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A settlement has been reached with some survivors and families of deceased passengers from the B-17 crash in 2019 that killed seven people and injured seven others. The Collings Foundation reached a confidential agreement after four years with eight of the ten victims, hoping to bring peace and closure to the affected.
On Oct. 2, 2019 the WWII-era Boeing B-17G, known as Nine-0-Nine, was at the Bradley International Airport (BDL) for the Wings of Freedom Tour, sponsored by the Collings Foundation. The B-17 was conducting a flight with 10 passengers when the pilot radioed controllers to say the plane was returning to the field due to an engine problem. The plane hit approach lights and the ground before reaching the end of the runway and then striking unoccupied vehicles. The majority of the fuselage was consumed in the post-impact fire. The commercial pilot, airline transport pilot and five passengers were killed. The crew chief/flight engineer and four passengers were seriously injured and one passenger and one person on the ground sustained minor injuries.
The NTSB said the landing gear had been extended prematurely, adding drag to a plane that had already lost some engine power. The NTSB airplane performance study found that the B-17 could have overflown the approach lights and landed on the runway if the pilot had kept the landing gear retracted and accelerated to 120 mph. The pilot was the director of maintenance at the Collings Foundation and was responsible for the plane's maintenance while on tour. Investigators found that the partial loss of power in two of the four engines was due to inadequate maintenance by the pilot, also contributing to the accident.
The NTSB found that despite the voluntary safety management system the Collings Foundation has in place, it failed to identify and mitigate numerous risks, including the safety issues related to the maintenance of the plane. The report also noted that the FAA oversight of the Collings Foundation safety management system was also ineffective. The NTSB issued recommendations to the FAA to enhance the safety of revenue passenger-carrying operations conducted under Part 91, which include those operated with a living history flight experience exemption. The report noted that sightseeing tours conducted in former military aircraft operate under less strict safety standards than most commercial operations.
One passenger recounted the experience to NTSB investigators, naming numerous other safety concerns before the crash occurred.
"We were given no real safety briefing before the plane took off," the passenger said. "We were never instructed on: how to fasten or unfasten our seat belts; the locations of emergency exits; how to exit the plane in an emergency; how to open an exit in an emergency; the location and use of fire extinguishers; or that the B-17 operated under a Special Airworthiness Certificate and the significance of that certificate in comparison to the airworthiness certificates issued to commercial airliners."
The Collings Foundation is a nonprofit and in the mid-1980s, activities run by the foundation were broadened to include aviation-related events. At the time of the crash, the foundation operated 10 aircraft, including the B-17G and a B-24. According to Fox 61 Hartford, the FAA revoked the foundation's permission to carry passengers in the aircraft. The NTSB reported that the foundation had operated under the Living History Flight Experience exemption since 1996, which exempted the foundation from operating under FAA requirements. The foundation was required to petition the FAA to extend the LHFE every two years. The FAA was reviewing a petition at the time of the crash, which was sent on Aug. 22, 2019, and on March 25, 2020 the FAA issued a "Rescission of Existing Exemptions and Denial of Petition to Extend Exemption" finding that the foundation was not in compliance with the limitations of the exemption.
"A grant of the exemption is not in the public interest because it would adversely affect the safety of Collings Foundation's US-registered aircraft, the FAA-certificated airmen that would be participating in the operations, the passengers on board the aircraft, and others involved in or affected by the operations," the FAA said.
Survivors of the crash and families of the victims filed a lawsuit against the foundation after the final report was released. Fox reported that the foundation was sued for negligence, recklessness and callous indifference after the plane crashed due to engine problems.
"These allegations are damning - highlighting numerous safety failures that resulted in injury and death," Senator Richard Blumenthal said in a statement to Fox. "These failures - directly contradicting Collings' promises to the FAA and the public - demonstrate the urgent FAA obligation to significantly increase oversight of such organizations. The FAA must commit to ensure more effective supervision to ensure the safety of passengers, crew members, and the public."
Two victims settled in 2021 and the remaining group filed a suit and reached an agreement after mediation. Shipman lawyers Bill Ronalter and Mark Ostrowski released a statement on Sept. 28 concerning the settlement. The terms of the settlement have not been made public.
"After mediation before retired Judge Robert Holzberg of Pullman andamp; Comley LLC, The Collings Foundation, Debra A. Riddell, Craig A. Rubner, Scott Rubner, Joseph M. Roberts, Joseph Huber, Jenny Huber, Thomas Schmidt, Linda Schmidt, and Joan Mazzone announce the resolution of all claims arising out of the tragic crash of the B-17 known as Nine-O-Nine at Bradley International Airport on October 2, 2019," the statement said. "While it is our sincere hope that this resolution brings peace and closure to those affected, The Collings Foundation deeply regrets the injuries and losses suffered by the passengers and their families that day. "