then headed back toward Owensboro.

McKellar posted a Snapchat of the aircraft's flight path and the approaching weather, commenting that thunderstorms were heading toward them "like pissed-off hornets."

NTSB Investigation

According to the National Transportation Safety Board (NTSB) preliminary accident report, the aircraft flew through "heavy to extreme precipitation" shortly after the final Snapchat entry was posted.

McKellar requested an IFR clearance and control gave them a heading to fly. McKellar responded that they were getting "blown around like crazy," and the aircraft was in "extreme turbulence."

The complaint noted that the aircraft appeared to be flying in circles before radio contact was lost.

The next morning the wreckage was found spread out over 25 acres of hilly terrain. The aircraft, per the NTSB, was missing its left wing. The bodies of both men were recovered.

The NTSB investigation is still underway and the agency has not released a final report on the cause of the accident.

Prior Knowledge?

The lawsuit alleges that Eagle Flight Academy and ATP knew about McKellar's deficiencies as an instructor but "did not take adequate remedial actions" to address them.

Following the 2023 crash, FLYING made multiple attempts to reach Eagle Flight Academy and its owner, Wilford Voyles Jr., but calls and emails were not returned. The flight school closed in December 2023. ATP did not respond to FLYING’s request for comment.

The lawsuit asks for a jury trial as the family of Quisenberry are seeking to recover the cost of funeral expenses and other unspecified damages.

In interviews with Spectrum News 1 Kentucky, the Quisensberrys noted that the derogatory social media posts made by McKellar were very much a catalyst in their decision to file the lawsuit.

Meg Godlewski has been an aviation journalist for more than 24 years and a CFI for more than 20 years. If she is not flying or teaching aviation, she is writing about it. Meg is a founding member of the Pilot Proficiency Center at EAA AirVenture and excels at the application of simulation technology to flatten the learning curve. Follow Meg on Twitter @2Lewski.

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