Joint Appendix — United States v. SA Empresa De Viacao Aerea Rio Grandense

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Office Supreme Court, U

F I

Nos. 82-1349 and 82-1350 .ee

In the Supreme Court of the Anited

OCTOBER TERM, 1983

UNITED STATES OF AMERICA, PETITIONE”

v.

S. A. EMPRESA DE VIACAO AEREA RIO GRANDENSE

(VARIG AIRLINES)

UNITED STATES OF AMERICA, PETITIONER

v.

EMMA ROSA MASCHER, ET AL.

UNITED STATES OF AMERICA, PETITIONER

v.

UNITED SCOTTISH INSURANCE CO., ET AL.

ON WRIT OF CERTIORARI TO THE

UNITED STATES COURT OF APPEALS FOR THE

NINTH CIRCUIT

JOINT APPENDIX

PHILLIP D. Bostwick, Esg.

Shaw, Pittman, Potts & Trowbridge

1800 M Street, N.W.

Washington, D.C. 20036

(202) 822-1000

ROBERT R. SMILEY, III, Esa. Rex E. LEE

Smiley, Olson & Gilman Solicitor General

1815 H Street, N.W., Suite 600 Department of Justice

Washington, D.C. 20006 Washington, D.C. 20530

(202) 466-5100 (202) 633-2217

RICHARD F. Gerry, Esq. Counsel for Petitioners

110 Laurel Street

San Diego, California 92101

(819) 238-1811

Counsel for Respondents

a ae aD

PETITIONS FOR WRITS OF CERTIORARI FILED

FEBRUARY 10, 1983

CERTIORARI GRANTED MAY 16, 1983

TABLE OF CONTENTS *

United States of America v. S.A. Empresa De Viacao

Aerea Rio Grandense (Varig Airlines); United States of

America v. Emma Rosa Mascher, et al., Supreme Court

No. 82-1349

Page

1. District court docket entries (Varig and

ED avis belo tan 6osssceees ce ehenaaen’ 1

2. Varig’s First Amended Complaint for Money

PE avetccnes ees ciuustewebssboueeuaer 16

8. Answer of Defendant, United States of Amer-

ica, to Varig’s First Amended Complaint .... 23

4. Complaint of Emma Rosa Mascher, et al. ...... 27

5. Answer of Defendant, United States of Amer-

ica, to Mascher Complaint .................. 39

6. First Amended Complaint of Emma Rosa

Sse sevastiiaesdeced bicnnceavare cs 45

7. Report of French Board of Inquiry ............ 49

Ey a A UD BOUND b ccdcvccsccccscaccss 99

Pe RE BA IIE orev bdceccccvcsenaccvs 101

10. Civil Air Regulation 4b.381(d) (1953) .......... 107

11. NTSB Safety Recommendations A-73-67 thru

Pubic sige ane on 545049 Moemashenenounebeuni 108

12. FAA Response to NTSB Safety Recommenda-

tions A-73-67 through A-73-70 .............. 110

18. FAA Airworthiness Directive 74-08-09 ........ 113

14. FAA Notice of Proposed Rulemaking for Air-

worthiness Directive 74-21-63............... 115

15. Pretrial (excerpts) Deposition of Rudolf

DEED vnc cbdsoecasovecbobnokssdcdsaiens 118

*The opinions of the district court and the court of appeals are printed

in the appendices to the petitions for writs of certiorari and have not

been reproduced. Paragraph 17 of the district court's findings of fact

and conclusions of law (82-1349 Pet. App. 10a) was inadvertently in-

cluded. The district court struck that paragraph from the govern-

ment’s proposed findings of fact and conclusions of law.

(1)

(11)

Page

16. Pretrial (excerpts) Deposition of Richard Nel-

GO cauine cobiosicisteceneveckeeevisbansdae se 128

17. Pretrial (excerpts) Deposition of Rocco Lippis.. 1384

18. Pretrial (excerpts) Deposition of Rolland

es wkscakedpedsccsculivadtouaanes 142

19. Pretrial (excerpts) Deposition of Jack Bulmer .. 142

20. Pretrial (excerpts) Deposition of Harold Tanke. 143

21. Record of Visit to Rio de Janeiro, Brazil of

INS tina sa. cchuce bowers satin Ores i44

22. Affidavit of Frederico Ritter ...... fee rr Pe 149

23. Checklist—“Interior Arrangements,” dated

BN Ti ak aided hac dee kms ae camenas eran 154

24. FAA Type Certificate Number 4A26 .......... 156

25. Varig’s Motion to Strike the Affidavits of Cecile

Hatfield and Melvin Craig Beard............ 157

United States of America v. United Scottish Insurance

Co., et al., Supreme Court No. 82-1350

1. District court docket entries ................05: 161

2. Complaints and Answers in each of the five con-

SED hig. ctnrccodcvesecnessumeuaas 171

3. Findings of fact and conclusions of law, dated

ee ee 205

4. Judgment after trial, entered March 26,1976 ... 212

5. Transcript of hearing, June 10, 1980, pages 3-58. 214

6. Transcript of hearing, September 19, 1980, pages

BEE Cs dhe viv daacaehs aca iveneten teal 250

7. Transcript of original trial: .................46. 275

a. pages 415-451 (Jan. 30, 1975)............ 275

b. pages 883-884 (Feb. 5, 1975) ............ 297

c. page 899 (Feb. 6, 1975) ................. 298

d. pages 908-909 (Feb. 6, 1975) ............ 298

e. pages 912-917 (Feb. 6, 1975) ............ 300

f. pages 1430-1432 (Mar. 13, 1975) ......... 304

g. pages 2460-2474 (Apr. 2, 1975) .......... 306

(III)

Order allowing certiorari No. 82-1349

Order allowing certiorari No. 82-1350

“eee eee enenenne

Relevant Docket Entries

CV76-187-WPG

S.A. Empresa De Viacao Aerea Rio Grandense vs USA

Date

1/16/76

2/3/76

2-9-76

3-8-76

3-11-76

3-19-76

3-25-76

4-2-76

4-23-78

Mar.31

NR.

nm

jmn

jmn

mn

jmr

jmr

lw

mn

mn

nm

Proceedings

Fld Complt. Issd summs.

Fld Req & ORD for serv of process by other

than USM, naming Gary C. Kuist.

Fld pltf Varig Airlines, note of chg of address

of ens.

Fld pltfs Varig Airlings note of tkg depos of

Rudolph Kapustin on 2/11/76 at 9:30AM.

Fld ORD (R for RJK) (WPG) dtd 2-4-76

transfng actn to the calendar of Judge Wil-

liam P. Gray for all fur procdngs. Attnys

notified.

Fld deft’s ANSWER to complaint.

LODGED deft’s proposed ord of transfer of

action.

Fld ORD(WPG) transfering action to USDC

Western District of Washington. Mid cpys

to prties & notfd prties. ce to elk civil.

(ENT 3/19/76)

Mld to USDC, W/D of Washington, ce Ord of

Transf, cc docket and all original docs ex-

cept Ord of Transf which is retained. Attny

notified.

Rec'd from USDC, W/D of Washington, copy

of transmittal letter. Given case no.

C76-232M.

Rec’d from USDC, W/D of Washington, their

file on Case #C76-232M. Fld each of the fol-

lowing documents.

Filed Varig’s notice of depositions of Prater

Hogue, Hall Piper, The BOEING officer

charged with the duty of obtaining a Type

Certificate for BOEING 707 aircraft, The

BOEING officer charged with duty of de-

signing and obtaining certification of lavato-

ries of BOEING 707 aircraft.

Apr.13

Apr. 16

Apr.30

May 5

May 27

Jul 6 10

11

Jul 22 lla

1lb

lle

Jul 27 12

12a

2

Filed Joinder of United States in Boeing’s mo-

tion for appointment of Master an’ Motion of

United States to vacate notice of . eposition

Ent. order continuing on stipulation Deft.

Boeing’s motion to appoint Special Master to

4/30/76. Deft. Boeing & Weber’s motion to

limit terminate or limit deposition of

Rudolph Kapustin denied. Order to be

signed.

Ent. Order, granting Defendant’s Boeing’s mo-

tion for appointment of Special Master. Or-

der to be signed.

Filed Affidavit of Mark A. Dombroff in re-

sponse to: (1) Varig’s opposition to Boeing’s

motion for appointment of a special master:

and (2) Varig’s motion to apply the provi-

sions of the manual for complex and multi-

district litigation to these cases and for an

order setting a first principal pretrial confer-

ence, a schedule for the first waiver of dis-

covery and establishing a document deposi-

tory and statement of reasons in support.

See C76-169M for filing of deposition of Rudolf

Kapustin

Filed letter approved by Court for service of

Special Master at amount of $272.60 to May

31, 1976.

Filed letter approved by Court for service of

Special Master at amount of $942.50 for June

1, 1976 to June 30, 1976.

Govt. motion to dismiss, noticeof hearing Aug. -

13, affidavitof Mark Dombroff and memoran-

dum filed.

Filed Stipulation rescheduling government’s

motion to dismiss for 9/24/76 from 8/13/76

and Varig’s opposition papers to be filed no

later than 9/20/76, at 4:30 P.M. Counsel

notified. ’

Filed Renotice of Motion of U.S. of A. to

11/5/76

”

-

Aug. 2

Aug. 2

Aug. 3

Sep. 10

Sep 10

Sep 20

Sep 23

Oct 4

Oct 4

Oct 8

Oct 15

Oct 19

13

14

15

3

Filed Responses to Varig’s modified Interrogs

by Weber Aircraft Corp. First Set, see

C76-169M for documents

Filed Varig’s interrogs to deft. Boeing (Sec-

ond Set) and answers thereto

Filed Boeing’s responses to Varig’s fourth set

of request for documents -see C 76-169 for

documents

Filed Motion of Weber Aircraft to Compel

Varig Airlines to Produce Documents, and

to Strike Objections; Affidavit of Joseph E.

Gregorich and Memorandum of Points and

Authorities in Support Thereof

Filed Motion of Weber Aircraft to Compel

Varig Airlines to Respond to Interrogato-

ries, and to Strike Objections (Second Set);

Affidavit of Joseph E. Gregorich and Memo-

randum of Points and Authorities in Sup-

port Thereof

Filed Motion of Weber Aircraft to Compel

Varig Aircraft to Compel Varig Airlines to

Respond to Intorrogatories, and to Strike

Objections

(First Set) Affidavit of Joseph E. Gregorich

and Memorandum of Points and Authorities

in Support Thereof.

Filed Varig’s Memorandum of Points nd Au-

thorities in Opposition to Government’s Mo-

tion to Dismiss

Ent. order continuing def’s motion to dismiss

to 9:30 a.m. 10/8/76 Mr. Dombroff to notify

counsel and Clerk has notified Mr. Smith.

Filed United States’ Memorandum in Reply to

Points and Authorities Filed by Varig in

Opposition to Government’s Motion to

Dismiss

Filed Varig’s Rebuttal to United States Mem-

orandum in Reply to Points and Authorities

filed by Varig in Opposition to Govern-

ment’s Motion to Dismiss

Def.’s motion to dismiss continued to 10/15/76

Motion to dismiss continued to 10/19/76

Def.’s motion to dismiss under advisement.

Oct 21

Dec. 8

Dec. 27

1977

Jan. 6

Jan. 14

Jan. 31

Feb. 22

Mar. 9

Mar. 18

4

Filed Order (entered 10/22) denying Plaintiff's

motion for a continuance of defendant’s Mo-

tion for Summary Judgment. Copy to

counsel.

Filed and entered Order Denying Defendant’s

Motion to Dismiss. Copy to counsel.

Filed Varig’s Memorandum of Points and Au-

thorities in Opposition to the United States’

Motion for a Protective Order,

Filed United States of America’s Memoran-

dum in Support of Motion to Vacate and to

Establish a Consolidated Discovery

Schedule

Filed United States of America’s Memoran-

dum in reply to Varig’s Opposition to the

United States Motion for Protective Order

Filed Varig’s Reply Memorandum in Opposi-

tion to the Government’s Motion for a Pro-

tective Order

Filed Varig’s Motion to Vacate Order of Ref-

erence and to Retransfer to the Centra!

District of California

Filed Varig’s Memorandum of Points and Au-

thorities in Support of its Motion to Vacate

Order of Reference and to Retransfer Case

to Central District of California

Filed Affidavit of Phillip D. Bostwick and Ap-

pendix in Support of Varig’s Motion to

Retransfer

Filed Notice of Motion to Vacate Order of

Reference and to Retransfer to the Central

District of California for 3/4/77

Filed United States of America’s Affidavit in

opposition to Varig’s Motion to Vacate Or-

der of Reference and to Retransfer case to

the Central District of California

Filed Affadavit of Jonathan Howe, Regional

Counsel, Northwest Region, Federal Avia-

tion Administration

Filed Reply Memorandum and appendix in

Support of Varig’s Motion to Vacate Order

of reference and to retransfer

1978

Jan. 20

1/23/78 nm

3/27/78 sam

8/11/78 rlb

8/24/78 aj

9-8-78 re

9/11/78 rlb

9-19-78 ke

9-20-78 ke

10/12/78 lb

5

Plaintiff's motions to vacate order of reference

and retransfer under advisement.

Filed Order retransferring case to the Central

District of California and vacating orders of

5/5/76 and 5/19/76 referring case to George

Bovingdon as Special Master. Copy to

counsel.

Fld ce Ord of Transf, cc docket, & ltr of

transf. Attys notified. Md re-opening 33.

Fld deft Weber resp to plitfs req for prod of

documents 2nd set.

34. Fld Varig’s nte of mot, rtnble 9/25/78 at

10am, for consolidation.

35. Fld Varig’s memo of P/As In suppt of mot

to consolidate.

36. Fld USA respnse to Varig’s mtn for

consoldiation.

37. Fld pltfs note of mtn & mtn for order

compelling discovery: retnbl 9-25-78

38. Fld pltf's Memo of P&A in support of mtn

to compel discovery.

39. Fld stip & ORD (1H for WPG) re dsevry.

40. Fld pltf Variz Airlines’ memo & affid in

oppstn to United States’ motn for

consolidation.

41. Fld pltf Varig Airlines’ note of depos of

Donald Swett on 4-17-78, John V__ on

4-19-78, Robert Rotberg on 4-20-78, Victor

Bassotti on 4-24-78, J. Turr on 4-26-78, &

Pat Vaughn on 4-27-78.

42. Fld pltf Varig Airlines’ certif of ens! in

compliance w/Loc Rule 3(L).

43. Fld pltf Varig’s memo of P&A in supp of

mot to strike Kidde’s 4th affirmatv defense.

44. Fld pltf Varig’s note of mot & mot to

strike 4th affirmatv defense retnbl 10/30/78

10AM. ;

45. Fld plitf Varig’s note of mot & mot to

strike deft USA’s lst & 2nd defenses retnbl

10/30/78 10AM.

46. Fld pitf Varig’s memo of P&A in supp of

mot to strike USA's defenses.

10-23-78

10-23-78

10-25-78

10-26-78

11/14/78

12/8/78

12/13/78

12/15/78

6/15/79

ke

ke

ke

ke

lb

Pg

Pg

Pg

6

47. Fld pltf Varig’s note of mot & mot to strike

kidde’s 4th defense or in the for an ord

revising the s/j ord of 1/14/77 w/ affid in

supp.

48. Fld pltf VARIG Airlines’ note of motn &

motn for cont of Kidde’s motn for & affid in

support retble 10-30-78.

49. Fld pltf VARIG Airlines’ affid of Phillip D.

Bostwick in support of motn to strike deft

Kidde’s 4th affirmative defense.

50. Fld plt VARIG Airlines’ memo of P/A’s in

support of VARIG’s motn for cont Kidde’s

motn for S/J.

51 Fld deft’s memo of P/A’s in oppstn to

Varig’s Motn to strike affirmative def &

entr-motn of U.S. to dism.

52. Fld deft USA’s supple brief & response to

pltf passengers’ brief in support Varig’s

motn to strike affirmative defenses of the

U.S.

53. Fld deft Weber Aircraft’s memo of P/A’s in

response to Varig’s motn for contc Kidde’s

motn for S/J.

54. Fld deft USA’s motn in oppstn to Varig’s

ex parte reqst to cont retnble 10-30-78.

55. Fld deft’s note of entrmot & cntrmot to

dism retnb] 12/11/75 2 PM.

56. Fld deft’s aff of Cecile Hatfield.

57. Fld defts reply to Varig’s response to US

mot to dism.

58. MIN ORD: Hrg on OTC to set aside S/J:

Crt ORD discharged—OSC & reaffirm the

S/J. deft Boeing shall submt memo re cert.

for interlocutory apeal by 1/14/78. Re Mot to

dism by deft GNRTD pltfs mot to strk gvmts

affirmative defense is DEN.

jmw 59. Fld pltf Varig’s note of tkg DEPOs of:

Chief of Aircraft Engineering Div FAA

West Region, 6-25-79/9:30 am; FAA employ-

ee responsible for review’g docs re Boeing

707, 6-26-79/9:30 am; unknown indiv (see

6-5-79

7/6/79

7-15-79

7-18-79

7-26-79

7-27-79

8-12-79

8-20-79

8-12-79

8-10-79

jmw

jmw

gll

jmw

gil

gil

gil

gil

lf

if

7

note), 6-28-79 at 9:30 am; unkn indiv(see

note), 7-9-79/9:30 am; unkn indiv (see notc)

7-10-79/9:30am; unkn indiv(see notc)

7-12-79/9:30am; unkn indiv(see notc)

7-13-79/9:30am.

60. Fld plitf Varig’s renote of motn for ORD

empelg dise fr U.S.A. (orig fld w/Crt 9-8-78)

for retnbl 6-11-79/10am.

61. Fld pitf Varig’s A/Note of DEPO of Custod

Boeing rerds, 6-22-79/9:30am

62. Fld pitf's cert of ens! in empliance w/loc rul

3(L).

63. Fld defi, Weber Aircraft Corp, reply memo

fr motn fr S/J; affid of Joseph E. Gregorich.

64. MIN ORD: PROCDGS: ORD tha deft We-

ber’s mot S/J stand sbmt’d; ORD GRNTG

pltf Varig’s mot to compel as to req 17 & 19.

LODGED prop ord re pitf's motn to compel

discov.

65. Fld ORD (WPG) granting Varig’s motn to

compel prod of docs; USA to prod docs by

7-18-79; USA to provide list of names & ad-

dresses re note of depos: thereafter Varig sh

be prmtd to depose 7 prsns.

66. Fld stip & ORD (WPG) cont motn fr S/J to

6 -18-79, 2pm; fur stip that motn of Varig to

compel discov agnst USA cont to 6-18-79 2

p.m,

67. Fld pltfs’ subst of attys & ORD (WPG)

subst Joseph T. Cook of Speiser, Krause &

Madole.

68. Fld plts note of tkg depos of Richard Nel-

son on 8-21-79 & Rocco Lippis on 8-28-79.

69. Fld plt’s note of motn & motn for ord

settng discov cut-off date, final PTC & trial

retnbl 8-27-79, 2PM

70. Fld pitf's memo of P&A in supp of motn for

ord setting discov cut-off date, final PTC &

trial

71. Fld pitf's note of motn & motn for sanctns

for gov’ts failure to comply w/dis ord

8-22-79

8-27-79

9-14-79

9-14-79

11-6-79

11-13-79

11-23-79

11-29-79

12/17/79

12/17/79

2-5-80

lf

If

lp

If

8

72. Fld plit’s memo of P&A in supp of motn for

sanctns for gov’ts failure to comp w/discov

ord

73. Fld pltf's memo of P&A in supp of motn for

lv to tk depos of Boeing Employees

74, Fld pitf's note of motn & motn for lv to tkg

depos of Boeing Employees

75. Fld pltf supp] memo on the 9th circuit’s sas

opinion

76. Fld pitf's aff of Phillip D. Bostwick in oppos

to Boeing’s motn to quash or modify Varig’s

subp & in supp of Varig’s motn to lv to tk

depos of Boeing

77. MIN ORD: motn for S/J fr Kidde is denied;

depos of USA to be tkn; motn for sanctns

tkn off cal

78. Fld deft’s gov’t memo in oppos to Varig’s

motn for ert-approvd discov sch & discov

cut-off date

79. Fid pltfs oppos to discov sch & discov

cut-off

80. Fld pltf's renote of depos of Richard Nelson

on 11-13-79

81. Fld pitf's renote of depos

LODGED pltfs prop ord re depos

82. Fld ORD re depostns; depos of Richard

Nelson & Rocco Lippis shall not go for ensl

for Mascher shall mk himself availbl in De-

cember for 7 depos: govt mk availbl list of 7

wits; depos complete by 12-31-79

83. Fld plt’s Varig’s amd renote of depos of

Richard Nelson on 12-4-79, Rocco Lippis on

12-10-79, Jack Bulmer on 12-11-79, Harold

Tanke on 12-12-79 & William Van Brockdorff

on 12-13-79. Issd 3

Fld DEPOSITION of John F. Turner takn on

12/17/79, Vol. I.

Fld DEPOSITION of Patrick Vaughn takn on

4/27/79, Vol. I.

84 Fld pltfs renote of depos of Richard Nelson

on 2-8-80

2-8-80

5-15-80

5-20-80

5-20-80

5-23-80

6-26-80

7-2-80

7-7-80

7-10-80

12-11-80

11-11-80

sb

kt

kt

sb

9

85 Fld pltf's amd renote of depos of Richard

Nelson on 2-20-80

Fld DEPOSITION of Harold Frederick Tanke

tkn on 12-12-79

Fld DEPOSITION of Jack K. Bulmer tkn on

12-11-79, Vol. I

Fld DEPOSITION of Jack K. Bulmer tkn on

12-12-79, Vol. II

LODGED pltfs prop ord

86. Fld pltf's renot of motn for sanctns for fail-

ure of the US to comply w/ert’s discov ord

etc RTNBLE 7-7-80 10AM

87 Fld plitfs renote of depos of Wes Slifer on

7-9-80; an employee of the boeing on 7-10-80

88 Fld deft’s memo in oppo to pitf Varig’s motn

for sanctns & for lv to file a lst amended

complt

89. Fld plitfs renot of depo of Wes Slifer on

7-9-80 & Raleigh Curtis on 7-10-80

90. Fld pitf's reply memo in supprt of its mot &

for lv to file a lst A/C

91 MIN ORD: ert ORDS depos of Mr. Curtis to

be tkn, pltfs mtn to amd GRANTD; govt

mtn to dism rtnbl 11-24-80, 10AM; govt may

file suppl papers, pitf respons due 11-7-80,

govt reply due 11-17-80

92. Fid pltf's FIRST AMENDED

COMPLAINT

LODGED prop ord

93 Fld ORD that Varig’s mtn for sanctns is

denied; Varig’s mtn for lv to file lst A/C

grantd; mtn for lv to tk the depos of Mr.

Raleigh Curtis GRANTD: US mtn for S/J

due 9-30-80; oppos due 11-7-80 & reply brief

due 11-17-80; rtnbl 11-24-80 2PM

Fld DEPOSITION of Rocco Louis Lippis tkn

on 12-11-79

Fld DEPOSITION of Rocca Louis Lippis tkn

on 12-10-79

11-20-80

11-20-80

12/1/80

12-12-80

12-11-80

12-2-80

12-29-80

12-6-80

12-8-80

12-2-80

If

If

rlb

rlb

md

md

md

md

md

md

10

94 Fld pltfs note of tkg depos of Wes Slifer on

9-3-80; Raleigh Curtis on 9-4-80, The FAA

Official on 9-15-80 & Craig Beard on 9-16-80

95Fld defts USA ANSWER TO FIRST

AMENDED COMPLAINT

96. Fld Varig’s amnd ntc of tkng depos of

various deponents on various dts.

97. Fld stip & ORD that US file mot for S/J on

or bf 10/31/80; opp on or bf 11/30/80 reply on

or bf 12/8/80; Hrg on mot 12/15/80, 2 pm.

98. Fla pltf Varig’s amded note of tkng depos

of M. Craig Beard, FAA on 10-21-80 and

Wes Slifer, FAA aero. engr on 10-22-80

99. Fld deft note of mot, retnbl 12-15-80, 2:00

pm.

100. Fld def. material facts as to which there is

no gen iss

LODGED deft prop findings of fact & concls of

law

LODGED deft prop ord for entry of S/J in fa-

vor of deft & against pltfs Varig & Mascher,

et al.

101. Fld pitf Varig Airlines note of fig depos of

Rocco Lippis, tkn 12-10 & 11-79; Jack

Bulmer, tkn 12-11 &12-79; & Harold Tanke,

tkn 12-12-79

Fld DEPOSITION of Rolland C. Curtiss tkn

10-10-80,

102. Fld pltfs’ Stip & ORD entg deft United

States’ mot for S/J & pltf's mot for lve to

amd cmplt to 1-26-81, 2:00 pm. Resp by

Varig & Mascher to U.S. mot for S/J due on

or bef 12-17-80 & reply by deft due on or bef

1-7-81

LODGED pltfs’ prop ord

103. Fld Varig’s memo of P&A in oppo to the

deft US's mot for S/J.

104. Fld Varig’s appendix in oppo to US’s mot

for S/J. (exhs)

105. Fld Varig’s stmt of gen iss of material

fact.

12-14-80

1-6-81

1-20-81

1-6-81

1-26-81

2-4-81

3-6-81

3/29/81

5-6-81

7/24/81

md

md

md

md

md

md

md

sb

am

1]

106. Fld pitf note of fig depo of Rolland C.

Curtis on 11-26-80.

107. Fld deft’s reply memo to pltf Varig’s

memo in oppo to U.S. mot for S/J.

108. Fld pitf Varig Airlines mot to strike affs

of Cecile Hatfield & Melvin Craig Beard.

109. Fld pitf Varig’s memo of P&A in sppt of

mot to strike affs

110. Fld pitf Varig’s notc of mot to strike affs,

rtnbl 2-17-81, 10 am

111. Fld pitf Varig’s memo of P&A in rebuttal

to US mot for S/J.

Fld DEPOSITION of Weston B. Slifer tkn

10-22-80

Fld DEPOSITION of Weston B. Slifer tkn

10-23-80.

112. MIN ORD: Crt hrs oral arg & grts deft’s

mot for S/J. Pitf may fi objs to s___ prop

fndgs at which ti ert will fi jdgmt & fndgs.

113. Fld pitf Varig Airlines note of flg depo of

Melvin Craig Brd, tkn 10-21-80 & Weston

B. Slifer, tkn 10-22-23, 1980

114. Fld Fndgs of Fact & Concls of Law

(WPG) tht S/J will be grtd in fav of deft

United States. (ENT 3-9-81) Mid cpys &

notcs to prtys.

115. Fld ORD (WPG) tht jdgmt be ent in fav

of deft United States & agnst pltfs Varig

and Mascher, et al. (78-0914-WPG) (ENT

3-9-81) Mid cpys & notes to prtys.

116.Fld plft NOTC OF APPEAL to the 9th

Cir. C/A fr ORD ent on 3/9/81; $70.00 Clk’s

fee & docket fee paid.

117. Fld pitf's designation Rpt trans

Fld rptr’s transcrs. of proceedings held on

12/15/78, 6/18/79, 8/27/79, 7/7/80, 1/26/81.

1/9/78

1/13/78

4/18/78

4/28/78

5/22/78

5/24/78

5-15-78

6-21-78

9/25/78

10-20-78

10/23/78

10/25/78

10/26/78

12

EMMA ROSA MASCHER, ET. AL

sam

rlb

rlb

rlb

rib

rlb

1. Fld complt. Issd summs.

2. Fld app & ORD that Charles F. Krause be

allowed to apear as non resident atty &

naming Ted Orliss as local ensl.

3. Fld app & ORD that Donald W. Madole be

allowed to appear as non resident atty &

naming Ted Orliss as local ens].

4. Fld app & ORD that Robert R. Smiley III

be allowed to appear as non resident atty &

naming Ted Orliss as loca! cnsl.

5. Fld summs rtnd srvd 3/17/78.

6. Fid ORD (R) (WPG) dtd 4/28/78, transfg the

actn to the cal of Judge Gray for all fur

predgs. Attys notified.

7. Fld deft’s ANSWER to COMPLAINT.

8. Fld USA’s Nte of Mtn & Mtn rtble 9/25/78,

10am for consolidtn.

9. Fid pltfs stmt in supp of mot by USA to

consolidate

10. Fld plitfs note of tk depos of various depo-

nents, various dates

11. MIN ORD: ORD mot plitf to compl dsevry

go off cal; Hrg mot pif for lv to amnd & con-

sol & Ord Grtng mot to amnd cmp & mot to

consolidate as to CV75-2325 & 6-187 a to hrg

of legal mots only

12. Fld pitf's memo of P&A

13. Fld pitf's memo of P&A

14. Fld plitf aff of Robert R. Smiley III

15. Fld plitf stmt of the case

16. Fld US’s memo of P/As in opp to Varig’s

mot to strk affrm defenses & counter mot to

dsm.

17. Fld US’ suppl brief & ‘rsp to pitf Passen-

gers’ brief in suppt of Varig’s mot to strk

affrm defense of US.

18. Fld rsp of pitfs Mascher et al’s to opp of

deft US to Varig mot to dsm & centr mot of

US to dsm.

1/14/78

1/20/78

2/8/78

2/15/78

7/20/79

7/10/79

9-14-79

7-14-80

8/21/80

rib

rlb

rib

rlb

rib

rlb

yd

dg

sb

kt

Tz

13

19. USA mot In opp to Varig’s ex parte rqst to

cont.

20. Fld USA’sntc of countermot & countermot

to dsm.

21. Fld plfs’ supp! brief in opp to Mot by deft

for S/J.

22. Fld affd Hatfield & memo in opp to Varig’s

mot for ord compelling dsevry.

23. MI N ORD: OSC to set aside S/J: ORD

OSC dischrged & S/J reaffirmed; deft Boeing

to sub memo re cert for interloc appeal by

1/14/79: defts mot to dsm s Denied & plifs

mot to strk is Denied, fing Of S/J after

dsevry will be allowed.

24. Fld sub & ORD sub Joseph T. Cook in

place & stead of Theodore Orliss.

25. Fld plfs’ cross nte of tkng depos of Richard

Nelson on 8/21/79 & Rocco Lippis on 8/28/79.

26. Fid pltfs opp to discov schedule & discov

cut-off

Fld DEPOSITION of Richard W. Nelson on

8-22-79

Fld Contd DEPOSITION of Richard W. Nel-

son of 8-21-79

Fld DEPOSITION of Richard W. Nelson tkn

on 2-26-80

Fld pltfs’ memo of law in spprt of mot by pltf

Varig to file an A/C & for sanctions against

deft U.S.

Fld pltfs’ stmt in spprt of mot by pltf Varig for

sanctions for lv to file an A/C & for 1v for

discovery from the Boeing Co.

Fid pitfs’ aff of Joseph T. Cook & attached

exhs

Fld pltfs Mascher et al’s note of depos of Wes

Slifer on 9/3/80; of Raleigh Curtis on 9/4/80;

FAA Official in charge of or responsib! fr

issuing Airworthiness Directives on the 707

aircraft & othrs during the year preceding

the Varig crash or his successor on 9/15/80;

of M. Craig Beard on 9/16/80

10/21/80

10-31-80

11/6/80

11/20/80

12/3/80

12/17/80

12/19/80

1/7/81

1/14/81

1/22/81

2/4/81

2-6-81

sb

Pz

kt

rlb

rlb

rlb

rlb

rib

rlb

rlb

rlb

lp

md

14

Fld DEPOSITION of Richard W. Nelson tkn

on 2-20-80

Fid DEPOSITION of Richard W. Nelson tkn

on 12-4-79

Fid DEPOSITION of Richard W. Nelsun tkn

on 12-5-79

Fid AUSA, U.S. memo in opp to pltfs

Mascher, et al mot to amd complt

Fid pltfs’ nte of mot, rtnbl 11-24-80, 10am

Fld pitfs’ mot to A/C

LODGED plitf's prop A/C

Fld response of plfs’ to memo of US in opp to

mot to amnd cmplt.

Fid stip & ORD ecntg mot to amnd complt to

12/15/80, 2pm.

Fld stip for cont of USA’s mot for S/J & for plf

Maschers’ mot for lv to amnd & ORD there-

on cntg mots to 1/26/81, 2pm.

Fld plfs’ memo of law.

affd Cook.

39. Fld US’ nte of mot, rtnble 1/26/81, 2pm to

strike.

40. Fld US’ memo in suppt its’ mot to strike.

41. Fld US’ reply memo to plfs’ opp to US’ mot

for S/J.

42. Fld US’s mot to strike portions of affd of

Cook III.

Fld DEPOSITIONS of Melvin Graig Beard,

tkn 10/21/80.

Fld DEPOSITION of Weston B. Slifer, tkn

10/22/80

Fld DEPOSITION of Weston B. Slifer, tkn

10/23/80

43. Fld pitf note of filing the takng depositn of

Melvin Craig Beard takng on 10/21/80.

44. Fld Findings of Fact & concls of law (WPG)

tht S/J will be ent in fav of deft United

States of America. (ENT 3-9-81) Mid cpys &

notes to prtys.

45. Fld ORD (WPG) for entry of S/J in fav of

deft, United States of America and agnst

15

pltfs Varig and Mascher, et al. (ENT 3-9-81)

Mild cpys & notes to prtys.

4/23/81 Ip 46. MIN ORD: (Nune Pro Tunc—1/26/81).

ORD that pltfs’ mot to amend the compInt is

Granted.

5-8-81 lw 47. Fid pltfs’ NOTC OF APPEAL to 9th Cir

frm Ord ent 3-9-81

16

PHILLIP D. BOSTWICK, ESQUIRE

SHAW, PITTMAN, POTTS & TROWBRIDGE

18 M Strect, N.W.

Washington, D.C. 20036

(202) 311-4100

and

DANIEL N. BELIN, ESQUIRE

McKENNA & FITTING

3435 Wilshire Boulevard

Los Angeles, California 90010

Attorneys for Plaintiff

VARIG Airlines

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Civil Action No.

CV 76-0187-WPG

S.A. EMPRESA DE VIACAO AEREA RIO GRANDENSE

(VARIG AIRLINES), PLAINTIFF,

Vv.

THE UNITED STATES OF AMERICA, DEFENDANT

FIRST AMENDED COMPLAINT

FOR MONEY DAMAGES

COUNT I

1. Plaintiff, S.A. EMPRESA DE \!ACAO AEREA RIO

GRANDENS (VARIG AIRLINES) (hereinafter “VA-

RIG”) is a corporation incorporated under the laws of the

Republic of the United States of Brazil, having its principal

place of business in Rio de Janerio, Brazil. As Brazil’s in-

ternational “flag” airline, VARIG flies its passenger-

carrying aircraft into and out of the International Airport

at Los Angeles, California, where it maintains offices and

does business.

2. Plaintiff's claim against defendant UNITED STATES

OF AMERICA (hereinafter “UNITED STATES”) arises

17

under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b),

2671 et seq., as hereinafter more fully appears.

3. At all times mentioned herein the United States Fed-

eral Aviation Administration or its predecessor the Civil

Aeronautics Authority (hereinafter collectively referred to

as the FAA”) was an agency of defendant UNITED

STATES charged by law with the duty of promoting safety

of flight of civil aircraft in air commerce by prescribing such

minimum standards governing the design and performance

of aircraft as may be required in the interests of safety. In

furtherance of that duty the FAA was at all times men-

tioned herein empowered by law to issue type certificates

for passenger-carrying aircraft such as the BOEING Model

707 jet transport (hereinafter “BOEING Model 707 type

aircraft”) and upon application for such a certificate by air-

craft manufacturers such as THE BOEING COMPANY

(hereinafter “BOEING”) the FAA was charged by law with

the duty of reviewing the applicant’s designs, drawings,

tests, analyses, and aircraft and its component parts for the

purpose of ascertaining whether the applicant’s aircraft

complied with the applicable Civil Air Regulations and/or

Federal Aviation Regulations (hereinafter collectively re-

fered to as “FARs’”) and other star lards governing the de-

sign and performance of aircraft prescribed by the FAA;

and with the further duty of making, or requiring the appli-

cant to make, such tests during manufacture and upon com-

pletion of the aircraft as the FAA deemed reasonably nec-

essary in the interests of safety, including flight tests and

tests of any part of such aircraft.

4. At all times herein mentioned the FAA acted by and

through its officers, agents and employees, who were at all

times mentioned herein acting under color of their office,

within the scope and course of their employment, and on

behalf of a federal agency in an official capacity as employ-

ees of defendant UNITED STATES.

5. Prior to July 11, 1973, BOEING and WALTER

KIDDE & COMPANY, INC. (hereinafter “KIDDE”) de-

signed, tested, manufactured and sold a BOEING

707-320-C passenger-carrying transport jet aircraft, serial

number 19841; and prior to said date, plaintiff VARIG pur-

18

chased said aircraft from Seaboard World Airlines, Inc. and

operated it as Registration No, PP-VJZ (hereinafter said

aircraft is referred to as “PP-VJZ”"),

6. Prior to July 11, 1973, BOEING made application to

the FAA's Western Region in Los Angeles, California, for

a type certificate for the BOEING Model 707 type aircraft,

which certificate was issued by the FAA’s Western Region

prior to said date.

7. Prior to July 11, 1973, in California and elsewhere in

the United States, the defendant UNITED STATES,

through its agency the FAA, negligently and carelessly is-

sued a type certificate for the BOEING Model 707 type air-

craft, which aircraft the FAA knew or should have known

did not comply with the FARs and other minimum stand-

ards governing the design and performance of passenger-

carrying aircraft, and which aircraft the FAA knew or

should have known had defects and dangers in its design

and manufacture; negligently and carelessly failed to re-

view and inspect BOEING’s and KIDDE’s designs, draw-

ings, tests, analyses, and aircraft and its components for

the purpose of ascertaining whether the Model 707 type ai»

craft complied with the applicable FARs and aforemen-

tioned minimum standards governing the design and per-

formance of passenger-carrying aircraft; negligently and

carelessly failed to make, or failed to require BOEING and

KIDDE to make, such tests during the manufacture and

upon completion of the BOEING Model 707 type aircraft,

including PP-VJZ, as were necessary in the interests of

safety; negligently and carelessly failed to require

BOEING and KIDDE to modify or alter the design and

manufacture of the BOEING Model 707 type aircraft, in-

cluding PP-VJZ, prior to July 11, 1973, when it knew or

reasonably should have known that said aircraft was defec-

tive, dangerous and not in compliance with the FARs and

aforementioned minimum standards, governing the design

and performance of passenger-carrying aircraft; and negli-

gently and carelessly failed to notify and/or warn operators

and users of BOEING Model 707 type aircraft, including

VARIG, prior to July 11, 1978, through the issuance of

19

Airworthiness Directives (“hereinafter “ADs”), or other-

wise of the defects and dangers in said aircraft, including

PP-VJZ, of which defects and dangers the FAA knew or

should have known.

8. As a proximate result of the negligence of the defend-

ant UNITED STATES as alleged, on July 11, 1973, PP-

VJZ crash-landed near Paris, France following an in-flight

fire in the aircraft which became uncontrollable.

9. As a proximate result of this negligence PP-VJZ was

totally destroyed, all to the plaintiff's damage in the sum of

SIX MILLION DOLLARS ($6,000,000.00).

WHEREOF, VARIG prays judgment as hereinafter set

forth.

COUNT II

10. VARIG repeats and realleges each and every allega-

tion contained in paragraphs 1, 2, 4, 5 and 6 of Count I of

the First Amended Complaint, as if set forth in full herein,

11. At all times herein mentioned the UNITED STATES

undertook to certify civil aircraft in air commerce, including

the BOEING Model 707 type aircraft, as airworthy and in

compliance with the applicable FARs and such minimum

standards governing the design, manufacture and perform-

ance of aircraft as were required in the interests of safety.

In furtherance of that undertaking the UNITED STATES,

through its agency the FAA and its employees and desig-

nated representatives, issued Type Certificates and Cer-

tificates of Airworthiness to aircraft designers and

manufacturers including BOEING, for civil aircraft in air

commerce, including the BOEING Model 707 type aircraft

and PP-VJZ, upon application for such certificates by man-

ufacturers, including BOEING, Following such application

the FAA, its employees and designated representatives,

undertook to review and inspect the applicant’s designs,

drawings, tests, analyses and aircraft, including its compo-

nent parts, for compliance with applicable FARs and the

aforesaid minimum standards. In addition, the FAA, its

employees and designated representatives undertook to re-

quire the applicants, including BOEING, to make such

tests, including flight tests, of passenger-carrying aircraft,

20

including the BOEING 707 type aircraft, as were required

in the interests of safety and to show compliance with the

applicable FARs and the aforesaid minimum standards.

The FAA further undertook to review the in-service oper-

ating and safety experience of aircraft which had been is-

sued the aforesaid certificates, including the BOEING

Mode! 707 type aircraft, after their delivery to operators,

including VARIG, for the purpose of discovering said dan-

gers and defects; to determine the continuing safety and

airworthiness of such aircraft; and to warn all operators of

such aircraft of all such dangers and defects and of the

means or methods of correcting or minimizing them. In fur-

therance of that undertaking the FAA issued ADs and

other communications to operators of such aircraft during

the operating life of the aircraft.

12. Prior to July 11, 1973, operators and users of

BOEING Model 707 type aircraft, including VARIG, rea-

sonably relied on the FAA’s various undertakings de-

scribed above, including but not limited to the issuance of

type certificates, certificates of airworthiness and ADs for

the BOEING Model 707 type aircraft, including PP-VJZ,

and the FAA was aware of such reliance.

13. Prior to July 11, 1973, in California and elsewhere in

the UNITED STATES, the defendant UNITED STATES,

through its agency the FAA, negligently and carelessly is-

sued a type certificate for the BOEING Model 707 type air-

craft, which aircraft the FAA knew or should have known

did not comply with the applicable FARs and other mini-

mum standards governing the design and performance of

passenger-carrying aircraft, and which aircraft the FAA

knew or should have known had defects and dangers in its

design and manufacture; negligently and carelessly failed to

review and inspect BOEING’s and KIDDE’s designs, draw-

ings, tests, analyses, and aircraft and its components for

the purpose of ascertaining whether the BOEING Model

707 type aircraft complied with the applicable FARs and

the aforementioned minimum standards governing the de-

sign and performance of passenger-carrying aircraft; negli-

gently and carelessly failed to make, or failed to require

BOEING and KIDDE to make, such tests during the man-

21

ufacture and upon completion of the BOEING Model 707

type aircraft, including PP-VJZ, as were necessary in the

interests of safety; negligently and carelessly failed to re-

quire BOEING and KIDDE to modify or alter the design

and manufacture of the BOEING Model 707 type aircraft,

incl ding PP-VJZ, prior to July 11, 1973, when it knew or

reasonably should have known that said aircraft was defec-

tive, dangerous and not in compliance with the applicable

FARs and aforementioned minimum standards, governing

the design and performance of passenger-carrying aircraft;

and negligently and carelessly failed to notify and/or warn

operators and users of BOEING Model 707 type aircraft,

including VARIG, prior to July 11, 1973, through the issu-

ance of ADs or otherwise of the defects and dangers in said

aircraft, including PP-VJZ, of which defects and dangers

the FAA knew or should have known.

14. As a proximate result of the negligence of the defend-

ant UNITED STATES as alleged, the risk of harm to users

and operators of BOEING Model 707 type aircraft, includ-

ing VARIG, was increased.

15. As a proximate result of the negligence of the defend-

ant UNITED STATES as alleged, on July 11, 1973, PP-

VJZ crash-landed near Paris, France, following an in-flight

fire in the aircraft which became uncontrollable.

16. As a proximate result of defendant UNITED

STATES’ negligence as alleged, PP-VJZ was totally de-

stroyed, all to plaintiff's damage in the sum of SIX MIL-

LION DOLLARS ($6,000,000.00).

WHEREOF, VARIG demands judgment against the

UNITED STATES in the sum of SIX MILLION DOL-

LARS ($6,000,000.00), for interest, for the costs of this ac-

tion, and for all other proper relief.

22

Dated:

SHAW, PITTMAN, Potts & TROWBRIDGE

1800 M Street, N.W.

Washington, D.C. 20036

Telephone: (202) 331-4100

TOF ccm's

PHILLIP D. BOSTWICK

J. THOMAS LENHART

PHILIP J. HARVEY

AND

MCKENNA & FITTING

3435 Wilshire Boulevard

Los Angeles, California 90010

Telephone: (212) 384-3600

By: ee

DANIEL N. BELIN

G. HOWDEN FRASER

Attorneys for Plaintiff

VARIG AIRLINES

ANDREA SHERIDAN ORDIN

United States Attorney

312 North Spring Street

Los Angeles, CA 90012

GARY W. ALLEN, EsqQ.

Assistant Director

Torts Branch, Civil Division

CECILE HATFIELD, Esq.

Trials Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 14271

Washington, D.C. 20044

Attorneys for Defendant

United States of America

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Civil Action No.

CV 76-0187-WPG

S. A. EMPRESA DE VIACAO AEREA RIO GRANDENSE

(VARIG AIRLINES), PLAINTIFF,

Vv.

THE UNITED STATES OF AMERICA, DEFENDANT

ANSWER OF DEFENDANT, UNITED STATES OF

AMERICA TO FIRST AMENDED COMPLAINT FOR

MONEY DAMAGES

Defendant, United States of America, by its attorneys,

ANDREA SHERIDAN ORDIN, United States Attorney

for the Central District of California, and CECILE

HATFIELD, Trial Attorney, United States Department of

Justice, Washington, D.C., in answer to the Complaint for

Money Damages as filed herein states as follows:

COUNT I

1. The United States of America is without sufficient

knowledge and information to form an opinion as to the

24

truth of the allegations contained in Paragraph 1 of the

Complaint, but for the purposes of this Answer, they are

denied.

2. The allegations contained in Paragraph 2 of the Com-

plaint present questions of law which are respectfully re-

ferred to this Honorable Court for determination.

3. The allegations contained in Paragraph 3 of the Com-

plaint present questions of law which are respectfully re-

ferred to this Honorable Court for determination.

4, The United States of America is without sufficient

knowledge and information to form an opinion as to the

truth of the allegations contained in Paragraph 4 of the

Complaint, but for the purpose of this Answer, they are

denied.

5. The United States of America is without sufficient

knowledge and information to form an opinion as to the

truth of the allegations contained in Paragraph 5 of the

Complaint, but for the purpose of this Answer, they are

denied.

6. The United States of America admits the allegations

contained in Paragraph 6 of the Complaint.

7. The United States of America denies each and every

allegation contained in Paragraph 7 of the Complaint.

8. The United States of America denies each and every

allegation contained in Paragraph 8 of the Complaint.

9. The United States of America denies each and every

allegation contained in Paragraph 9 of the Complaint.

COUNT II

10. The United States of America repeats and reaffirms

each and every answer to Paragraphs 1, 2, 3, 4, 5, 6, 7, 8

and 9 of Count I of the First Amended Complaint, as if set

forth in full herein.

11. The United States of America denies each and every

allegation contained in Paragraph 11 of the Complaint.

12. The United States of America denies each and every

allegation contained in Paragraph 12 of the Complaint.

13. The United States of America denies each and every

allegation contained in Paragraph 13 of the Complaint.

25

14. The United States of America denies each and every

allegation contained in Paragraph 14 of the Complaint.

15. The United States of America denies each and every

allegation contained in Paragraph 15 of the Complaint.

16. The United States of America denies each and every

allegation contained in Paragraph 16 of the Complaint.

AFFIRMATIVE DEFENSES

FIRST DEFENSE

17. The Complaint fails to state a cause of action.

SECOND DEFENSE

18. This Honorable Court lacks jurisdiction pursuant to

the provisions of 28 U.S.C. Section 2680(a), (h) and (k).

THIRD DEFENSE

19. No negligent or wrongful act of any agent and/or em-

ployee of the United States of America acting within the

scope of his employment in any way caused or contributed

to the happening of the subject accident.

FOURTH DEFENSE

20. The injury suffered herein by the Plaintiff was due to

the negligence of the Plaintiff herein acting by and through

its agents and/or employees,

WHEREFORE, Defendant, United States of America,

demands dismissal of the Complaint herein and for such

other, further and different relief which to the Court may

be just and proper.

Respectfully submitted,

ALICE DANIEL

Assistant Attorney General

Civil Division

ANDREA SHERIDAN ORDIN

United States Attorney

JAMES STOTTER, II

Assistant United States Attorney

GARY W. ALLEN

Assistant Director

Torts Branch, Civil Division

26

By: /s/

CECILE HATFIELD

Trial Attorney

Torts Branch, Civil Division

U.S. Department of Justice

P.O. Box 14271

Washington, D.C. 20044

Telephone: 202-724-7333

27

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Civil No. 78 0914

EMMA ROSA MASCHER, ALFRED ROSA, GUIDO ROSA,

RAYMOND ROSA, BRUNO ROSA, CORIDO ROSA, AND ERNEST

ROSA, INDIVIDUALLY AND AS HEIRS AND LEGATEES OF ELIO

ROSA, DECEASED, ET AL. PLAINTIFFS,

Vv.

UNITED STATES OF AMERICA, DEFENDANT

COMPLAINT FOR WRONGFUL DEATH

Plaintiffs, through their attorneys, SMILEY & LEAR,

P.C., SPEISER & KRAUSE, P.C. and SPEISER,

KRAUSE & MADOLE, respectfully allege as follows:

That pursuant to the Federal Tort Claims Act, 28 U.S.C.

§§ 1346(b) and 2671-2680, et a!., the plaintiffs bring this ac-

tion for wrongful death.

That on or about July 10, 1975, administrative claims

were filed, pursuant to the provisions of 28 U.S.C.

§2675(a), with the Department of Transportation, Federal

Aviation Administration, and other related governmental

agencies. On October 18, 1977, these claims were denied.

Therefore, pursuant to the provisions of 28 U.S.C.

§§ 1346(b) and 2675(a), the present action is brought.

That defendant operates the Department of Transporta-

tion and the Federal Aviation Administration, with head-

quarters in Washington, D.C. and related subdivisions lo-

cated in this district, and that the negligence described in

Paragraphs XIII through XVII, inclusive below, occurred

in the Western Region of the Federal Aviation Administra-

tion, in Los Angeles, California, within this judicial dis-

trict, as well as in Washington, D.C.

28

IV.

That this Court has jurisdiction over the parties and the

subject matter based on the provisions of the Federal Tort

Claims Act, 28 U.S.C. §§ 1346(b) and 2671, et seq.

V.

That at all times relevant hereto, the principal business

of the Boeing Company (hereinafter referred to as

“Boeing”) within the United States was and is the planning,

design, manufacture, assembly, testing, modification,

servicing, inspection and sale of various types of aircraft,

including the Boeing 707 aircraft, and the component parts,

equipment, systems and accessories thereof, and manuals

and training devices pertaining thereto.

VI.

That prior to July 11, 1973, Boeing planned, designed,

manufactured, assembled, tested, serviced and inspected,

within the United States a Boeing 707-320C aircraft, serial

number 19841 (hereinafter referred to as the “subject air-

craft”), including the component parts, equipment, systems

and accessories thereof, and the manuals and training de-

vices pertaining thereto, and the subject aircraft was there-

after sold and delivered to SEABOARD WORLD

AIRLINES INC., (hereinafter referred to as “Seaboard”)

for use as a common carrier of passengers and property for

hire.

VIL.

That prior to the sale of the subject aircraft to Seaboard,

the aircraft, including its component parts, equipment, sys-

tems and accessories thereof, were inspected and certified

as being safe and suitable for public use by the defendant,

through its employees and agents, acting within the scope

of their employment.

VIII.

That prior to July 11, 1973, the subject aircraft was pur-

chased from Seaboard by S.A. EMPRESA DE VIACAO

AEREA RIO GRANDENSE, a Brazilian corporation trad-

29

ing as VARIG AIRLINES (hereinafter referred to as

“Varig”) for use as a common carrier of passengers and

property for hire.

IX,

That on July 11, 1978, the subject aircraft was operated

by Varig on a regular scheduled international flight be-

tween Rio de Janeiro, Brazil, and Orly Airport, France,

carrying 117 fare-paying passengers.

X.

That on July 11, 1973, as the subject aircraft approached

Orly Airport, France, a fire broke out in the vicinity of a

lavatory in the aft section of the subject aircraft, causing

various materials used in the fuselage and interior furnish-

ings and upholstery of the aircraft to burn and emit danger-

ous and poisonous gases and fumes, resulting in death by

asphyxiation to plaintiffs’ decedents.

XI,

That on and prior to July 11, 1978, pursuant to the Fed-

eral Aviation Act, defendant United States of America by

and through the Administrator of the Federal Aviation Ad-

ministration and its employees and agents, acting within

the scope of their employment, exercised a non-delegable

duty to issue such minimum standards governing the de-

sign, materials, workmanship, and construction of civil air-

craft as was necessary to promote the safety of such air-

craft in air commerce, including international air

commerce.

XII,

That prior to July 11, 1973, employees and agents of the

defendant United States, exercised a non-delegable duty to

exercise reasonable care in the formulation, issuance, publi-

cation, notification and enforcement of minimum standards

governing the design, materials, workmanship and con-

struction of aircraft intended to be employed in air com-

merce including international air commerce as well as a

non-delegable duty to warn operators of and passengers in

30

such aircraft of any dangers inherent in said design, materi-

als, workmanship and construction.

XIII,

That prior to July 11, 1978, the defendant, by and

through the Administratcr of the Federal Aviation Admin-

istration and its employees and agents negligently issued

minimum standards relating to the flammability of materi-

als used in the interior of civil aircraft including the Boeing

707 aircraft.

XIV,

That prior to July 11, 1978, the defendant, by and

through the Administrator of the Federal Aviation Admin-

istration and its employees and agents, acting within the

scope of their ermployment, negligently failed to issue mini-

mum standards relating to the toxicity of materials in the

interior of civil aircraft including Boeing 707 aircraft.

XV.

That prior to July 11, 1978, the defendant, by and

through the Administrator of the Federal Aviation Admin-

istration and its employees and agents, acting within the

scope of their employment, negligently certificated the in-

terior design of the Boeing 707 type aircraft, including but

not limited to, the lavatories thereof, the air conditioning

and pressurization system thereof, the oxygen system

thereof, the smoke evacuation system thereof, and the

manuals and instructions pertaining thereto.

XVI.

That prior to July 11, 1978, the defendant, by and

through the Administrator of the Federal Aviation Admin-

istration and its employees and agents, acting within the

scope of their employment, negligently certificated the pro-

duction of the subject aircraft, and following its production,

negligently issued an airworthiness certificate relating

thereto.

XVII.

That prior to July 11, 1978, the defendant, by and

through the Administrator of the Federal Aviation Admin-

31

istration and its employees and agents, acting within the

scope of their employment, negligently failed to warn oper-

ators of said aircraft and the flying public including plain-

tiffs’ decedents herein, of the dangers inherent in the inte-

rior design of the Boeing 707 aircraft, all of which was well

known to defendant.

XVIII.

That the aforesaid negligence of the defendant, by and

through its employees and agents, acting within the scope

of their employment, was in breach of duties imposed by

the Federal Aviation Act, the Civil Air Regulations, the

Federal Aviation Regulations, and the common law duty to

exercise reasonable care in the premises.

XIX,

That the death of plaintiffs’ decedents aboard the subject

aircraft on July 11, 1973, was proximately caused by the

negligent breach on the part of the defendant of its contin-

uing, nondelegable duties described above.

XX.

That as a direct and proximate result of the defendant’s

negligent and wrongful conduct in the premises, plaintiffs

have sustained pecuniary damages, including loss of sup-

port, services, counsel, society, companionship, consorti-

um, care, nurture, training, the prospect of inheritance of

future accumulations, and other damages, including grief

and moral damages.

XXI.

That as a direct and proximate result of the defendant’s

negligent and wrongful conduct in the premises, each of the

passengers aboard the subject aircraft suffered great physi-

cal pain and mental anguish in contemplation of impending

disaster and death, personal injuries and property loss. As

a result, the estate of each of the plaintiffs’ decedents has

sustained these and other damages.

XXII.

That by reason of all the foregoing, plaintiffs Emma Rosa

Mascher, Alfred Rosa, Guido Rosa, Raymond Rosa, Bruno

32

Rosa, Corido Rosa, and Ernest Rosa have been damaged

in the sum of Two Million Two Hundred Seventy Thousand

($2,270,000.00) Dollars; plaintiffs Honor Christine Brogan

and Thomas James Patrick Brogan have been damaged in

the sum of Three Million Five Hundred Thousand

($3,500,000.00) Dollars; plaintiffs Antoine Marie Rulhe

and Denise Louise Rulhe have been damaged in the sum of

One Million Four Hundred Seventy-Five Thousand

($1,475,000.00) Dollars; plaintiffs Claude Marie-Josephe

Arnaud Lavaud, Francois Jerome Gabriel Lavaud, Sophie

Claude Marie Lavaud, Philippe Jean Marie Lavaud,

Brigitte Lavaud Pasteyer, and Catherine Christiane Elisa-

beth Lavaud have been damaged in the sum of Five Million

Two Hundred Thousand ($5,200,000.00) Dollars; plaintiffs

Shri Prithi Singh and Ranjeeta Prithi Singh have been

damaged in the sum of One Million One Hundred Eighty

Thousand ($1,180,000,00) Dollars; plaintiffs Dirce Baratella

in Dainelli, Albertina Dainelli, Ugo Dainelli, Ornella

Dainelli in Allegri, and Regina Dainelli in Pisano, have

been damaged in the sum of One Million Two Hundred

Twenty Thousand ($1,220,000.00) Dollars; plaintiffs Zelia

Rivetto Griglio and Sergio Griglio have been damaged in

the sum of Two Million Six Hundred Thousand

($2,600,000.00) Dollars; plaintiffs Francesca Griglio

Bongiovanni, Fernanda Bongiovanni and Alberto

Bongiovanni have been damaged in the sum of Two Million

Nine Hundred Ten Thousand ($2,910,000.00) Dollars; plain-

tiff Ubaldo Zanardi has been damaged in the sum of Two

Hundred Fifty Thousand ($250,000.00) Dollars; plaintiffs

Maria Lucia Bruder, Thomas Bruder and Georgia Bruder

have been damaged in the sum of One Million Five Hun-

dred Thousand ($1,500,000.00) Dollars; plaintiffs Halim

Aidar Junior, Cristina Berriel Adar and Claudia Berriel

Aidar have been damaged in the sum of One Million Seven

Hundred Fifty Thousand ($1,750,000.00) Dollars; plaintiff

Ana Lucia Teixeira de Andrade Figueira has been damaged

in the sum of Two Million ($2,000,000.00) Dollars; plaintiffs

Palmira de Oliveira Judice, Zulmira de Oliveira Homem de

Mello, Amalia da Cunha e Oliveira, Thereza Cunha de

Souza Andrade, Alexandrina de Oliveira Dalmaso, Elio

33

Afonso da Cunha, Selene da Cunha Moraes, Eros Afonso da

Cunha, Terezinha Afonso da Cunha and Antonio Afonso da

Cunha have been damaged in the sum of One Million

($1,000,000.00) Dollars; plaintiffs Geni Nilsa Diefenthaler,

Ignes Diefenthaler, Carla Diefenthaler, Agnes

Diefenthaler, and Marcos Diefenthaler have been damged

in the sum of Two Million ($2,000,000.00) Dollars; plaintiffs

Marcienne Chabrerat Mas, Christian Mas, and Joelle Mas

Gros have been damaged in the sum of One Million Five

Hundred Thousand ($1,500,000.00) Dollars; plaintiffs Anna

Bernstrom Fauconnier, Peter Fauconnier and Mathias

Fauconnier have been damaged in the sum of Two Million

Five Hundred Thousand ($2,500,000.00) Dollars; plaintiffs

Pierre Sarda, Michel Sarda, Alain Sarda and Nicole Sarda

de Claviere d’Hust have been damaged in the sum of One

Million ($1,000,000.00) Dollars; plaintiffs Maddy Marie

Dietrich Aufrere de la Preugne, Solange Aufrere de la

Preugne, Isabelle Aufrere de la Preugne, and Anne Marie

Aufrere de la Preugne have been damaged in the sum of

Three Million ($3,000,000.00) Dollars; plaintiffs Lucienne

Dando Tardif, Gerard Tardif and Claire Tardif Marette

have been damaged in the sum of Two Million Five Hun-

dred Thousand ($2,500,000,00) Dollars; plaintiffs Jacqueline

Dubois Fardel, Doris-Marie Fardel and Nicole-Suzanne

Fardel have been damaged in the sum of Two Million Five

Hundred Thousand ($2,500,000.00) Dollars; plaintiffs

Danielle Cojan Ghorbanian, Pascal Karim Ghorbanian and

Philippe Guive Ghorbanian have been damaged in the sum

of Two Million Six Hundred Thousand ($2,600,000.00) Dol-

lars, plaintiffs Marie Sieber-Tschirky, Valentin Sieber,

Hedwig Graf-Sieber and Rose-Marie Sieber have been dam-

aged in the sum of Two Million Five Hundred Thousand

($2,500,000.00) Dollars; plaintiffs Maria Neusa Consoni

Guimaraes, Cristina Lonsoni Guimaraes, Ana Luiza

Consoni Guimaraes, Silvia Consoni Guimaraes, Luiz

Humberto Guimaraes, and Elza Helena Consoni Guimaraes

have been damaged in the sum of Two Million

($2,000,000.00) Dollars; plaintiff Charlotte Danzberg has

been damaged in the sum of Five Hundred Thousand

($500,000.00) Dollars; plaintiffs Egon Erny Kirst and Nelly

34

Ebling Kirst have been damaged in the sum of Seven Hun-

dred Fifty Thousand ($750,000.00) Dollars; plaintiff Maria

Reginato Paganella has been damaged in the sum of Five

Hundred Thousand ($500,000.00) Dollars; plaintiffs Clara

Zimmerman de Peluffo, Santiago Peluffo, Veronica Peluffo,

Agustina Peluffo and Josefina Peluffo have been damged in

the sum of Two Million ($2,000,000.00) Dollars; plaintiff

Enilda Fernandez de Sortino has been damaged in the sum

of Eight Hundred Thousand ($800,000.00) Dollars; plaintiffs

Suzanne Seve Jacquiot. Christophe Jacquiot, Denis

Jacquiot, and Charlotte Jacquiot have been damaged in the

sum of Two Million Four Hundred Fifty Thousand

($2,450,000.00) Dollars; plaintiff Emese Hegedus has been

damaged in the sum of One Million Five Hundred Thousand

($1,500,000.00) Dollars; plaintiff Maria Roth has been dam-

aged in the sum of One Million Five Hundred Thousand

($1,500,000.00) Dollars; plaintiffs Margit Tarnay, Tunde

Tarnay, and Laszlo Tarnay have been damaged in the sum

of Two Million Six Hundred Fifty Thousand ($2,650,000.00)

Dollars; plaintiffs Felix Gutierrez Acuna and Maria

Mercedes Gutierrez Acuna have been damaged in the sum

of One Million Five Hundred Thousand ($1,500,000.00) Dol-

lars; plaintiffs Maria Luiza Pereira de Almeida Leite

Ribeiro, Patricia Leite Ribeiro, and Maria Fernanda Leite

Ribeiro have been damaged in the sum of One Million Five

Hundred Thousand ($1,500,000.00) Dollars; plaintiffs

Marina Menezes de Oliveira Carvalho and Sergio Menezes

de Oliveira Carvalho have been damaged in the sum of

Three Million Five Hundred Thousand ($3,500,000.00) Dol-

lars; plaintiffs Magduiena de Auge, Enrique Auge and Juan

Claudio Auge have been damaged in the sum of Two Million

Five Hundred Thousand ($2,500,000.00) Dollars; plaintiffs

Myriam Collier de Lamare, Guilherme de Lamare and

Claudia de Lamare have been damaged in the sum of One

Million Five Hundred Thousand ($1,500,000.00) Dollars;

plaintiffs Jose Narciso da Fonseca e Silva and Isis Souza da

Fonseca e Silva have been damaged in the sum of Seven

Hundred Fifty Thousand ($750,000.00) Dollars; plaintiffs

Geraldo Gouvea Carrazedo and Celina Correa Carrazedo

have been damaged in the sum of Five Hundred Thousand

35

($500,000.00) Dollars; plaintiffs Ciaudia de Souza Weiss,

Fabria de Souza Scavone and Alexei Scavone have been

damaged in the sum of Nine Hundred Fifty Thousand

($950,000.00) Dollars; plaintiffs Walkiria di Vizio Silvana di

Vizio, Eduardo di Vizio and Claudia di Vizio have been

damaged in the sum of One Million Five Hundred Thousand

($1,500,000.00) Dollars; plaintiff Paulina Knijnik has been

damaged in the sum of Five Hundred Thousand

($500,000.00) Dollars; plainti*’s Amal Veron Yglesias, Raul

Yglesias and Elis Aparecida Yglesias have been damaged in

the sum of One Million Five Hundred Thousand

($1,500,000.00) Dollars; plaintiffs Moise Daurier, Louis

Daurier, Jeanne Daurier, Andre Daurier, Albert Daurier,

Georges Daurier, Victor Daurier, Marie Daurier, Yvette

Meyer, Helene Barnaud, and Paulette Haro have been

damaged in the sum of Two Million Three Hundred Thou-

sand ($2,300,000.00) Dollars; plaintiffs Hildegard Juesten,

Dr. Ulrich Juesten and Dr. Wolfgang Juesten have been

damaged in the sum of One Million Five Hundred Thousand

($1,500,000.00) Dollars; plaintiffs Nancy Palleta dos Santos,

Augustinho dos Santos Junior and Airton Palleta dos

Santos have been damaged in the sum of One Million Five

Hundred Thousand ($1,500,000.00) Dollars; plaintiffs

Luciana Zavaroni and Francesca Zavaroni have been dam-

aged in the sum of Two Million Five Hundred Thousand

($2,500,000.00) Dollars; plaintiffs Monika Colli, Sven Colli,

and Tanja Colli have been damaged in the sum of Two Mil-

lion ($2,000,000.00) Dollars; plaintiffs Francisca Arlita

Barbosa Quindere, Paulo Barbosa Quindere, Renata

Barbosa Quindere, Adriana Barbosa Quindere, Cristina

Barbosa Quindere and Luciana Barbosa Quindere have

been damaged in the sum of Three Million ($3,000,000.00)

Dollars; plaintiffs Cornelia Koeman-Nieuweborer, Maartje

Grietje Koeman, Klaas Evert Koeman and Martin Dik

Koeman have been damaged in the sum of Three Million

($3,000,000.00) Dollars; plaintiffs Luiz Tiellet, Rivadavia

Tiellet, Aristotelino Tiellet, Floah Tiellet da Silva, Luiza de

Lourdes Tiellet Oliveira Hilda Alvares, Celanira Tiellet

Borges, Therezinha Tiellet Bueno and Dolores Velloso

Vianna have been damaged in the sum of Four Million

36

($4,000,000.00) Dollars; plaintiffs Waldemar Martins

Ferreira Filho, Waldemar Ferreira Netto, Ana Maria Mar-

tins Ferreira and Maria Antonieta Martins Ferreira have

been damaged in the sum of One Million Five Hundred

Thousand ($1,500,000.00) Dollars; plaintiffs Maria Isabel

Malta Cardozo Barretto Prado, Evangelina Malta Cardozo

Junqueira de Aquino, Carlota Josephina Malta Cardozo dos

Reis Boto, Francisco Malta Cardozo Neto, Anna Maria

Martins Ferreira, Maria Antonieta Martins Ferreira, and

Waldemar Ferreira Netto have been damaged in the sum of

One Million Five Hundred Thousand ($1,500,000.00)

Dollars.

WHEREFORE, the plaintiffs demand judgment against

the defendant, United States of America, in the total sum

of One Hundred Million, Six Hundred Five Thousand

($100,605.000.00) Dollars, and each of them individually de-

mands judgment as set forth more particularly in para-

graph XXII of this Complaint, incorporated herein by ref-

erence, together with interest thereon, and the costs and

disbursements of this action.

SMILEY & LEAR, P.C.

1819 H Street, N.W., Suite 500

Washington, D.C. 20006

Telephone: (202) 466-8171

/s/ i ae er Se

ROBERT R. SMILEY, III

SPEISER & KRAUSE, P.C.

200 Park Avenue

New York, New York 10017

Telephone: (212) 661-0011

/s/

CHARLES F. KRAUSE

SPEISER, KRAUSE & MADOLE

1216 Sixteenth Street, N.W.

Washington, D.C. 20036

Telephone: (202) 223-8501

/s/

DONALD W. MADOLE

OF COUNSEL:

BERRIS & SETON

37

1801 Century Park East

Los Angeles, California 90067

By: /s/

TED ORLISS

CLAIM FOR DAMAGE, INSTRUCTIONS: Prepare in ink or typewriter. Please read carefully the yn —

roval |

po pee os = “gy ne -_ supply information requested on both ey

i i .U t t

INJURY, OR DEATH - sides of this form. Use additional sheet(s) if necessary

1. SUBMIT TO. | 2. NAME AND ADORESS OF CLAIMANT (Number, street, city, State,

‘ ‘ ee , and Zip Code)

Federal Aviation Administration |

i

800 Independence Avenue, S.W.

Washington, D.C. 20591

3. TYPE OF EMPLOY ENT 4. AGE | 5. MARITAL 6 NAME AND ADORESS OF SPOUSE, IF ANY (Number, street, city, State, and

STATUS Zip Code)

MILITARY |

2% CIVILIAN |

7. PLACE OF ACCIDENT (Give city or town and State; if outside city limits, indicate | 8. DATE ANO DAY 19. TIME

mileage ur distance to nearest city ur town) | OF ACCIDENT (A.M OR P.M)

Saulx les Chartreux, France | 11 July 1973 1358 GMT

10. AMMOUNT OF CLAIM (in dollars)

A PROPERTY DAMAGE B PERSONAL INJURY | C. WRONGFUL DEATH 0. TOTAL

11. DESCRIPTION OF ACCIDENT (State below, in detail, all oie Jacts and circumstances attending the damage, injury, or death, identifying

persons and property involved and the cause thereof) laimants decedent ied as a result of in-

halation of smoke & toxic gases emitted by a fire which burned out of

control in the lavatory of that certain Boeing 707 aircraft bearing

Brazilian registry PP-VJZ, manufacturer's serial No. 19841 on July ll,

1973. Conditions producing the fire were proximately caused by the

negligence of agents of the F.A.A. in the issuance of type, production

& airworthiness certificates relating to said aircraft.

12. PROPERTY DAMAGE

NAME ANO ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Number, street, city, State, and Zip Code)

BRIEFLY DESCRIBE KIND ANO LOCATION OF PROPERTY AND NATURE ANDO EXTENT OF DAMAGE (See instructions on reverse side for method uf substantiating claim)

13. PERSONAL INJURY

A.

STATE NATURE ANO EXTENT OF INJURY WHICH FORMS THE BASIS OF THIS CLAIM

14, WITNESSES

NAME AODORESS (Number, street, city, State, and Zip Code)

Capt.Gilberto Aranjo da Silva c/o Varig Airlines

2d Officer Alvio Basso Rio de Janeiro

Engineer Claunor Bello Brazil

Steward Luis Coelho

ERS ONLY DAMAGES AND INJURIES CAUSED BY THE ACCIDENT ABOVE AND AGREE TO ACCEPT SAID

AMOUNT IN FULL SATISFACTION AND FINAL SETTLEMENT OF THIS CLAIM

15. SIGNATURE OF CLAIMANT (Tiiis signature should be used in all future correspondence) | 16. DATE OF CLAIM

CIVIL PENALTY FOR PRESENTING CRIMINAL PENALTY FOR PRESENTING FRAUDULENT

FRAUDULENT CLAIM CLAIM OR MAKING FALSE STATEMENTS

The claimant shall forfeit and pay to the United States the sum Fine of not more than $10,000 or imprisonment for not more

of $2,000, plus double the amount of damages sustained by the | than $ years or both. (See 62 Stat. 698, 749; 18 U.S.C. 287, 1001.)

United States. (See R.S. $3490, $438; 31 U.S.C. 231.)

REVISED FEBRUARY 1971

GSA FPR 101-118

GENERAL SERVICES ADMINISTRATION-FPMR 101~11.8 STANDARD FORM 95

95-108 20

39

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Civil No. 78-0914

EMMA ROSA MASCHER, ALFRED ROSA, GUIDO Rosa,

RAYMOND ROSA, BRUNO ROSA, CORIDO ROSA, AND ERNEST

ROSA, INDIVIDUALLY AND AS HEIRS AND LEGATEES OF ELIO

ROSA, DECEASED, ET AL., PLAINTIFFS,

v.

UNITED STATES OF AMERICA, DEFENDANT

DEFENDANT UNITED STATES OF AMERICA’S

ANSWER TO COMPLAINT

I.

The allegations contained in paragraph I of plaintiffs’

complaint presents a question of law which is respectfully

referred to the Court for its determination.

Defendant United States of America admits that admin-

istrative claims were filed with the Department of Trans-

portation, Federal Aviation Administration, and that these

claims were denied.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph III of plaintiffs’

complaint.

IV.

The allegations contained in paragraph IV of plaintiffs’

complaint presents a question of law which is respectfully

referred to the Court for its determination.

Vv

Defendant United States of America has insufficient

knowledge or information upon which to form a belief as to

40

the truth of the allegations contained in paragraph V of

plaintiffs’ complaint.

VI.

Defendant United States of America has insufficient

knowledge or information upon which to form a belief as to

the truth of the allegations contained in paragraph VI of

plaintiffs’ complaint.

VIL.

Defendant United States of America has insufficient

knowledge or information upon which to form a belief as to

the truth of the allegations contained in paragraph VII of

plaintiffs’ complaint.

VIII.

Defendant United States of America has insufficient

knowledge or information upon which to form a belief as to

the truth of the allegations contained in paragraph VIII of

plaintiffs’ complaint.

IX.

Defendant United States of America has insufficient

knowledge or information upon which to form a belief as to

the truth of the allegation contained in paragraph IX of

plaintiffs’ complaint.

) «i

Defendant United States of America has insufficient

knowledge cr information upon which to form a belief as to

the truth of the allegations contained in paragraph X of

plaintiffs’ complaint.

XI,

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XI of plaintiffs’

complaint.

XII,

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XII of plaintiffs’

complaint.

41

XIII.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XIII of plaintiffs’

complaint.

XIV.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XIV of plaintiffs’

complaint.

XV.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XV of plaintiffs’

complaint.

XVI.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XVI of plaintiffs’

complaint.

XVII.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XVII of plaintiffs’

complaint.

XVIII.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XVIII of plaintiffs’

complaint.

XIX.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XIX of plaintiffs’

complaint

XX.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XX of plaintiffs’

complaint.

XXI

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XXI of plaintiffs’

complaint.

42

XXII.

Defendant United States of America denies each and ev-

ery allegation contained in paragraph XXII of plaintiffs’

complaint.

AFFIRMATIVE DEFENSES

As and for its affirmative defenses the United States of

America asserts as follows:

XXIII,

FIRST AFFIRMATIVE DEFENSE

Plaintiff failed to state a claim upon which relief can be

granted against this defendant.

XXIV.

SECOND AFFIRMATIVE DEFENSE

Defendant United States of America and its agencies and

employees exercised due care and diligence in all matters

alleged in the complaint herein and no act or failure to act

of this defendant or any agency or employee of this defend-

ant was the proximate cause of any damage, loss or injury

to plaintiff.

XX‘.

THIRD AFFIRMATIVE DEFENSE

This Court lacks jurisdiction over the subject matter of

this action pursuant to 28 U.S.C. §2680(a)(h) and (k).

XXVI.

FOURTH AFFIRMATIVE DEFENSE

No cause of action lies against the United States for the

promulgation of minimum regulatory standards.

fo XXVIL.

FIFTH AFFIRMATIVE DEFENSE

No cause of action lies against the United States for the

certification of aircraft.

WHEREFORE, Defendant, United States of America,

demands that the Complaint herein be dismissed as against

it, together with all appropriate costs, fees and expenses

and for such other and further relief as the Court may deem

just and proper.

43

ANDREA SHERIDAN ORDIN

United States Attorney

/s/

WILLIAM D. BLAKELY

Trial Attorney

Aviation Section, Civil Division

U.S. Department of Justice

Washington, D.C. 20530

202-739-4309

Of Counse!:

JOHN R,. HARRISON

Assistant Chief Counsel

GARY W, ALLEN

Attorney

Federal Aviation Administration

U.S. Department of Transportation

Washington, D.C. 20591

44

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of

the foregoing Defendant’s Answer To Complaint was

mailed this 16th day of May, 1978, to:

ROBERT R, SMILEY, III

SMILEY & LEAR, P.C.

1819 H Street, N.W., Suite 500

Washington, D.C. 20006

CHARLES F, KRAUSE

SPEISER & KRAUSE, P.C.

200 Park Avenue

New York, New York 10017

DONALD W. MADOLE

SPEISER, KRAUSE & MADOLE

1216 Sixteenth Street, N.W.

Washington, D.C. 20036

s/ Sere

WILLIAM D, BLAKELY

45

ROBERT R., SMILEY, Esq.

SMILEY, MURPHY, OLSON & GILMAN

1819 H Street, N.W.

Washington, D.C. 20006

Telephone: (202) 466-8171

JOSEPH T. COOK, Esq.

SPEISER, KRAUSE & MADOLE

700 South Flower Street

Los Angeles, California 90017

CHARLES F. KRAUSE, ESQ.

SPEISER & KRAUSE

200 Park Avenue

New York, New York 10017

Attorneys for Plaintiffs

Mascher, et al.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Case NO, CV-78-0914-WPG

EMMA ROSA MASCHER; ALFRED ROSA; GUIDO ROSA;

RAYMOND RoSa; BRUNO ROSA; CORIDO ROSA; AND ERNEST

ROSAD, INDIVIDUALLY AND AS HEIRS AND LEGATEES OF

EILO Rosa, DECEASED, ET AL., PLAINTIFFS,

v.

DEFENDANT

PLAINTIFFS MASCHER ET AL.’S FIRST AMENDED

COMPLAINT FOR WRONGFUL DEATH, SECOND COUNT

Plaintiffs, through their undersigned attorneys Timothy

J. Cook, Robert R. Smiley, Speiser and Krause P.C. and

Speiser, Krause and Madole, amending their complaint to

add a second Cause of Action against defendant United

States of America allege as follows:

Plaintiffs incorporate by reference, paragraphs I-X,

XIII-XVII, XXI and XXII of the Complaint herein filed on

March 9, 1980 as if fully restated herein.

46

XXIII

That on and prior to July 11, 1973, pursuant to the Fed-

eral Aviation Act, defendant United States of America by

and through the Administrator of the Federal Aviation Ad-

ministration and its employees and agents, acting within

the scope of their employment, undertook to issue such

minimum standards governing the design, materials, work-

manship, and construction of civil aircraft as was necessary

to promote the safety of passengers of such aircraft in air

commerce, including international air commerce, thereby

inducing reliance on such activities by the airlines and pas-

sengers alike.

XXIV

Prior to July 11, 1973, pursuant to certain bilateral

agreements between the United States of America and the

Government of Brazil, and in reliance upon certain inspec-

tions of the subject aircraft allegedly conducted by employ-

ees of the Federal Aviation Administration or its predeces-

sor agency, the Government of Brazil certified the subject

aircraft as airworthy.

XXV

Agents of the Federal Aviation Administration or its

predecessor agency negligently failed to make inspections

which the said agency undertook to make, or in the alterna-

tive, conducted said inspections negligently.

XXVI

That as a direct and proximate result of the defendant’s

negligent inspection, or failure to inspect, plaintiffs have

sustained pecuniary damages, including loss of support,

services, counsel, society, companionship, consortium,

care, nurture, training, the prospect of inheritance of fu-

ture accumulations, and other damages, including grief and

moral damages, as more particularly appears in paragraph

XX of the complaint.

XXVII

That as a direct and proximate result of the defendant’s

negligent inspection or failure to inspect, each of the pas-

47

sengers aboard the subject aircraft suffered great physical

pain and mental anguish in contemplation of impending dis-

aster and death, personal injuries and property loss. As a

result, the estate of each of the plaintiffs’ decedents has

sustained these and other damages, as more particularly

appears in paragraph XXI of the complaint.

XXVIII

That the aforesaid acts or omissions of the defendant, by

and through its employees and agents, acting within the

scope of their employment, was in breach of duties arising

from the undertaking of inspection which, if negligently

performed or omitted, increased the risk of harm to plain-

tiffs and their decedents.

XXIX

That the aforesaid acts or omission of the defendant, by

and through its employees and agents, acting within the

scope of their employment:

1. were undertaken to protect the safety of aircraft and

passengers in air commerce, including international air

commerce;

2. proximately caused a cabin fire which was a clearly

foreseeable result of a failure to inspect, or a negligent

inspection;

3. were the direct proximate causes of the deaths of

plaintiffs’ decedents;

5. was clearly contrary to the explicit safety policies of

air commerce of the United States and the international

community.

WHEREFORE, the plaintiffs demand judgment against

the defendant United States of America in the total sum of

One Hundred Million, Six Hundred Five Thousand

($100,605,000.00) Dollars, and each of them individually as

set forth more particularly in paragraph XXII of the Com-

plaint, incorporated herein by reference, together with in-

terest thereon, and the costs and disbursements of this

action.

Respectfully submitted.

/s/

ROBERT R, SMILEY

SMILEY, MURPHY, OLSON & GILMAN

1819 H STREET, N.W.

WASHINGTON, D.C. 20006

/S/

JOSEPH T. CooK

Speiser, Krause & Madole

700 South Flower Street

Los Angeles, CA 90017

Attorneys for Plaintiffs

49

OFFICE OF THE SECRETARY OF STATE

FOR TRANSPORTATION

BOARD OF INQUIRY

ACCIDENT INVOLVING THE BOEING 707 PP-VJZ OF

THE VARIG COMPANY

(SAULX-les-CHARTREAUX-July 11, 1973)

FRENCH VARIG REPORT

Released 4/6/76

CONTENTS

DECREE CREATING THE BOARD OF INQUIRY

1. SUMMARY

2. TECHNICAL INVESTIGATIONS

2.1 The flight

2.2 The victims

2.3 Damage to the aircraft

2.4 Damages to third parties

2.5 Information on the crew

2.6 Information on the aircraft

2.7 Meteorological conditions

2.8 Aids to navigation

2.9 Telecommunications

2.10 Airports and ground installations

2.11 Flight recorders

2.12 Wreckage

2.13 Medical and pathological information

2.14 Fire

2.15 Survival

2.16 Expert evaluations

2.17 Additional information

3. ANALYSIS OF THE FACTS

4. CONCLUSIONS

50

DECREE CREATING THE BOARD OF INQUIRY

By decree of July 12, 1973, a Board of Inquiry was estab-

lished for examining the circumstances, seeking the causes

and bringing out the facts in the accident occurring on July

11, 1973 approaching Orly Airport involving a B 707, regis-

tered PP-VJZ of the Brazilian Company Varig.

The Board is composed of the following members:

Mr. René LEMAIRE, Engineer, Civil Engineering

Department, Chief of General Inspection for Civil

Aviation, CHAIRMAN;

General Maurice MARTINET, VICE-CHAIRMAN;

Mr. Philippe TESTU, check pilot, Head of the Flight

Control Agency;

Mr. Paul CAROUR, general engineer, civil aviation;

Mr. Paul GUILLEVIC, chief engineer, civil aviation;

Dr. GIGNOUX, Vice-President of the Civil Aeronaut-

ics Medical Council;

Mr. André GELY, aircraft commander for Air France.

1. SUMMARY

Date of the Accident Aircraft

Wednesday, July 11, 1973 Boeing 707 PP-VJZ

at 1402 UT* Owner and Operator

Location of the accident The Brazilian Company

SAULX-les-CHARTREUX VARIG

5 km southwest ofthe thresh- Persons aboard

old of Orly runway 07 Captain DA SILVA

Type of flight + 16 (2 crews)

Regular international trans- 117 passengers

port, RIO DE

JANEIRO—PARIS

Summary of the accident

Fire on board during approach to ORLY

Forced landing 5 km before the runway threshold, in the

countryside near Longjumeau

Wreckage destroyed by fire

Consequences

Material Third

Personnel Killed Injured Damage Lading Parties

Crew 7 10 Destroyed Destroyed Damage to

Passengers 116 1 by iznpact crops

and fire

51

*All times mentioned in this report are expressed in univer-

sal time (UT). Legal time may be obtained by adding one hour

thereto.

2. TECHNICAL INVESTIGATIONS

2.1 The Flight

On July 11, 1973 the B-707, PP-VJZ flies the regular

VARIG line RG 820 between Rio de Janeiro and Paris.

At 3:03 the plane takes off from GALEAO airport with a

weight of 326,700 pounds with 117 passengers and 17 crew

members aboard.

At 3:50 level 330, cruising level, is reached. The flight

proceeds with no particular difficulty at a Mach in the vicin-

ity of 0.8.

At 6:26 the plane ascends to level 370, and at 11:53, to

level 390. Cruising is completed at level 350.

At 13:40, when the plane makes contact with the West

Terminal sector of the Paris ACC, it is in descent in the di-

rection of the CHARTRES VOR (CHW), estimated time

13:52.

At 13:48, it passes level 230, and at 13:46, level 170.

At 13:50, Paris ACC has the plane turn slightly to the

right, short-circuiting CHW, and authorizes continuation of

the descent to level 100, reached at 13:52, then level 80,

reached at 13:55. At this time, the plane is heading towards

the TOUSSUS (TSU) VOR.

At 13:57 the VARIG 820 is transferred to ORLY ap-

proach, with which it makes contact one minute later.

It receives instructions to maintain level 80 and to head

for OLS, which will bring it into the tail-wind branch of

runway 26, in operation at ORLY. The meteorological con-

ditions are excellent and no special procedure is necessary.

At 13:58'20" the aircraft signals a “fire aboard” and re-

quests an “emergency descent”.

According to the Captain, this request follows the an-

nouncement by the cabin crew of smoke in the rear of the

passenger cabin.

At 1359 the plane is authorized to descend to 3,000 feet

for landing on runway 07, only 22 MN away and which

should allow a direct approach.

52

In response to a request from Control, the pilot signals

“total fire”, while the radar brings it onto line 07 and situ-

ates it 10 MN from the threshold. According to the crew,

this announcement coincides with the cabin steward’s

alarming indication that the situation is (illegible) invading

the cabin and that the passengers are being asphyxiated.

The transponder code appears for about one more minute

on the Orly radar screen.

The crew puts on the oxygen masks and smoke goggles.

However, the black smoke is invading the cockpit to such

an extent that the pilots can no longer see the instruments.

The side windows are open. Judging the situation desper-

ate, the Captain decides to effect a forced landing.

This is achieved at 14:03, the pilots viewing the ground

from the side windows.

Witnesses observe the plane just before its forced land-

ing. They notice a trail of smoke escaping from below the

rear fuselage.

The landing site selected, situated in bearing 230 of the

threshold of runway 07, 5 km from the latter, is a flat area

with small cultivations having a mean altitutde of 76 me-

ters, south of the village of SAULXIER (Municipality of

SAULX-les-CHARTREUX, Essonne).

The landing gear were extended, the flaps partially ex-

tended, the plane at a heading of about 080°, slightly in-

clined to the left and with a high, nose-up longitudinal

attitude.

It touched down just beyond a small road after it had

taken the tops off a few small fruit trees. Impact was se-

vere. The left landing gear yielded immediately and was

followed shortly thereafter by the right landing gear. The

plane then slid on its jet engines, then on its belly for al-

most 500 m. However, the unequal loss of the main landing

gear and the initial inclination to the left triggered a skid-

ding movement which increased until the plane came to a

halt.

The wreck came to a halt at heading 280° after losing all

of its jet engines and half of the left wing. The forced land-

ing was completely successful. The fuselage suffered little

53

damage. Only the bottom of the hull behind the main land-

ing gear wells is misshapen.

According to witnesses, the only visible sign of fire after

the plane stopped is smoke issuing to the right of the base

of the fin.

Ten occupants of the plane escape by their own means: 4

through the right side-window of the cockpit, 4 through the

left side-window, 1 through the left front passenger door, 1

through the right front galley door.

Among these ten survivors, all crew members, two (the

pilots) were seriously injured, one of them by a tree limb

which pierced the front pressure bulkhead while the plane

was sliding along the ground, the others suffered from

smoke inhalation.

These survivors were very soon met by the farmers

witnessing the crash, but all intervention is impossible be-

cause of the fire which developed inside the cabin, making

access therein impossible.

When the firemen arrive, 6 to 7 minutes after the crash,

the fire has caved in the top part of the fuselage in the rear.

The plane is filled with smoke. There is no sign of life. The

firemen evacuate 4 motionless occupants through the for-

ward door. Only one will survive.

A fire breaks out in the right wing between jet engine

struts 3 and 4 shortly before the arrival of the firemen. The

left and right wing-root tanks and the center tank do not ig-

nite. On the other hand, fire will break out in the rear hold

about one hour after the crash.

2.2 Victims Of The Crash

Crew Passengers Third Parties

Fatally injured 7 116 none

Injured 10 1 none

Uninjured 0 0

2.3 Damage To The Aircraft

The aircraft was completely destroyed, with the excep-

tion of equipment contained in the electronics hold, which it

was possible to salvage.

54

2.4 Damages To Third Parties

Damages to third-parties consist in the destruction of

crops in the crash zone, first by the plane, then by the res-

cuers, and in the destruction of several fruit trees.

2.5 Information On The Crew

Due to the length of the flight, there were 17 crew mem-

bers, twice the normal number.

Cockpit personnel

AIRCRAFT COMMANDER (on duty)

Name: GILBERTO ARAUJO DA SILVA

Date and place of birth: November 12, 1923, SANTA

LUZIA

Marital status: married

Airline transport pilot’s certificate no. 238

License and ratings valid until February 28, 1974

Medical examination valid until September, 1973

(unrestricted)

Joined the Company on February 1, 1952

Qualified for the B-707 on February 19, 1968

Date of last in-flight control: August 17, 1972

Date of last simulated control: February 26, 1973

Total flying time logged: 17,959.30

In the 30 days prior to the accident: 29.14

In the 48 hours prior to the accident: 14.03

On the type of plane involved in the accident: 4,642.44

Prior accidents: none

Rest before final flight: 35 hrs.

FIRST PILOT (on duty)

Name: ANTONIO FUZIMOTO

Date and place of birth: July 10, 1928 at BAURU

Marital status: married

Airline transport pilot’s certificate no. 787

License and ratings valid until August 31, 1973

Medical examination valid until November, 1973

(unrestricted)

Joined the Company on February 1, 1952

Qualified for the B-707 on December 5, 1969

Date of last in-flight control: February 21, 1973

55

Date of last simulated control: August 7, 1972

Total flying time logged: 17,788.27 hrs.

In the 30 days prior to the accident: 73 hrs. 47 min.

In the 48 hours prior to the accident: 11.03

On the type of plane involved in the accident: 3,331.33

Prior accidents: none

Rest before final flight: 61 hours.

SECOND PILOT (on duty)

Name: ALVIO BASSO

Date and place of birth: December 1, 1926 at BENTO

GONCALVES

Marital status: married

Commercial pilot’s certificate no. 1097

Group A single-engine rating valid without limitation

Medical examination valid until November 30, 1973

(unrestricted)

Joined the Company on May 4, 1954

Qualified for the B-707 on September 14, 1962

Total flying time logged: 12,613.02

In the 30 days prior to the accident: 69.38

In the 48 hours prior to the accident: 11.03

On the type of plane involved in the accident: 5,055.46

Prior accidents: none

Rest before final flight: 230 hours

SECOND PILOT

Name: RONALD UTERMOEHL

Date and place of birth: May 2, 1950 at PONTA GROSSA

Marital status: single

Commercial pilot’s certificate no. 3886

Group A single-engine rating valid without limitation

Medical examination valid until September 30, 1973

(unrestricted)

Joined the Company on February 16, 1970

Qualified for the B-707 on December 6, 1972

Total flying time logged: 1,540.19

In the 30 days prior to the accident: 47.26

In the 48 hours prior to the accident: 18.14

On the type of plane involved in the accident: 768.41

Prior accidents: none

Rest before final flight: 24 hours.

56

MECHANIC

Name: CARLOS DIFFENTHALER NETO

Date and place of birth: September 20, 1934, PORTO

ALEGRE

Marital status: married

Mechanic's certificate no. 731

License and rating valid until April 30, 1974

Medical examination valid until March 31, 1974

(unrestricted)

Joined the Company on March 1, 1954

Qualified for B-707 on June 20, 1960

Date of last in-flight control: April 20, 1973

Date of last simulated control: April 4, 1973

Total flying time logged: 16,672.39

In the 30 days prior to the accident: 90.53

In the 48 hours prior to the accident: 15.43

On the type of plane involved in the accident: 11,922.59

Prior accidents: none

Rest before final flight: 33 hours

MECHANIC (on duty)

Name: CLAUNOR BELLO

Date and piace of birth: February 7, 1935, SAO PAULO

Marital status: Married

Mechanic’s certificate no. 814

License and rating valid until October 31, 1973

Medical examination valid until December 31, 1973

(unrestricted)

Joined the Company on May 8, 1960

Qualified for B-707 on September 26, 1966

Date of last in-flight control: October 11, 1972

Total flying time logged: 9,655.16

In the 30 days prior to the accident: 64.32

In the 48 hours prior to the accident: 11.03

On the tye [sic] of plane involved in the accident: 4,827.39

Prior accidents: none

Rest before final flight: 63 hours

NAVIGATOR (on duty)

Name: ZILMAR GOMES DA CINHA

Date and place of birth: July 1, 1930, ARARUAMA

Marital status: married

57

Navigator’s certificate: No. 114

License and ratings valid until January 31, 1974 (B-707 and

DC-8)

Medical examination valid until June, 1974 (unrestricted)

Joined the Company on September 1, 1955

Qualified for B-707 on November 30, 1968

Date of last in-flight control: January 7, 1973

Total flying time logged: 14,140.09

In the 30 days prior to the accident: 74.42

In the 48 hours prior to the accident: 11.03

On the type of plane involved in the accident: 3,286.45

Prior accidents: none

Rest before final flight: 193 hours.

NAVIGATOR

Name: SALVADOR RAMOS HELENO

Date and place of birth: June 30, 1928, RIO DE JANEIRO

Marital status: married

Navigator’s certificate no. 89

License and rating valid until July 31, 1973

Medica! examination valid until January 22, 1974

(unrestricted)

Joined the Company on August 30, 1951

Qualified for B-707 on September 12, 1965

Date of last in-flight control: February 4, 1973

Total flying time logged: 15,157.02

In the 30 days prior to the accident: 75.22

In the 48 hours prior to the accident: 11.03

On the type of plane involved in the accident: 5,937.22

Prior accidents: none

Rest before final flight: 183 hours.

Cabin Crew

CHIEF STEWARD

Name: JOAO EGIDIO GALLETI

Date and place of birth: July 21, 1939, LINS

Marital status: married

Certificate no. 1003

Ratings valid until December 16, 1973 (B-707 and DC-8)

Medical examination valid until November, 1973

(unrestricted)

58

Joined the Company on September 1, 1962

Total flying time logged: 9,064

On the type of plane involved in the accident: 4,841

Rest before final flight: 96 hours

STEWARD

Name: EDEMAR GONCALVES MASCARENAS

Date and place of birth: October 20, 1941, CURITIBA

Marital status: married

Certificate no. 684

Ratings valid until January 29, 1975 (B-707 and DC-8)

Medical examination valid until January 14, 1974

(unrestricted)

Joined the Company on October 6, 1965

Total flying time logged: 6,666

On the type of plane involved in the accident: 3,582

Rest before final flight: 96 hours.

STEWARD

Name: CARMELINO PIRES DE OLIVEIRA, Jr.

Date and Place of birth: May 20, 1942, SAO PAULO

Marital status: married

Certificate no. 1546

Ratings valid until October 12, 1973 (B-707 and DC-8)

Medical examination valid until September 23, 1973

(unrestricted)

Joined the Company on June 12, 1967

Total flying time logged: 5,080

On the type of plane involved in the accident: 3,246

Rest before final flight: 48 hours.

STEWARD

Name: SERGIO CARVALHO BALBINO

Date and place of birth: April 18, 1945, ALEGRE

Martial status: single

Certificate no. 1704

Ratings valid until March 19, 1975 (B-707)

Medical examination valid until December 14, 1973

. (unrestricted)

Joined the Company on January 11, 1968

Total flying time logged: 3,983

On the type of plane involved in the accident: 2,407

59

Rest before final flight: 72 hours

STEWARD

Name: LUIZ EDMUNDO COELHO BRANDAO

Date and place of birth: May 17, 1939, RIO DE JANEIRO

Marital status: single

Certificate No. 1855

Ratings valid until June 16, 1974 (B-707 and DC-8)

Medical examination valid until January, 1975

(unrestricted)

Joined the Company on September 20, 1968

Total flying time logged: 3,295

On the type of plane involved in the accident: 779

Rest before final flight: 96 hours

STEWARD

Name: ALAIN HENRI TERSIS

Date and place of birth: August 13, 1946, PARIS (France)

Marital status: single

Certificate no. 2653

Ratings valid until April 30, 1974 (B-707)

Medical examination valid until September 23, 1973

(unrestricted)

Joined the Company on February 4, 1972

Total flying time logged: 937

On the type of plane involved in the accident: 886

Rest before final flight: 48 hours.

STEWARDESS

Name: ANDREE PHIA

Date and place of birth: January 22, 1949, CAIRO (Egypt)

Marital status: single

Certificate no. 2053

Ratings valid until May 31, 1975

Medical examination valid until November 11, 1973

(unrestricted)

Joined the Company on October 1, 1969

Total flying time logged: 3,015

On the type of plane involved in the accident: 2,685

Rest before final flight: 120 hours.

STEWARDESS

Name: ELVIRA STRAUSS

Date and place of birth: Apri] 28, 1949, FRANKFURT

(Germany)

Marital status: single

Certificate no. 2601

Ratings valid until December 22, 1973

Medical examination valid until October 13, 1973

(unrestricted)

Joined the Company on September 15, 1971

Total flying time logged: 1,250

On the type of plane involved in the accident: 1,181

Rest before final flight: 48 hours.

CHIEF STEWARDESS

Name: HANELORE DANZBERG

Date and place of birth: September 9, 1938, PORTO

ALEGRE

Marital status: single

Certificate no. 265

Ratings valid until] November 11, 1973

Medical examination valid until October 5, 1973

(unrestricted)

Joined the Company on March 4, 1961

Total flying time logged: 7,989

On the type of plane involved in the accident: 4,345

Rest before final flight: 48 hours

2.6 Information On The Aircraft

The PP-VJZ was a Boeing 707 345 C (manufacturing no.

19.841) which was built for the SEABOARD Company, but

purchased by VARIG Company, which had leased it to

SEABOARD for some time.

Its Certificate of Airworthiness was no. 5712, 1968,

which had been renewed the last time on February 12, 1973

and was valid until August 12, 1973.

Its total utilization time was 21,470 hours (5,677 land-

ings). Utilization time since the annual inspection on May

15, 1973 was 539 hours. The last brief inspection occurred

on June 24, 1973.

61

The history of the type JT3 D3 B jet engines is as

follows:

Position 1 2 3 4

No. 632.945 645.946 667.821 668.246

Total hours 24,571 16,479 15,966 20,094

Hours since RG 2,225 1,025 3,698 4,594

The status of the plane regarding mandatory inspections

and modifications is correct. Reports from flights prior to

the accident reveal no irregularities which could have had a

bearing on the accident.

Upon departure from RIO, the weight at takeoff was

within the prescribed limits: 326,700 pounds, 153,000 pounds

of which was fuel, as was the load distribution: 21.3%. The

arrangement of the cabin corresponded to version F: one

Ist-class cabin with 20 seats in 5 rows, a tourist cabin with

112 seats, 3 of which were —(illegible)—

Forward of the first class cabin there was a galley, a rest

station for the crew and three rest rooms. To the rear of the

tourist cabin there was a galley, three rest rooms and a

closet.

Interior design

Originally, the interior design of this plane was in con-

formity to specification Boeing D.619.676.

In 1971, the cabin decoration was replaced by a more at-

tractive decoration, conforming to specification Boeing

D6.25.601, called WIDE BODY LOOK.

The renovation basically concerned the seat covers, the

panelling of the walls and ceiling of the passenger cabin, but

the interior design of the rest rooms remained unchanged.

The renovation was performed by the VARIG Company.

The material needed for the transformation was supplied by

Boeing, with the exception of the carpeting and the fabric

for the seat covers, which VARIG procured directly. These

materials underwent quality control and in particular a test

for flame resistance, before they were used.

Specification D6 25.601 was fully respected, with the ex-

ception of the PNC seat covers, where vinyl was replaced by

62

leather. This material nonetheless satisfies the requirements

of the regulation.

Location of the portable orygen tanks

During the life of the plane, the portable oxygen tanks for

the rear area were placed in three different locations. Origi-

nally, they were stored near the cabin ceiling in the baggage

racks. Incidents occurring during flight led the Company to

seek a place that was cooler and less exposed to unexpected

handling. They were then placed behind the last row of

seats, near the floor, along the rear galley. It soon became

evident that this place is used by passengers to store their

carry-on baggage. For this reason, the Company had a

closed rack built inside the closet to store the four oxygen

tanks. The regulation requires only that it be easy to gain

access to the tanks.

2.7 Meteorological Conditions

The meteorological conditions during the descent and the

approach were excellent. Orly observations were as follows:

1300 hours—Wind 340/8 Kt

Clouds: 3/8 cirrus at 9000 m

Visibility: 15 km

Temperature: +24.9°

Dew point: +10.8° Humidity: 41%

QFE: 1008 QNH: 1018

1400 hours—Wind: 280/6 Kt

Clouds: 3/8 cirrus at 9000 m

3/8 alto cumulus at 3500 m

Visibility: 15 km

Temperature: +25.8°

Dew point: 11.4°

QFE: 1007 QNH: 1017

1400 UT corresponds to 1500 hours local time. There was

almost peak brightness from the sun.

2.8 Aids To Navigation

The radio aids were functioning normally and had no in-

fluence on the occurrence of the accident.

63

2.9 Telecommunications

The telecommunications equipment was functioning

properly.

The loss of contact during final approach can be attrib-

uted, on the one hand, to the fact that the crew did not po-

sition its selection box on “mask” and on the other hand, lis-

tening over the loud-speaker became impossible when the

side windows were opened.

The recording of control radar images was utilizable.

2.10 Airports And Ground Facilities

The facilities played no part in the origin of the accident.

2.11 Flight Recorders

The PP-VJZ was equipped with a UDC flight data re-

corder type 542 (time — bearing — speed — altitude —

vertical acceleration), but had no cockpit voice recorder.

The recorder was placed in the tail cone, behind the pres-

sure bulkhead. The temperature of the cylindrical protec-

tive case was enough to burn off the paint from its front

surface; however, the recorder itself was intact and the

metal tape could be read normally.

The recorder functioned properly, but stopped during the

descent at level 80. The examination of the apparatus ex-

cludes the possibility that this was caused by direct heating

or linked to a mechanical failure.

The rear pressure bulkhead melted, but the slight dam-

age it suffered in the rear point indicates that this bulkhead

gave way after the crash.

The indications given by the crew and by the Air Traffic

Control in their messages made it possible to establish a

quite accurate correlation between the audio recordings

and the FDR. This made it possible to establish the time

the recorder stopped at 13:58'30" + 30 seconds.

2.12 Wreckage

2.12.1 Tracks on the ground

The main landing gear of the plane make contact with

ground that is hard and dry. The depth of the tracks shows

that the plane set down cleanly.

A tilt to the left of about 4° was revealed by the fact that

the left reactors touched the ground almost immediaely af-

ter the main landing gear.

64

The elevation of the plane is indicated not only by the

tracks and the slight damage suffered by the front of the

fuselage, but especially by the fact that reactor no. 1 tou-

ched the ground before reactor no. 2.

The main landing gear give way almost immediately and

the plane, resting on its inside reactors for 48 meters after

the initial contact, slides thusly in a straight line for 265

meters before crossing a dirt road.

After this the track in the ground inclines to the left.

The plane is skidding to the right when it runs into an ap-

ple tree with its radome and left wing. A large branch from

this apple tree enters the cockpit behind the instrument

panel on the left-hand side, while the left wing is cut in

half.

This shock accelerates the skidding and the plane comes

to a nalt 240 meters later, after travelling a total distance

on the ground of almost 600 meters at a heading which is al-

most the opposite of the initial heading.

2.12.2 Examination of the fuselage

The damage to the fuselage during the crash is slight. It

did not break. The ventral keel is intact. Structural defor-

mations are minor, except near the rear hold. The lower

skin is torn only at the level of the left rear corner of the

rear hold. It is probable that the sliding over the ground

flattened the hull bottom under this rear hold, thus

creating a sharp angle which the final skidding opened.

This tear, parallel to one of the stringers, extends over ap-

proximately one meter.

Under the floor, the fuselage suffered little damage from

the fire. The electronic hold is almost intact. The front

landing gear leg was torn off at the end of the skidding and

remained perpendicular to the gear well. The front cargo

compartment is simply blackened by soot. Its door is func-

tioning. The oxygen tanks for this compartment are intact

and show no sign of heating. The air conditioning hold is in

good condition. The mid-wing frame is intact. The main

landing gear wells suffered only from the tearing away of

the gear. The cooling units were partially torn off just be-

fore the plane stopped.

65

The rear cargo compartment suffered from both the

crash and the fire. The floor above this compartment was

75% melted. The oxygen tanks from this compartment did

not explode. They are empty and burnt. The luggage was

partially burnt. The unused compartment behind the cargo

compartment, i.e., under the galley and the rest rooms,

was damaged by fire in those places were there is no more

upper floor. The tai! cone shows traces of fire only near the

pressure bulkhead.

Damage by fire to the fuselage above the floor level in-

creases when moving away from the forward part of the

plane. The top of the fuselage melted from the front of the

first class cabin as far as the rear pressure bulkhead.

On the sides, the damage stops above the port-holes in

front of the wing, but continues downwards almost to the

floor level behind the wing.

In front of the wing and on the wing, the floor is intact.

In front of the first class cabin, the carpet is only part‘ally

burned. On the other hand, the floor has disappeared under

the closet, the access corridor for the rear main door, facing

the galley, and behind the tourist class cabin. The flooring

under the galley and the fuselage wall which it rests

against, did not give way.

The rear pressure bulkhead melted.

The four portable oxygen tanks were found burned and

empty on their rack. They had lost their valves and

finishings.

This area is one of the points of maximum fire intensity.

Between the rear pressure bulkhead and the trailing

edge of the wing, only the metal parts of this part of the

cabin remained, with the exception, however, of what was

in the galley. The containers protected the combustible

products which they contained and thus made it possible to

identify them.

While the effect of the fire in the rear is almost identical

on the floor and on the ceiling, from the first-class cabin the

influence of the fire increases when moving away from the

floor. This can be better seen in the cockpit, where the in-

fluence of the heat is almost non-existent below the naviga-

tor and mechanic’s panel.

66

2.12.3 Examination of the wings and rudders.

The left wing is sheared between struts 1 and 2. How-

ever, the control cables did not give way and the extremity

of the wing stayed with the main wreckage. Tanks 2 and 5

contain fuel.

The right wing burned on the level of tank 4. Tank 3 did

not suffer from the fire, but was emptied as a result of dam-

age to the wing.

Jet engine struts 1 and 2 were torn off, while struts 3 and

4 remained in place.

The leading edge flaps are extended. The trailing edge

flaps are partially extended: 13 threads on the feed screw,

i.e., 6° of flap.

Ailerons and spoilers were damaged only by the crash.

The tail units are in place and only slightly damaged. The

control nut for the fin is at 17 threads, high position, corre-

sponding to a setting between 0 and 1° plane nose-down.

The control cables for the horizontal and rudder stabilizer

passing under the floor which burned, are in place.

2.12.4 Examination of the cockpit

Other than panel P 8 (instrument panel of left-hand pilot

seat) whose instruments were torn away from and pushed

back onto their support, the cockpit was undamaged by the

crash.

The heat in the upper part did no more than impair the

breaker panels, deform the switches and obscure the

instruments.

Indications concerning the general configuration of the

plane are as follows:

Plane:

Landing gear control: lowered

Flap control: 14°

Flap indicator: Outer L 30° R 0°

Inner L 43° R 27°

Air brake control: 50° (handle unjammed)

Fire-break: not pulled

Wing and naceile de-icers: off

Stabilizer: 0°

Aileron trim: 1° to the right

67

Rudder trim: at neutral

Automatic pilot: off

Transponder: operating

Doppler indicator: 166 KT on both

Fin (right indicator inoperable)

max. left.

Signs and exit lights: on

Flight recorder control: broken

Passenger oxygen: off

Crew oxygen: on

Air conditioning:

Turbocharger controls 2, 3, 4: normal

Tapping control: 1 and 3 on

2 and 4 off

Wing insulation valve control: left off

right on

Dynamic air intake control: off

Control for air conditioning units: both off

Control for thrust recovery valves: off

Control for mixture valves: both on manual

Electrical supply:

D.C.—battery on

measurement selector on primary T.R.

A.C.—all alternators dog-clutched

primary bus-bar on alternator 3

parallel control selector on alternator 3

Exciter relay switch: normal

Line relay switch: normal

Interlocking relay switch: normal

Wattmeter: minimum

Galley power supply: off

2.13 Medical and Pathological Information

122 bodies were found on the ground following the

forced landing of the B-707 PP-VJZ on July 11, 1973 at /

1500 hours in the community of SAULX-les. af

CHARTREUX (Essonne), or:

116 out of the 117 passengers who boarded the plane

6 crew members out of the 17 who boarded the plane,

4

68 A

while the only surviving passenger and the 11 surviving

crew members had to be transported to the Henri Mondor

Hospital in Créteil.

Among the latter, Mr. HELENO SALVADORE, navi-

gator, had attempted to take cover in the forward rest

rooms. He was burned externally on the face and neck, and

internally over the mucous membranes of the digestive

and respiratory tracts in the throat. He was taken in a

coma to level III of the Henri Mondor Hospital, where he

was to die on July 22, 1973, from kidney failure 11 days af-

ter the accident. The coefficient of carbon monoxide

poisoning was not investigated, but the proportion of car-

bon monoxide in the blood amounted to 40 milliliters per li-

ter, approximately corresponding to a coefficient of carbon

monoxide poisoning of .16. In this case, then, carbon mon-

oxide poison was not the cause of death.

Among the 122 victims found on the ground, the blood

was examined on all but two of the bodies.

From the 120 other bodies:

—16 showed a CO poisoning coefficient under .50

—11 had a coefficient ranging between .50 and .60

—93 had a coefficient equal or over .66.

It is usually thought that a coefficient of .66 is fatal.

Thus, out of the 120 bodies collected on the ground whose

blood was examined 78% showed a carbon monoxide

psoning coefficient equal or over 66%, and death must be

cur. videred as the result of carbon monoxide poisoning.

However, 9% had a coefficient ranging between .50 and

.60. For them, the probable, but not definite cause of death

may be considered as being carbon monoxide poisoning.

For the 13% whose coefficient of poisoning was lower

than .50, carbon monoxide poisoning cannot be excluded as

the cause of death. In fact, KOHN ABREST had pointed

out fatalities where the coefficient did not exceed 20%.

The analysis of escaping combustion gases from samples

taken in the cabin revealed, in addition to a substantial

amount of carbon dioxide, the presence of carbonic acid

gas, chlorhydric acid and fluorhydric acid.

The presence of the latter two acids, in contact with the

nasal and laryngeal mucous membranes, causes a reflex

69

characterized by respiratory failure and decrease in cardiac

rhythm.

This breathing failure, a veritable reflex inhibition, is the

result of a peripheral stimulation of the area innervated by

the trigeminal nerve and the upper laryngeal nerve.

Therefore, death would have been caused by inhibition.

It would have been helpful to know the seats occupied by

the passengers in the plane and to compare this information

with the results of the blood analyses. Given the

circumtances surrounding the accidents and the priority

which had to be accorded to saving the lives of the survi-

vors, it was impossible to observe the recommendations

specified in Chapter 9, appendix 9 of the ICAO’s manual on

airplane accidents. It is not possible to determine the exact

seat occupied by the victims at the time of the crash.

The results of analyses performed on the bodies of the six

crew members—other than HELENO SALVADOR—who

died in the accident are as follows:

1) UTERMOEL, second pilot

The coefficient of carbon monoxide poisoning was .78

and the proportion of carbon monoxide in the blood

amounted to 140 milliliters. The investigation reveals,

however, that he was in the rear, in the passenger cab-

in, next to stewardess ELVIRA STRAUSS.

2) DIEFENTHALER, mechanic

The poisoning coefficient was low: .37, and the propor-

tion of carbon monoxide was 90 milliliters.

It is also known that he was standing in the cockpit

and that he suffered a brutal shock when the plane land-

ed, the top of his skull being torn away and causing his

death.

3) MASCARENAS, Edomar, Steward

Coefficient of carbon monoxide poisoning: .48

Proportion of carbon monoxide in the blood: 100

milliliters

The inquiry did not reveal his location at the time of

the crash.

4) BALBINO CARVALHO, Steward

Coefficient of carbon monoxide poisoning: .66

70

Proportion of carbon monoxide in the blood: 130

milliliters

The body was found in the first-class gsiley and re-

moved by the firemen through the forward starboard

door.

5) ELVIRA STRAUSS, Stewardess

Coefficient of carbon monoxide poisoning: .78

Proportion of carbon monoxide in the blood: 140

milliliters

The inquiry established that she was in the rear of the

plane, in the tourist class cabin.

6) HANELORE DANTZBERG, chief stewardess

Coefficient of carbon monoxide poisoning: .66

Proportion of carbon monoxide in the blood: 130

milliliters.

The sole surviving passenger who, seating in the tourist

section, had followed chief steward GALETTI to the cock-

pit, was found in the first-class galley when the plane was

evacuated; his name is RICARDO TRAJANO. He suffered

from burns of the respiratory tract and from tegumentary

burns, especially in the lumbar region. He was taken to

Professor GUENAUD’s offices at the Mondor Hospital, and

returned to Brazil after seven weeks of hospitalization.

The following crew members had only slight injuries

causing no permanent physical damage: ALVIO BASSO,

CLAUNOR BELLO, ZILMAR DA CUNHA, GALETTI

JOAO, COELHO, TERSIS, PIA ANDREA.

2.14 The Fire

Since this was a cabin fire, it seemed useful in this sec-

tion to examine the statements of the survivors and to es-

tablish insofar as possible, a chronology of the facts based

on these statements.

The discovery of the fire is well documented, since two of

the stewards who were there survived the crash.

MASCARENAS (deceased) was in the rest room corri-

dor, TERSIS (survivar) was straightening up the galley,

CARMELINO (survivor) was seated on the fold-down seat

near the rear passenger door.

71

A woman passenger exiting from the port-side rest room

was heard to say, “I almost died in there”. MASCARENAS

and TERSIS went over to the rest room. CARMELINO

got up and looked.

TERSIS saw white smoke descending from the ceiling of

the rest room in the corner near the mid partition.

The two witnesses saw no flames.

TERSIS and MASCARENAS went back toward the

cabin.

TERSIS cut off the power for the rear galley, while

MASCARENAS grabbed the fire extinguisher which

CARMELINO was carrying back with him. CARMELINO

then went toward the cockpit to alert the cockpit

personnel.

CLAUNOR (survivor) was seated at the mechanic’s posi-

tion. He confirms that CARMELINO came in to say that

there was smoke in the rear rest rooms and that they

should go look.

CARMELINO returns toward the rear with DIEFEN-

THALER (deceased), the second mechanic. It is probable

that after MASCARENAS emptied his extinguisher he en-

tered the cockpit, since GALETTI (survivor) points out

that he was informed of the incident by MASCARENAS

who was holding an empty extinguisher in his hand.

GALETTI and MASCARENAS joined DIEFEN-

THALER and CARMELINO in the rear. At that time, the

smoke did not allow access to the rest rooms.

It appears that DIEFENTHALER was the first to re-

turn to the cockpit to get a mask and a tank of oxygen.

During this time, the smoke continued to advance: it en-

tered the tourist cabin. The stewards and chief steward

tried to reassure and calm the passengers.

GALETTI returned to the cockpit and warned of the se-

riousness of what was happening. All survivors from the

cockpit except CLAUNOR state that they learned of the

incident from GALETTI. It appears likely that the first an-

nouncement made over the frequency corresponds to

GALETTI’s intervention. According to the sequence of

events given by almost all witnesses, it was at this time

that the rest room circuits were broken. CLAUNOR says

72

that one of the circuit-breakers was already pulled out. He

re-engaged it only to have it pop out immediately after.

Stewardess ANDREA (survivor) who was re-applying

her makeup in one of the forward rest rooms, exited after

the lights went out. She then saw CARMELINO wearing

an oxygen mask. We know from CARMELINO that

DIEFENTHALER helped him put on his safety harness so

that he could go and open the tourist cabin wing emergency

exits. (In order for DIEFENTHALER to have suggested

this, it is certain that the plane was depressurized).

At the same time, ANDREA saw that the smoke was

starting to penetrate the first-class cabin.

Statements from witnesses reveal that the smoke, which

progressively invaded the rear of the plane from the rest

rooms to the last rows of seats was white.

The smoke front appears to have advanced regularly,

turning black. The statements from witnesses tend to re-

veal that the black smoke appeared on the cabin ceiling al-

most simultaneously in the tourist and first-class cabins and

that it advanced not only horizontally but also in the direc-

tion of the floor. 6 ica ae

GALETTI returned to the cockpit; he described the rap-

id and catastrophic development of the situation. This an-

nouncement by GALETTI presumably preceded the

message from the crew of “total fire on board”.

It was approximately at this time that CARMELINO re-

turned to the tourist cabin. Despite his mask he advanced

with difficulty, since visibility was zero. He saw three

flashes occurring in the back of the plane. The blast threw

him onto the floor. He returned toward the front.

General agreement among the survivors reveals that it

was on the second entry of GALETTI that the smoke could

be seen in the cockpit. An emergency descent was made

while, according to CLAUNOR and FUZIMOTO (survivor)

the plane was depressurized. The crew put on masks and

goggles.

It was apparently at that time that DIEFENTHALER

cut off alternators 1, 2 and 4.

The smoke rapidly became thicker in the cockpit. The pi-

lots state that they opened the side windows when it be-

came difficult to see the instrument panel and that they

made the decision to “crash land” the plane shortly

thereafter.

73

It would not appear, according to witnesses, that opening

the side windows improved visibility in the cockpit. The pi-

lots landed the plane using VFR, with their heads out the

window.

At the time of the crash, there were nine people in the

cockpit:

—FUZIMOTO, in the left pilot-seat

—GILBERTO, in the right pilot-seat

—ALVIO, in the observation seat

—ZILMAR, in the navigator seat

—CLAUNOR, in the mechanic’s seat

—DIEFENTHALER, standing behind CLAUNOR

—ANDREA and GALETTI, in the middle of the cockpit

—CARMELINO, against the cockpit door.

When the plane came to a halt, the fire was contained in

the fuselage. According to one of the witnesses on the

ground, a few minutes after the plane stopped, there were

flames under the fuselage, fully behind the port side, envel-

oping the skin on the outside. There were no flames visible

on the top.

The roof was pierced first to the right of the base of the

fin. The explosion of tank 3 seems to have occurred at this

time.

A ground witness who is an Air France B-707 steward

arrived on the scene and described the incident as follows:

The inside of the plane slightly behind the wings was on

fire. This was not a violent fire but rather a silent combus-

tion. The smoke was extremely thick. The rear part of the

roof was already destroyed. The fire advanced slowly for-

ward without, however, increasing in force.

The first fire engines arrived on the scene at 14:11 UT, 6

to 7 minutes following the crash. The fire was completely

extinguished at 14:50. It broke out again in the luggage

compartment, but was quickly brought under control.

2.15 Survival

The forced landing was fully successful. It was possible

to survive the accident from the standpoint of accelerations

undergone when the plane travelled along the ground. Only

second mechanic DIEFENTHALER was fatally injured

74

when the plane crashed, since he was standing,

unsupported and unharnessed.

It is, however, noteworthy that except for the occupants

of the cockpit and two members of the cabin personnel who

found themselves under special conditions (TERSIS and

COELHO), no one was able to escape from the plane on his

own, even though all exits remained completely utilizable.

Of the nine persons who were in the cockpit, five had

oxygen masks. Although tests proved that the opening of

the side windows caused smoke inhalation, it also caused

turbulence which was beneficial to those who had no mask.

TERSIS, seated near the forward passenger door, pro-

tected his face with a damp cloth. COELHO, seated near

the forward galley door, used the portable breathing appa-

ratus left behind by CARMELINO and which he had found

when freeing the access to the galley door.

In the cabin, no exit had been opened. Voluntarily, in the

absence of any instructions, the oxygen masks had not been

released.

The condition of the occupants of the cabin when the

plane came to a halt can be evaluated with the aid of sever-

al statements by witnesses. Among those persons carried

off by the firemen, i.e., those who suffered from the effects

of the smoke eight to ten minutes more than the first, it

was possible to revive two out of three. Only one of them,

however, survived.

In the forward area, where damage caused by smoke was

slightest, there are no apparent signs of attempts to

escape.

Those crew members (HELENO, BALBINO) who were

near the doors used by TERSIS and COELHO and who

were quite familiar with the layout of the plane, were

unable to exit.

It is therefore quite probable that the occupants of the

cabin were quickly powerless to react and that they were

unconscious at the time of the crash. It is likely that most

victims died only after the plane had come to a halt.

2.16. Expert Evaluations

2.16.1 Examination of the air outlet openings of the fuselage

The ventilating air escapes through five openings:

75

—two permanent outlets, one forward and the other

aft, which drain off fumes from the galleys and rest

room odors. They are equipped with a venturi for lim-

iting the flow rate when the differential pressure is

high.

—two outlets coming from the discharge control

valves which regulate pressure

—one cooling air discharge opening from the radio

installations.

The Board has made the following observations:

a) A substantial track caused by smoke and which

rapidly corroded, can be seen at the exit of the rear

permanent outlet. An analysis of the corrosion in this

trail showed that the metal had been attacked by

chlorhydric acid.

The inlet and the venturi were immediately taken

for an analysis of combustion deposits. These units

were useful in that they had not been handled by the

life savers or contaminated by the extinguisher

products.

b) There is a slight trail of soot behind the forward

permanent outlet with a mean axis which is not paral-

lel to the fuselage but which corresponds to a fuselage

angle of about 5°.

c) There are considerable traces of smoke around

the rear discharge valve outlet.

d) There were no traces of smoke around the for-

ward discharge valve outlet.

e) The same holds true for the most part for the

cooling air outlet from the —(illegible)—

2.16.2 Examination of the rear rest rooms

There are three rest rooms in the rear of the plane. Rest

76

room E is designed for easy removal in cargo utilization. It

consists of one unit which can be easily moved and hooked

up.

The three rest rooms were found in identical condition.

Doors, partitions, panels have disappeared. Only the metal

elements remained; tank, toilet motor and bowl, sink, fil-

ter, electrical wires. The floor of the plane under rest room

E, as well as the under skin of the fuselage next to this rest

room were less damaged here than elsewhere.

All that remains of the pressure dome is a rim about 30

em wide. The sealent where the dome and fuselage join is

blistered and burnt over its entire length except under the

floor. The two brackets and the upper reinforcing cross-

beam in the plane of the dome and fuselage joint were

melted.

The fuselage skin disappeared symmetrically in the up-

per part.

On the sides, the effect of the fire is much less

symmetrical.

On the starboard side, the skin was heated evenly over

the entire width of rest room C from a height of approxi-

mately 50 cm above the floor. The metal became soft and

broke under the weight of the tail unit between the two

ring-frames before the dome, i.e., near the toilet bowl of

rest room C (station 1415).

On the port side, the effect of the fire on the skin of the

plane begins clearly lower and more toward the front— al-

most at the limit of the closet and rest room D, slightly be-

low the level of the floor. On this side, the weight of the tail

unit not only caused, in the upper part, a vertical rip which

continued until just beyond the passenger door (station

1390) but also singed the lower part of the skin.

On the port side the floor is perforated. Here are found,

among considerable melted alloys, the oxygen tanks,

unexploded, but finishings destroyed.

The shape of the tears shows that the fire reached its

maximum intensity only after the plane had come to a halt.

2.16.3 Examination of the rear galley

This galley consists of three portable units, as was rest

room E. Units 3 and 4 are installed on the starboard side on

77

either side of the rear service door. Facing them, on the

port side, between the passenger door and the tourist-class

cabin, is unit 5.

Units 3 and 4 withstood the fire rather well. Damage is

external. Anything in a drawer, a container or an oven was

only slightly damaged. The wastepaper basket in unit 4 was

lost but its position would cause it to escape from its hous-

ing during considerable deceleration of the plane. The

newspapers which were piled up in unit 4 burned only su-

perficially. The electrical circuits of these two units were

destroyed. No evidence of a short circuit was revealed on

the conductors, but their condition is such that no formal

conclusion can be drawn.

Unit 5 no longer exists. This unit is basically a storage

area. It has no cooking equipment. It is not supplied by

electricity. In its upper part 60 woolen blankets are usually

stored.

The floor on the starboard side under units 3 and 4 fully

withstood the fire. On the port side, under unit 5, it disap-

peared. In front of this area, i.e., in the rear of the tourist

cabin, the floor melted over its entire width.

The fuselage walls resisted half way up the sides of the

cabin. Nothing remains of the top of the fuselage, the ceil-

ing and the lifesaving equipment (rafts) which are normally

stored over the access corridor to the tourist cabin.

2.16.4 Examination of the cabin

a) Galley, forward rest room, crew compartment

Damage by the fire involves only the upper third of this

space. The top of the fuselage is intact. The false ceiling

disappeared but the partitioning withstood. The rest rooms

suffered little from the fire.

In the crew compartment, the foam mattresses were only

partially burnt. The furniture in the galley was more

heated than burnt. The passenger and service doors oper-

ate normally. The extinguisher (water) placed near the pas-

senger door is intact, but the CO2 cartridge, swollen by the

heat, is empty.

b) First class cabin

The collapse of the top of the fuselage begins with the

first class cabin. Nothing remains of the arch above the line

of port holes beginning with the first rows of seats and con-

78

tinuing towards the rear. Laterally, the inner skin remains

in part. The air conditioning pipes are visible. The seats are

in place, and undeformed. Only the backs of the seats

burned completely. The carpet shows localized burns. The

partition separating first class from tourist has

disappeared.

¢c) Tourist class cabin

Over the wing the seats are completely burnt, but the

floor covering withstood. The inner wall coverings are to-

tally gone beyond the last wing exits. Over the landing

gear wells, the floor is intact. It sinks and then disappears

over the rear hold. Its destruction is not symmetrical. On

the port side, it is almost entirely destroyed over the entire

length of the hold. On the starboard side, its destruction is

practically limited to the space included between the two

hold doors. Similarly, the side wall withstood the fire bet-

ter on the starboard side than on the port side. It should be

noted that this port-side zone was used by the firemen to

gain access to the plane.

Nothing remains of the rear part of the tourist cabin, the

debris from which fell into the baggage hold.

2.16.5 Examination of the rear baggage hold

The rear baggage hold extends from the main landing

gear wells to the axis of the rear galley door. This hold has

two doors on the starboard side. On either side of the sec-

ond door are found the oxygen reserve of the normal cabin

circuit and in the rear, the water reserve for the rest rooms

and the rear galley.

The structure of this hold is that part of the plane most

damaged from the skidding of the plane over the ground.

Neither the keel nor the bottom of the hull gave way, but

both were misshapen. The skin was torn along a generating

line on the port side of the hold and in the rear.

The condition of one of the edges of the opening shows

that the fire had not yet reached this area at the time of the

crash.

All passenger luggage had been placed in this hold. Most

of this luggage was only partially burnt. Damage caused by

the fire is distinctly more substantial in the rear than in the

front, and for each of these two sectors, front and rear,

79

damage is greater when moving away from the floor of the

hold. When this hold was cleaned out no major, localized

source of heat was noted which would have allowed the pos-

sibility of luggage combustion.

The most calcinated area is at the level of the oxygen

tanks (three 3,200 liter tanks—pressure 120 bars). These

tanks emptied themselves but did not explode. The crash

did not tear them from their support, but it is probable that

the damage to the oxygen pipes is the result of deforma-

tions caused by the impact, although it may be that the

damage resulted from the heat of the fire or the interven-

tion of the rescuers.

This would explain the fact that the oxygen ejected

through the overpressure valves was not directed out-

wards, as is normally the case, but spread through the

hold. This would explain the intense burning in this area

and in particular the melting of the cabin floor above this

zone.

The pressure safety valve located in front of this hold

was recovered in good condition. The rear flow valve of the

pressure system was also recovered in good condition. This

valve is located outside the hold in the compartment which

is unused because it is too low. This compartment extends

the rear hold as far as the rear pressure dome. This space

contains only the air conditioning pipes of the rest room

zone, the water and drain pipes and the tail unit control ca-

bles. It has no direct access to the outside. The only possi-

ble access is gained by dismantling the partition in the back

of the baggage hold. This partition is not impermeable so

that proper pressurization of the hold can be maintained.

The only electrical supply in this space involve the de-icing

of the water pipes and the operation of the flow regulating

and thrust recovery valves.

This compartment was damaged by the fire only to the

right of the perforations o: the upper floor.

In summary, the observations made in the rear hold and

in the compartment next to it appear to eliminate the possi-

bility that the fire started there.

2.16.6 Examination of the forward holds

The forward baggage hold is situated between the elec-

tronic hold and the air conditioning compartment.

80

Neither the heat nor the impact damaged these three

spaces. A slight coating of soot can be seen in the baggage

hold, which contained only the suitcases of the crew and

some flight supplies.

The three oxygen tanks of the cockpit circuit are intact

but empty. The finishings and the oxygen distributing har-

ness are also intact.

The plane’s battery was not destroyed in the crash.

The air-conditioning units situated under the fuselage,

behind the forward hold were partially torn away when the

plane skidded along the ground.

2.16.7 Examination of the electrical circuits

a) Main supply

Examination of the mechanic’s console reveals that the

primary bus-tar was connected to alternator 3.

The surviving mechanic states that his co-worker turned

off alternators 1, 2 and 4 shortly before the crash.

The main relays were removed and evaluated. The fol-

lowing positions were found:

Excitation relay (GCR)

No. Control Pane! ZJ 3197 OL3552 XM 4356 UM 4311

GCR off on off off

Circuit breaker engaged engaged engaged engaged

Line relay (GB)

Number 11.662 11.668 11.641 19.617

GB off off off off

Coupling relay (BTB)

Number 23.401 ML 19.249 ML 27.983 ML 27.986

BTB on on on on

All of these units were verified as to their operation. They

were all found to be in operating condition with the mini-

mum required performances.

The switching off of the circuit breaker of Control Panel 4

is not significant. This circuit-breaker protects the bypass

circuit of the excitation relay and is only involved in the

start-up of the plane without voltage.

The positions found on the main relays suggest the follow-

ing hypothesis. During descent, the crew switched off the

line relays. The switching off of excitation relays no. 1, no. 3

and no. 4 is merely the consequence of the action of the auto-

81

matic protection devices following the damage suffered by

the primry power supply upon impact.

b) Distribution circuits

A major portion of these circuits passes through the ceil-

ing of the forward hold, an area which was not touched by

the fire. Examination of the conductors showed no damage.

c) Rear rest-room circuits

Seven circuits involve the rear rest-rooms:

1) Signals—This circuit illuminates a flashing light in

each rest room when the signs “Fasten your seat belts” are

operating. The light is located in the backing of the sink.

This circuit is protected by circuit-breaker 77 in panel P. 6.

The mechanic pointed out that the electric circuits of the

rear rest rooms were broken, one by one, from the circuit-

breaker panels, one of the circuit-breakers from the last row

of panel P. 6 was already switched off. He re-engaged it but

it switched off again.

After the mechanic examined the wreckage, he certified

that the circuit breaker in question was one of the following:

75. NO SMOKING off

76 NO SMOKING off

77 RETURN TO SEAT off

78 SEAT BELT on

79 SEAT BELT off

80 LAVATORY DOME LIGHT off

He cannot positively identify the circuit-breaker which had

switched itself off, but believes it to be number 77, RE-

TURN TO SEAT.

2) De-icing of water pipes —This is a heating coil which

surrounds the water pipes and a resistor which de-ices the

drain pipe. The latter circuit is protected by circuit-

breakers 4 and 33 in P1. The heating coil is supplied by the

toilet-flushing circuit by a fuse and a thermo-switch.

The pipes are located in the empty compartment under

the rest-rooms and which was only slightly damaged by the

fire. It is improbable that a short-circuit in this area started

the fire.

3) Rest room light —This circuit, signalling that the rest-

rooms are occupied, is almost entirely outside the rest

rooms themselves. It is protected by circuit-breaker 40 in

82

P.7. Damage to it was so severe that no valid observation

could be made.

4) Razor power supply—This circuit supplies the razor

outlet situated on the back of the sink. It is protected by

circuit-breakers 14 in P.1 and 45 in P.5. The converter (one

for the three rest-rooms) is also protected by fuses. Dam-

age was so great that no valid observation could be made.

5) Rest room lighting—These circuits are protected by

circuit-breakers 19 and 22 in P.4 and 80 in P.6. The degree

of damage did not allow any valid conclusions to be drawn.

6) Flushing of toilets—This circuit supplies one pump

per toilet which flushes the bowl. It also supplies the re-

heating of the drain pipes. It is protected by circuit-breaker

25 in P.4. This circuit was also severely damaged by the

fire.

7) Water heater—This circuit is the most critical, on the

one hand because of the power installed and on the other,

because of the position of the water-heaters which are

placed in the space used as a receptacle for used paper tow-

els. The three water-heaters of the rear rest-rooms are

supplied by 115 triphase V. This circuit is protected by

circuit-breakers 7, 8 and 9 in P.3. Two phases supply the

heating resistors (400 W). The third controls the heating

relay by means of a thermostat. In addition to this ther-

mostat which is released at 52°, two overheat thermostats

in series with the heating rods, cut off the power when the

temperature reaches 71°.

An exhaustive study of the incidents involving the water-

heaters had been undertaken with the collaboration of the

Air France Company. The results of this study produced no

conclusive facts until January, 1974, when two serious inci-

dents occurred.

In the first incident (F-BHSI-January 5, 1974), a passen-

ger noted that there was smoke in the rear lavatory. Visual

inspecton revealed that the feed wires of the water-heater

had burned and melted in the coupler. The feed wires had

fallen into the used paper towels.

Upon dismantling, the heating coil was found to be burnt

along a generating line.

83

In the second case (F-BHSP-January 18, 1974) a steward

pointed out that there was no more hot water in the rear

rest room. Once again, the feed wires were found to be bro-

ken. The insulating part of the connector which contains

the two coupler plugs was burnt had been ejected from the

metal body of the coupler. The feed wires had fallen into

the used paper towels.

The two heating rocs have the following points in

common:

—corroded areas appear on the metal casing of the rods;

—the rods became swollen;

—one of the coupler pins was melted.

However, it was noted that in the first case the neoprene

joint between the heating rod and the coupler was swollen

outwards while in the second case, the joint was in place,

but the insulating assembly of the coupler was ejected.

The analysis of the heating rods in question, conducted at

the “Centre d’Essais des Propulseurs”, as well as those

which had shown low insulating resistance during the in-

spection campaign, made it possible to determine how the

breakdown occurred.

When the casing is perforated by corrosion, water ab-

sorbs the magnesium in which the resistor is embedded.

Under the influence of successive heatings, the water trav-

els toward the chamber at the base of the rod. The accumu-

lation of water in this chamber then causes a short-circuit

between the extremities of the resistor and the base of the

casing. This short-circuit heats and burns the coupler. The

steam pressure in the chamber can be sufficient to eject the

coupler.

The water-heaters of the PP-VJZ were evaluated in the

light of these observations. The internal coloring of the

water-heaters srows that they withstood a temperature

over 600°. With the exception of one of the heating rods of

the right front water-heater, all of the current supply sock-

ets disappeared.

Oxidation of the water-heaters and the rods appears to

be due solely to the effect of the fire.

84

The resistor casings are intact and the electrical elements

in good condition.

The insulating defect of the rods of the rear water-heater

is due to deposits originating from the combustion of the in-

sulators of the wires which connect to the sockets.

Briefly, there is nothing to indicate that the water-

heaters were the origin of the fire.

The electric water-supply control circuit is located out-

side the rest rooms and was not taken into consideration.

2.16.8 Examination of the air-conditioning circuits

The principal elements of the air-conditioning circuits in

the fuselage were removed for evaluation.

Following are the main observations noted upon

dismantling:

1. The internal condition of the circuits excludes the pos-

sibility of overheating or escape of smoke from this system.

2. The insulating valve of the right wing is closed, that of

the left wing is open. This confirms the indications of the

mechanic’s panel. The only possible sources then are

turbocharger no. 2 and taps 1 and 2. The mechanic’s panel

provides no certainty as to the functioning of turbocharger

no. 2, but indicates that tap no. 1 was in service and that

tap no. 2 was cut off. It may be noted that the operations

carried out by the crew correspond precisely with the

emergency procedure for smoke originating from the air-

conditioning system.

8. The thrust recovery valves are closed. The automatic

radio ventilation valve is open. These positions correspond

to normal, automatic operation when the differential pres-

sure becomes low.

2.17 Additional Information

2.17.1 VARIG instructions in case of fire

Chapter I of the VARIG Company’s emergency proce-

dures (January 1972 edition) covers smoke and fire

problems.

—Paragraph 1.1 deals with engine fires.

—Paragraph 1.2 concerns fires and smoke of electrical

origin

85

In the latter case, the procedure is divided into three

phases:

Phase I

. Put on masks and goggles (crew)

Open oxygen to 100% (crew)

Connect the intercom

Turn on white lighting

Compensate the plane for manual control

Open all line relays and coupling relays.

If the smoke persists:

Phase II

7. Close all line relays

8. Transfer power supply of left horizon

9. Place primary bus-bar selector on park

If the smoke persists:

10. Open the battery switch

11. Open circuit-breaker of bus-bar 28 volts D.C.

12. Open circuit-breaker of primary rectifying

transformer

13. Open circuit-breaker of ampli-intercom

14. Re-activate bus-bar

—Paragraph 1.2 concerns the emission of smoke through

the air-conditioning system.

The initial part of the procedure is aimed at locating the

source and halting the escape of smoke. The second part

deals with the evacuation of the smoke.

Phase I

Put on masks and goggies (crew)

Open oxygen to 100% (crew)

Connect the intercom

Close thrust-recovery valves

Turn off individual air vent

Activate turbocharger no. 2 or taps 1 and 2

. Close right wing insulating valve

If the smoke persists:

8. Open right wing insulating valve

9. Activate turbochargers 3 and 4 or taps 3 and 4

10. Close left wing insulating valve

P Oe CO tO

NP oP wre

86

If the smoke persists:

11. Close the left air-conditioning unit

If the smoke persists:

12. Open left air-conditioning unit

13. Close right air-conditioning unit

If the smoke persists

Descend to an altitude which is compatible with the safe-

ty and performance of the plane. Follow the procedures for

non-pressurized flight.

Phase II

a) Pressurized flight

Evacuation of smoke during pressurized flight is normal-

ly achieved with the usual ventilation. In cases of substan-

tial quantities of smoke, the following procedure supplies

maximum ventilation.

1. Put on masks and goggles (crew)

2. Open oxygen to 100% (crew)

3. Connect intercom

4. Increase cabin altitude (10,000 feet)

5. Activate maximum turbochargers and taps

Do not exceed an overpressure gain of 20 inches of water

Do not depressurize.

b) Non-pressurized flight

Smoke evacuation is better during pressurized flight.

Use the following procedure only during non-pressurized

flight:

1, Put on masks and goggles (crew)

2. Open oxygen to 100% (crew)

8. Connect intercom

4. Find holding speed

5. Open co-pilot window.

Paragraph 1.4 deals with landing-gear fires

Paragraph 1.5 concerns cargo hold fires.

2.17.2 Numerous analyses, evaluations and verifications

were performed. Among the most important requested by

the Board of Inquiry are the following:

87

—the evaluation performed by Colonel DUSCH of the

Paris Fire Department concerning the origins and

spreading of the fire in the PP-VJZ;

—the studies of escaping smoke undertaken by the

Toulouse Aeronautical Test Center;

—the research carried out by various airline companies,

in particular AIR INTER and UNITED AIRLINES,

and by the BOEING Company concerning the prob-

lems of smoke evacuation.

3. ANALYSIS OF THE FACTS

3.1 Locating The Origin Of The Fire

3.1.1 The examination of the wreckage reveals that the

zone where the fire initially broke out and developed is the

portion of pressurized cabin located over the cabin floor and

behind the tourist-class galley, i.e., in the space occupied

by the 3 rear rest rooms, the closet and the central corridor

giving access to them.

This examination, confirmed by other observations made,

makes it possible to eliminate the hypothesis of a hold fire.

Similarly, the hypothesis of a fire originally fed by the

fuel or hydraulic fluid was deemed unlikely due to the loca-

tion of these circuits and verifications made after the

accident.

3.1.2 Although witnesses directed research operations

on the rest rooms themselves, the possibility of a fire in the

space between the ceiling of the habitable sector of the

above-defined critical zone and the fuselage was not

eliminated.

Several electric cable systems pass through this space,

parallel to the plane’s axis and on either side of the sym-

metrical plane. The only cables carrying considerable pow-

er are those which supply the electric motors of the hori-

zontal stabilizer.

The servo-trim motor, which revolves permanently when

automatic pilot is functioning, absorbs three amperes per

phase under 115 volts.

The motor of the manually-controlled trim absorbs 15 am-

peres per phase under 115 volts when the pilot activates

88

the control-stick switches. This motor is used intermittent-

ly and for a few seconds at a time.

The pilots found no irregularity in the depth compensa-

tion during the initial descent.

In addition, no prior incident of short-circuiting on these

cable sysems was found for this type of plane.

Moreover, considering the distance of these cables from

combustible elements which could have gtarted the fire,

and considering the fact that the characteristic odor of

heated electrical insulators was not noted, the Board feels

that it is very unlikely that the fire originated in the false

ceiling of the rear zone of the cabin.

3.1.8 As concerns the discovery of the smoke, precise

and concordant statements from two eye witnesses are

available, Messrs. CARMELINO and TERSIS.

When their attention was drawn to the port-side rest

room, no flames were visible. The smoke occupied at most

the upper third of the rest room, It did not appear to be

issuing from any fixed place. The restroom continued to be

invaded by the smoke without locating its source.

Two hypotheses may be made:

—the fire started in the port rest room.

—the fire started in the adjacent space. It developed un-

known to the occupants. It was detected only when the

smoke had penetrated into the port-side lavatory. This

adjoins both the closet and the end starboard lavatory,

symmetrical to the port lavatory.

The closet consists of two partitions perpendicular to the

plane’s axis, against the side of the port fuselage. A simple

curtain is all that separates it from the center aisle. It has

an air inlet halfway up the wall of the fuselage. Re-

ventilation occurs through the passenger cabin. Any escape

of smoke in the closet, therefore, would only be evident in

the cabin and not in the rest room next-door.

It can be deduced that the fire did not start in the closet,

but in one of the two lavoratories located in the extreme

rear.

89

3.2 Study Of The Risks Of Fire And The Conditions For A

Fire Developing In The Extreme Rear Lavoratories.

3.2.1 Since the layout of the rear lavatories is identical,

_ the study of the possibilities of a fire is equally valid for ei-

ther one.

The rest-rooms are not equipped with combustible mate-

rials. American regulations establish conditions to be met

so that a fire cannot be caused easily, but there is no re-

quirement regarding emissions of smoke.

The manufacturer states that these materials comply

with standard CAR 4B-381 in effect when the plane was

placed in service.

However, a flame test carried out on the flap of a waste-

elimination trap door recovered from one of the forward

lavatories which was little damaged by the fire, showed

that this element was easily inflammable.

However, the fixtures do not constitute the greatest

source of risk. The risk is present in the large quantity of

paper in the form of hand-towels, napkins, seat-covers, etc.

There are three main stores of paper in the rear

lavatories:

a) the cupboard located against the rear pressure bulk-

head. No electric circuit passes through this space. It

consists of an iron case the front of which can be lowered.

This front surface is pierced by a slot, forming a distributor

of seat-covers.

This cupboard is separated from the toilet by a space

which is usually empty.

b) the towel-distributor, located over the sink, on the

wall of the fuselage, midway in height between the sink and

the lavatory ceiling. No electric circuit passes through it. It

consists of a plastic, bulging drop-leaf. The drop-leaf has

several openings for the distribution of various products.

c) the sink, the inside of which serves for the disposal of

90

This rear surface is covered by a piece of sheet metal at-

tached to the fuselage couplings, assuring the continuity of

the inner covering of the fuselage in the lavoratories.

The side and top surfaces are made of agglomerated

wood. The front surface is made of plastic-covered wood.

The sink itself, the bow! and its back are made ofa

shaped sheet of stainless steel.

A perforated center partition divides the sink unit into

two compartments.

Under the sink bowl there is the electrical box, an elec-

trical control box and a water-heater protected by sheet

metal.

This space is also the receptacle for used papers. These

are normally thrown through a trap located over the back

of the sink and accumulated under the sink. There is no

wastepaper basket strictly speaking, probably because of

the pipes and cables which pass through this area. There is

only a bin, 5 em high, protecting the lower part of this

compartment.

The compartment next to it is occupied by metal drawers

used as receptacles for paper bags. These drawers are filled

through traps located on the front surface of the sink unit,

and are removed through the other compartment.

There is no electrical installation in this second part of

the sink unit. It should be noted that this second part does

not extend as far as the pressure bulkhead.

The presence of reinforcing corner plates, to the right of

the coupling of the rear dome, creates a horseshoe-shaped

space common to both rear lavatories and which is

unusable. This space extends from the floor of the port lav-

atory to the floor of the starboard lavatory, passing

through the ceiling of both lavatories.

This space is separated from the lavatories by a light

plastic-covered wooden fixture. The cables previously men-

tioned pass through the ceiling on their way to the tail

cone. Laterally, the only piece of equipment is the loud-

speaker for passenger announcements.

The partition dividing the sink unit and this space is per-

forated with a hole approximately 15 cm in diameter.

91

3.2.2 The risks of fire are increased by the fact that easi-

ly ignitable materials exist near a possible hot point.

The focal points of heat considered are either electrical in

origin or the result of a human failing, such as carelessly

throwing away a lighted cigarette butt.

Prior known incidents of electrical origin on the B-707,

other than the problem of the heating rods which became

known after the accident, involve the following points:

—Power supply for the razor

—Power supply for the fluorescent lighting of the mirror

—Power supply for the toilet flushing motor.

Except for the cabling of the razor socket, these circuits

are not near easily inflammable items.

Examination of the locaton of combustible items reveals

that the three storage areas for paper show different risks

of fire.

It would appear difficult for the two paper distributors to

become ignited electrically.

In addition, it is easy to throw a cigarette butt into the

distributor located over the sin [sic], but much more diffi-

cult to do so in the distributor located over the toilets.

Moreover, the piling up of papers in the distributors does

not facilitate combustion.

On the other hand, in the area used to throw soiled pa-

pers, all of the conditions are present for a cigarette butt or

electrical incident to trigger a fire, the seriousness of which

depends on the volume of papers accumulated therein.

In this particular accident, involving a long flight (11

hours) with almost total occupancy of the tourist class sec-

tion (97 passengers out of 109 available seats), it can rightly

be supposed that the space used to dispose of papers was

full

This long voyage also allows the possibility that many of

the used paper towels had had time to dry. The air, which

is normally extremely dry during flight, is heated inside the

sink unit by the heat losses of the water-heater.

Investigations following the accident of the PP-VJZ re-

vealed that space used for disposing of papers often con-

tained cigarette butts. This would seem to indicate that the

92

ashtray placed on the front surface of the sink unit was not

adequately visible.

In summary, the risk of fire has been established as

follows:

—Distributor over toilet: low risk

— Distributor over sink: average risk linked with passen-

ger carelessness

—Trash-disposal space: high risk, both in the eventuality

of passenger carelessness as well as in the eventuality of an

electrical incident.

3.2.3 During pressurized flight, the air circulates in the

lavatory as follows: the air arrives partly from the individu-

al vent, in part from the ceiling, in part from the center

aisle. It is evacuated from a collector located on the level of

the toilet seat and eliminated directly to the exterior.

If fire breaks out in one of the distributors, not only

would their structure prevent the smoke from escaping

elsewhere than in the lavatory, but the forced ventilation

could only bring the smoke back.

It should be pointed out that the forced ventilation did

not contribute to the propagation of the fire in its initial

stage.

The fire in the sink unit has different characteristics. The

volume of air in the unit and the wrinkling of the paper fa-

vor an extremely rapid development of the fire. This could

develop in three different directions:

—upwards toward the trash-disposdl trap

—laterally, toward the case containing the loud-speaker

—downwards if the sink’s plastic drain pipe

(depressurized) is perforated.

It should also be noted that the flexible piping connecting

the individual vent to its supply piping is made of flexible

rubber. It could rapidly deteriorate and create a owrant of

air directly on the source of the fire.

3.3 Discussion And Hypotheses Retained

3.3.1 First hypothesis: Fire in the port lavatory.

The fact that the passenger was leaving the port lavatory

indicates that the smoke had just begun to escape, other-

wise she would not have entered the lavatory.

93

If the fire originated in this lavatory, this would signify

that it had just started.

It is difficult to imagine that if the source of smoke origi-

nated from one of the distributors, it could not have been

located and that no flames were quickly seen.

It is more likely that the smoke originated from a fire in

the sink unit. The supposed short-circuit of the “Return to

seat” circuit would corroborate this hypothesis (see page

29).

One of the few objective indications consists of the stop-

page of the recorder the supply of which passes through the

ceiling of the starboard ‘avatory, then in the unused space

common to both lavatories and located over the toilets.

In order for this electric circuit to be cut off by fire in the

port lavatory—which occurred almost at the same time the

crew was signalling to ATC that there was a fire

aboard—the fire had to advance very rapidly in the unused

space and damage the cabling.

This appears doubtful, since there is little combustible

material in this area, and the draft is limited as long as the

case’s fixture is still in place.

3.3.2 Fire in the starboard lavatory.

The survivors indicated that the door of the starboard

lavatory was closed when the smoke was discovered, and

that no one opened this door thereafter.

It is certain that during pressurized flight and provided

that not too much smoke escapes, no odor, and therefore no

smoke would be detectable in the cabin if fire broke out in a

closed lavatory.

The time factor, which is especially troublesome in the

hypothesis of fire in the port lavatory, is no longer a prob-

lem in the hypothesis of a fire in the starboard lavatory.

The examination of the partitions of this forward lavato-

ry, which are of the same type, shows that they resist fire

well,

It is therefore possible that, when the smoke filtered into

the port lavatory, the development of the fire on the star-

board side was substantial. The ceiling of this lavatory is.

not highly resistant to fire. It can be thought that the fire

94

was already developing in the false ceiling, and this better

explains why the recorder stopped.

The fact that there was little escape of heat in the port

lavatory favors this hypothesis.

The violent invasion of smoke in the center aisle between

the lavatories corresponds to the breakage e* the vent

shafts supplying the ceiling vent for this aisle.

The advance of the fire toward the front can be explained

by the presence of lifesaving equipment above the galley

area, and by the nature of the cabin ceiling, made of

moulded plastic.

Although the hypothesis of a fire originating in the port

lavatory cannot be definitively excluded, it is more proba-

ble that the fire started and developed in the rear star-

board lavatory, most likely in the sink unit.

3.4 Action Taken By The Crew

Mechanic DIEFENTHALER, who was not on duty at

the time the smoke was discovered, played an important

role in the fire fighting effort undertaken by the cabin per-

sonnel as well as the cockpit personnel in an attempt to pre-

vent further development of the fire.

Although the cabin personnel intervened quickly with

fire extinguishers, their efforts were to no avail, since the

source of the fire was never located.

The hypothesis of a fire originating from an electrical in-

cident was plausible. The cutting off of all rest room cir-

cuits and the generation of non-essential power were logical

steps to take.

Increasing the altitude of the cabin is the recommended

method for accelerating the evacuation of smoke. This was

done.

Despite this, the smoke continued to advance. This pro-

gression, which was uneven in the cabin, led naturally to

the suspicion that there was a problem originating in the

air-conditioning sysem. Examination of the wreckage

shows that the emergency procedure for smoke emission

from the air-conditioning system had been begun.

The rapid development of events led the cockpit person-

nel to apply successively and partially, procedures relating

95

to various hypothesis and which were thereby not totally

consistent. When this fact is considered, it may be seen

that the actions of the crew were well-founded.

The cre

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Joint Appendix — United States v. SA Empresa De Viacao Aerea Rio Grandense · 467 U.S. 797 | Frix