# NTSB DEN08LA098: Harms Robert M KIT FOX SE, N40120, La Porte, TX, June 2, 2008 - Type: NTSB accident investigation - Classification: Accident · Fatal · Limited investigation · Final report - Date: June 2, 2008, 14:12 local (19:12 UTC) - Place: La Porte, TX - Coordinates: 29.67, -95.063331 (estimated) - Nearby events: https://openairdocs.org/map.md?lat=29.6700&lon=-95.0633&mi=10 - Phase of flight: [Approach](https://openairdocs.org/ntsb-phases/500) (OpenAirDocs' grouping) - Defining event: [Approach-VFR pattern crosswind: Loss of control in flight](https://openairdocs.org/ntsb-events/240) - Highest injury: Fatal - Injuries: 2 fatal - Status: Completed, report March 5, 2009 - Report: Approved by Office Director - Parties: FAA - NTSB case key (mKey): 68151 - NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=DEN08LA098 - NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/68151/pdf - NTSB docket: https://data.ntsb.gov/Docket?ProjectID=68151 - Page: https://openairdocs.org/ntsb/DEN08LA098 ## Probable cause The pilot's failure to maintain adequate airspeed while maneuvering, resulting in an aerodynamic stall and uncontrolled descent. ## Findings NTSB's coded findings; those marked are part of the probable cause. - [Use of equip/info: aircraft control](https://openairdocs.org/ntsb-findings/02063040): Personnel issues › Task performance · Pilot (probable cause); cases with it: [Harms Robert M KIT FOX SERIES 5, 1 case](https://openairdocs.org/ntsb-findings/02063040/cases.md?model=05614CU), [All aircraft, 9,295 cases](https://openairdocs.org/ntsb-findings/02063040/cases.md) - [Performance/control parameters: airspeed](https://openairdocs.org/ntsb-findings/01062010): Aircraft › Aircraft oper/perf/capability · Not attained/maintained (probable cause); cases with it: [Harms Robert M KIT FOX SERIES 5, 1 case](https://openairdocs.org/ntsb-findings/01062010/cases.md?model=05614CU), [All aircraft, 1,681 cases](https://openairdocs.org/ntsb-findings/01062010/cases.md) ## Sequence of events The events NTSB coded, in order, by phase of flight. The defining event best describes what happened. - [Approach-VFR pattern crosswind: Loss of control in flight](https://openairdocs.org/ntsb-events/240) (defining event); cases with it: [Harms Robert M KIT FOX SERIES 5, 1 case](https://openairdocs.org/ntsb-events/240/sequence.md?model=05614CU), [All aircraft, 5,002 cases](https://openairdocs.org/ntsb-events/240/sequence.md) - [Approach-VFR pattern crosswind: Aerodynamic stall/spin](https://openairdocs.org/ntsb-events/241); cases with it: [Harms Robert M KIT FOX SERIES 5, 1 case](https://openairdocs.org/ntsb-events/241/sequence.md?model=05614CU), [All aircraft, 1,529 cases](https://openairdocs.org/ntsb-events/241/sequence.md) - [Uncontrolled descent: Collision with terr/obj (non-CFIT) ](https://openairdocs.org/ntsb-events/470); cases with it: [Harms Robert M KIT FOX SERIES 5, 1 case](https://openairdocs.org/ntsb-events/470/sequence.md?model=05614CU), [All aircraft, 10,189 cases](https://openairdocs.org/ntsb-events/470/sequence.md) ## Analysis The pilot was flying the experimental homebuilt airplane with a potential buyer for the airplane who was a pilot-rated passenger. The pilot had flown the airplane 45 minutes the morning of the accident, but had not flown the airplane for the year preceding the accident. The pilot-rated passenger had no experience in the airplane. After 10 to 15 minutes of flight, witnesses observed the airplane making a climbing left turn about 1,000 feet in the air when the airplane suddenly nosed over near vertical, consistent with an aerodynamic stall. The airplane impacted an open field at a near 45-degree angle and burned in a postimpact fire. Examination of the aircraft did not reveal any preimpact anomalies. ## Factual narrative HISTORY OF FLIGHT On June 2, 2008, at 1412 central daylight time, a Robert Harms, Kitfox Series V experimental airplane, N40120 impacted terrain one-half mile northeast of the La Porte Municipal Airport (T41), La Porte, Texas. The commercial pilot and pilot-rated passenger were fatally injured. The airplane was destroyed. The personal flight was being conducted under the provisions of Title 14 Code of Federal Regulations Part 91 without a flight plan. Visual meteorological conditions prevailed at the time of the accident. The local flight departed T41 at approximately 1355. The pilot was flying with a potential buyer of the airplane, who was a pilot-rated passenger. The pilot was flying on behalf of the airplane's owner, who was not qualified to fly the airplane. After 10 to 15 minutes of flight, witnesses observed the airplane making a climbing left turn at approximately 1,000 feet when the airplane suddenly nosed over near vertical. The airplane impacted an open field at a near 45-degree angle and burned in post-impact fire. Air traffic control radar data shows the airplane making a left hand turn and airspeed slowing from approximately 80 knots to 61 knots during the last 90 seconds of data. Altitude information was unreliable. The pilot was the primary pilot for N40120 and had flown it with the owner for 45 minutes the morning of the accident. Prior to the morning flight, the pilot had not flown N40120 for approximately one year. PERSONNEL INFORMATION The 74-year old pilot occupied the right seat and held a commercial pilot certificate with ratings for airplane single-engine land, airplane multi-engine land and instrument airplane. His last Federal Aviation Administration (FAA) third-class medical was issued on May 17, 2006, with the limitation of "MUST WEAR CORRECTIVE LENSES." According to Title 14 Code of Federal Regulations, Part 61.23 states a Third Class medical examination expires the 24th month after the month of the date of the examination shown on the certificate. The pilot's logbook was destroyed by post-impact fire. The pilot reported 3,736 total hours on his last medical examination. His last noted flight review was May 26, 2006. According to Title 14 Code of Federal Regulations, Part 61.56 states a pilot must accomplish a flight review within 24 months of their last flight review in order to act as pilot in command. PILOT-RATED PASSENGER INFORMATION The pilot-rated passenger, age 55, occupied the left seat and held a private pilot's license with an airplane single engine land rating. His pilot certificate was issued January 27, 1988. His last third class medical examination was issued in May, 1987, with the restriction "Valid for 9 months following the month examined." A review of the pilot-rated passenger's logbook indicated he had accumulated approximately 94 total flight hours between January, 1988 and March 29, 2008. He had accumulated approximately 90 hours between June 22, 2005, and March 29, 2008, in a Cessna 172 airplane that was registered in his name. His logbook did not indicate any time flown in any other airplanes after June 22, 2005. There was no record of when his last flight review had occurred. AIRCRAFT INFORMATION The 2004 Harmes Kitfox Series V experimental airplane, serial number S9909-0215, was a high wing airplane with a fixed, tail wheel landing gear and was configured for two occupants. The airplane was powered by a four stroke, four cylinder, liquid cooled, gasoline engine. The engine was a Subaru 2.2L, rated at 135 horsepower and was driving a two-bladed fixed pitch Ivoprop propeller. The airplane was configured with a one-degree forward wing sweep. According to the airplane's owner and builder, the airplane's most recent annual inspection was completed on November 15, 2007. At the time of the accident, the airframe had accumulated approximately 165 total hours. Kitfox Aircraft, LLC manufactures Kitfox Series V airplane kits. According to the weight and balance spreadsheet located on their website, the Series V kits have a maximum gross weight of 1,550 pounds. Kitfox Aircraft, LLC personnel indicated the Kitfox V gross weight limit of 1,550 pounds had been established as the structural limit at +6g and -3g and was the flight tested limit. N40120 was certified with a maximum gross weight of 1,711 pounds, an empty weight of 1,038 pounds and empty center of gravity (CG) of +8.4 inches. According to weight and balance computations performed by FAA personnel, the airplane weighed 1,575 pounds and had a CG of 12.06 at the time of the accident. The kit manufacturer recommended CG range was 9.96 to 14.75. WRECKAGE AND IMPACT INFORMATION The wreckage was located in a field adjacent to Avenue H, La Porte, Texas, approximately six-tenths of a mile northeast of the center of T41. The fuselage was located 16 feet west of the initial ground contact point aligned on a 180-degree heading. Linear ground scars consistent with propeller strikes were located near the initial impact point. Propeller blade one was attached to the propeller hub and was mostly splintered. Propeller blade two was attached to the propeller hub at an approximate 45-degree angle, consistent with clockwise rotation, and was mostly splintered. The forward cockpit and engine were separated from the fuselage and located adjacent to the fuselage. The left wing structure was located on top of the fuselage and was aligned with the fuselage. Both the forward and aft spars were sheared. The right wing structure lay next to the fuselage on the right side with the forward spar bent aft 45 degrees and the aft spar sheared at the fuselage. The vertical stabilizer and rudder were bent 90 degrees to the right. All portions of the airplane exterior and portions of the fuselage, cockpit, wings and empennage structure were consumed by post-impact fire. There was no evidence found of in-flight fire. The left and right aileron control tubes, stabilizer control tube, and left and right flaperon control tubes were sheared and melted. FAA investigators found "no [anomolies] with flight controls or structures that would contribute to the accident." MEDICAL AND PATHOLOGICAL INFORMATION PILOT The Office of the Medical Examiner of Harris County, located in Houston, Texas, performed an autopsy on the pilot on June 3, 2008. Cause of death was determined to be blunt force trauma. The FAA Toxicology Accident Research Laboratory, located in Oklahoma City, Oklahoma, conducted toxicological testing on the pilot. Testing results for carbon monoxide, cyanide, and ethanol were negative. The pilot tested positive for the following drugs: 7.438 (ug/ml, ug/g) Acetaminophen detected in blood 0.233 (ug/ml, ug/g) Tramadol detected in blood Tramadol detected in urine The pilot's most recent application for 3rd Class Airman Medical Certificate notes "Yes" for "Do you currently use any medication," and indicates "Benazepril 5mg/day; Inadamide 2.5mg/day; Centrum Silver Vitamin; Vitamin E." Under "Comments on History and Findings" is noted in part, "cataract surgery right eye...high blood pressure...back surgery...colon surgery removed cancer growth 2/24/1999..." Under "Visits to Health Professional Within Last 3 Years" is noted in part, "back pain-physical therapy 5/216/05...consult on back pain 6/12/06 more physical therapy." The following information was extracted from the records maintained on the pilot by his orthopedic surgeon: 10/6/06 - A description of symptoms completed by the pilot noted, in part, "I had back surgery about three years ago. I had no back pain for about a year and a half. It has gradually worsened." Under "How do you rate your pain on a scale of 1 to 10, the number "7" is circled. Under "current medications" is listed, in part, "Tramadol 50 mg tablet, 1 to 2 tablets 4 times a day." The following information was extracted from the ## Aircraft - Registration: [N40120](https://openairdocs.org/deregistered/N40120-2009-09-23), registration cancelled 2009-09-23, S/N S9909-0215, built 1999 (OpenAirDocs) - Reported make and model: HARMS ROBERT M KIT FOX SE - Registry model: [Harms Robert M KIT FOX SERIES 5](https://openairdocs.org/model/harms-robert-m-kit-fox-series-5) (registry code 05614CU) (OpenAirDocs) - Registry engine: [Amateur-built UNKNOWN ENG](https://openairdocs.org/engine/amateur-built-unknown-eng) (registry code 99999) (OpenAirDocs) - Category: Airplane, amateur-built - Serial number: S9909-0215 - Airframe hours: 147 - Engines: AMA/EXPR UNKNOWN ENG reciprocating - Damage: Destroyed - Fire: On-Ground - Flight: Personal, Part 91 - Operator: Harms Robert M Trustee, doing business as Robert M. Harms - Registered owner: Harms Robert M Trustee - Airworthiness certificate: Special, Experimental (Special) - Last inspection: Annual, May 17, 2006 - Departed: T41, La Porte, TX - Destination: T41 - Airport: T41, La Porte Municipal Airport ## Flight crew As NTSB recorded them. NTSB leaves out names. - Pilot; age 74; injuries: fatal; commercial; airplane ratings: multi-engine sea, single-engine land; instrument ratings: airplane; medical: class 3, with waivers/limitations; last flight review May 26, 2006; seat: right; toxicology performed - Co-pilot; age 55; injuries: fatal; private; airplane ratings: single-engine land; medical: class 3, with waivers/limitations; seat: left; toxicology performed; flight hours: 94 total ## Weather - Conditions: Visual (VMC) - Wind: 180° at 12 knots - Visibility: 10 statute miles - Lowest ceiling: 45 ft broken - Temperature: 95 °F, dew point 72 °F - Altimeter: 29.95 inHg - Observed at: kefd ## 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 20080602834239A](https://openairdocs.org/incident/20080602834239A), Jun 2, 2008: Amtr KITFOXV, La Porte, TX, Destroyed, 2 fatal. (-23) At 1415 on June 2, 2008 VFR conditions partly cloudy, with wind 12 knots from 180 a certificated experimental aircraft, kit fox, serial number… ## Other investigations on N40120 (1) 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. - [NTSB DFW06CA003](https://openairdocs.org/ntsb/DFW06CA003), Oct 5, 2005: Harms KitFox Series 5 (N40120), La Porte, TX, substantial damage. Probable cause: The pilot's failure to obtain/maintain adequate airspeed on takeoff, which resulted in two hard landings and subsequent loss of control. ## Docket (16 files) The files NTSB released with the investigation on January 14, 2009, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=68151. 20.4 MB in all. - Medical Records Information (item 1, .PDF, 18 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40302860&FileExtension=.PDF&FileName=Medical%20Records%20Information-Master.PDF - Release of Aircraft Wreckage, NTSB Form 6120.15 (item 2, .PDF, 69 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304013&FileExtension=.PDF&FileName=Release%20of%20Aircraft%20Wreckage,%20NTSB%20Form%206120.15-Redacted.PDF - Toxicological Report (item 3, .PDF, 132 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304014&FileExtension=.PDF&FileName=Toxicological%20Report-Master.PDF - Toxicological Report (item 4, .PDF, 109 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304015&FileExtension=.PDF&FileName=Toxicological%20Report-Master.PDF - Pilot/Operator Aircraft Accident Report, NTSB Form 6120.1 (item 5, .PDF, 708 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304022&FileExtension=.PDF&FileName=Pilot%2FOperator%20Aircraft%20Accident%20Report,%20NTSB%20Form%206120.1-Redacted.PDF - Reports from Federal Agencies (item 6, .PDF, 348 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304016&FileExtension=.PDF&FileName=Reports%20from%20Federal%20Agencies-Redacted.PDF - Reports from Federal Agencies (item 7, .PDF, 192 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304017&FileExtension=.PDF&FileName=Reports%20from%20Federal%20Agencies-Redacted.PDF - Witness Statement (item 8, .PDF, 21 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304018&FileExtension=.PDF&FileName=Witness%20Statement-Master.PDF - Witness Statement (item 9, .PDF, 17 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304019&FileExtension=.PDF&FileName=Witness%20Statement-Master.PDF - Witness Statement (item 10, .PDF, 18 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304020&FileExtension=.PDF&FileName=Witness%20Statement-Master.PDF - Witness Statement (item 11, .PDF, 18 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304021&FileExtension=.PDF&FileName=Witness%20Statement-Master.PDF - Miscellaneous (item 12, .PDF, 179 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304023&FileExtension=.PDF&FileName=Miscellaneous-Master.PDF - Photo (item 13, .PDF, 5.8 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304024&FileExtension=.PDF&FileName=Photo-Master.PDF - Photo (item 14, .PDF, 5.0 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304025&FileExtension=.PDF&FileName=Photo-Master.PDF - Photo (item 15, .PDF, 7.0 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304026&FileExtension=.PDF&FileName=Photo-Master.PDF - Photo (item 16, .PDF, 706 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40304027&FileExtension=.PDF&FileName=Photo-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.