# NTSB CEN09CA493: Diamond Aircraft Ind DA 40, N544DS, Cape Girardeau, MO, July 14, 2009 - Type: NTSB accident investigation - Classification: Accident · Minor injuries · Data collection · Final report - Date: July 13, 2009, 21:15 local (Jul 14, 2009, 02:15 UTC) - Place: Cape Girardeau, MO - Coordinates: 37.225276, -89.570831 (estimated) - Nearby events: https://openairdocs.org/map.md?lat=37.2253&lon=-89.5708&mi=10 - Phase of flight: [Taxi](https://openairdocs.org/ntsb-phases/250) (OpenAirDocs' grouping) - Defining event: [Taxi: Ground collision](https://openairdocs.org/ntsb-events/200) - Highest injury: Minor injuries - Injuries: 1 minor - Status: Completed, report October 19, 2009 - Report: Approved by Office Director - NTSB office: Central Region - Parties: Federal Aviation Administration - NTSB case key (mKey): 74444 - NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=CEN09CA493 - NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/74444/pdf - NTSB docket: https://data.ntsb.gov/Docket?ProjectID=74444 - Page: https://openairdocs.org/ntsb/CEN09CA493 ## Probable cause The airplane's inoperative brakes while taxiing. Contributing to the accident was the pilot's inadequate preflight. ## Findings NTSB's coded findings; those marked are part of the probable cause. - [Landing gear system: brake](https://openairdocs.org/ntsb-findings/01023242): Aircraft › Aircraft systems · Inoperative (probable cause); cases with it: [Diamond Aircraft Ind DA 40, 2 cases](https://openairdocs.org/ntsb-findings/01023242/cases.md?model=2990002), [All aircraft, 297 cases](https://openairdocs.org/ntsb-findings/01023242/cases.md) - [Object/animal/substance: ground vehicle](https://openairdocs.org/ntsb-findings/03022025): Environmental issues › Physical environment · Ability to respond/compensate; cases with it: [Diamond Aircraft Ind DA 40, 2 cases](https://openairdocs.org/ntsb-findings/03022025/cases.md?model=2990002), [All aircraft, 132 cases](https://openairdocs.org/ntsb-findings/03022025/cases.md) ## Sequence of events The events NTSB coded, in order, by phase of flight. The defining event best describes what happened. - [Prior to flight: Aircraft maintenance event](https://openairdocs.org/ntsb-events/040); cases with it: [Diamond Aircraft Ind DA 40, 2 cases](https://openairdocs.org/ntsb-events/040/sequence.md?model=2990002), [All aircraft, 484 cases](https://openairdocs.org/ntsb-events/040/sequence.md) - [Taxi: Sys/Comp malf/fail (non-power)](https://openairdocs.org/ntsb-events/330); cases with it: [Diamond Aircraft Ind DA 40, 2 cases](https://openairdocs.org/ntsb-events/330/sequence.md?model=2990002), [All aircraft, 994 cases](https://openairdocs.org/ntsb-events/330/sequence.md) - [Taxi: Ground collision](https://openairdocs.org/ntsb-events/200) (defining event); cases with it: [Diamond Aircraft Ind DA 40, 3 cases](https://openairdocs.org/ntsb-events/200/sequence.md?model=2990002), [All aircraft, 618 cases](https://openairdocs.org/ntsb-events/200/sequence.md) ## Analysis The pilot flew his airplane to a mechanic at a fixed base operator (FBO) for repairs to the airplane's brakes. The pilot reported that next day he called the mechanic and the mechanic indicated that the repairs would be complete and the airplane could be picked up later in the day. The pilot called the FBO where the person at the front desk found his keys and indicated that they would be waiting for him at the front desk. There was no note on the keys indicating that the repairs were not complete. The pilot did not detect that the brakes were not repaired during his preflight. The airplane did not stop when pressure was applied to both brakes during the taxi and it impacted a standing fuel truck. The pilot said that the mechanic left him a voice mail message indicating the brakes had not been repaired and that parts would be in the next day; however, he was not aware of the mechanic's message until after the accident occurred. ## Factual narrative The pilot flew his airplane to a mechanic at a fixed base operator (FBO) for repairs to the airplane's brakes. The pilot reported that next day he called the mechanic and the mechanic indicated that the repairs would be complete and the airplane could be picked up later in the day. He told the mechanic that he would pick up the plane that evening. The pilot said that he called the FBO where the person at the front desk found his keys and indicated that they would be waiting for him at the front desk. There was no note on the keys indicating that the repairs were not complete. The pilot preflighted the airplane and the brakes and wheels appeared normal. The brakes were "firm" when pressure was applied. The airplane was started and the pilot proceeded to taxi the airplane. He stated that the airplane did not stop when pressure was applied to both brakes. The airplane sustained substantial damage when it impacted a standing fuel truck. The pilot said that the mechanic left him a voice mail message indicating the brakes had not been repaired and that parts would be in the next day. According to the pilot, he was not aware of the mechanic's message until after the accident. ## Aircraft - Registration: [N544DS](https://openairdocs.org/deregistered/N544DS-2026-05-05), registration cancelled 2026-05-05, S/N 40044, built 2001 (OpenAirDocs) - Reported make and model: DIAMOND AIRCRAFT IND GMBH DA 40 - Registry model: [Diamond Aircraft Ind DA 40](https://openairdocs.org/model/diamond-aircraft-ind-da-40) (registry code 05611H8) (OpenAirDocs) - Registry engine: [Lycoming I0360 SER A&C](https://openairdocs.org/engine/lycoming-i0360-ser-a-c) (registry code 41511, reciprocating) (OpenAirDocs) - Category: Airplane - Serial number: 40044 - Airframe hours: 680 - Engines: LYCOMING IO-360 M1A 200 horsepower reciprocating - Damage: Substantial damage - Flight: Personal, Part 91 - Operator: Stone Kenneth D - Registered owner: Stone Kenneth D - Airworthiness certificate: Standard, Normal - Last inspection: Annual, October 3, 2008 - Departed: CGI, Cape Girardeau, MO - Destination: DXE, Dexter, MO - Airport: CGI, Cape Girardeau Regional Airpor ## Flight crew As NTSB recorded them. NTSB leaves out names. - Pilot; age 49; injuries: none; private; airplane ratings: single-engine land; medical: class 3, without waivers/limitations; seat: left; flight hours: 181 total, 131 in this make and model, 109 as pilot in command, 45 in the last 90 days, 25 in the last 30 days, 1 in the last 24 hours ## Weather - Conditions: Visual (VMC), Night - Observed at: CGI ## FAA reports on this event (1) The FAA's own accident and incident reports, matched to the aircraft by N-number and date (OpenAirDocs). - [Accident 20090713012299A](https://openairdocs.org/incident/20090713012299A), Jul 13, 2009: Diamon DA40, Cape Girardeau, MO, Substantial damage. (-23) The aircraft, N544DS, was involved in a ground accident with a parked fuel truck on the evening of July 13, 2009. The pilot stated he was under the… ## Docket (1 files) The files NTSB released with the investigation on August 20, 2009, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=74444. 963 KB in all. - Pilot/Operator Aircraft Accident Report, NTSB Form 6120.1 (item 1, .PDF, 963 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40317602&FileExtension=.PDF&FileName=Pilot%2FOperator%20Aircraft%20Accident%20Report,%20NTSB%20Form%206120.1-Master.PDF From the NTSB's public API. Aircraft are matched to registry aircraft by N-number and event date, checked against the reported serial number, make and model; the registry's history has gaps, so older matches can be wrong. Compare the reported make and model. --- OpenAirDocs.org is an independent research project of [Contrail Labs](https://contraillabs.com/). It is not affiliated with the FAA or the NTSB. Source documents are U.S. government works in the public domain.