# NTSB WPR14FA209: Kenneth A Berger Searey LSX, N249PW, Electric City, WA, May 24, 2014

- Type: NTSB accident investigation
- Classification: Accident · Fatal · Field investigation · Final report
- Date: May 24, 2014, 16:50 local (23:50 UTC)
- Place: Electric City, WA
- Coordinates: 47.872776, -119.116943 (estimated)
- Nearby events: https://openairdocs.org/map.md?lat=47.8728&lon=-119.1169&mi=10
- Phase of flight: [Takeoff](https://openairdocs.org/ntsb-phases/300) (OpenAirDocs' grouping)
- Defining event: [Takeoff: Loss of control in flight](https://openairdocs.org/ntsb-events/240)
- Highest injury: Fatal
- Injuries: 1 fatal
- Status: Completed, report June 9, 2016
- Report: Approved by Office Director
- NTSB office: Western Pacific Region
- Parties: FAA FSDO
- NTSB case key (mKey): 89265
- NTSB case page: https://web.ntsb.gov/investigations/?ntsbnumber=WPR14FA209
- NTSB report (PDF, downloads): https://data.ntsb.gov/carol-repgen/api/Aviation/ReportMain/GenerateNewestReport/89265/pdf
- NTSB docket: https://data.ntsb.gov/Docket?ProjectID=89265
- Page: https://openairdocs.org/ntsb/WPR14FA209

## Probable cause

The pilot’s failure to maintain pitch control during takeoff after encountering a boat wake, which resulted in the airplane bouncing, impacting the water’s surface, and subsequently becoming submerged.

## Findings

NTSB's coded findings; those marked are part of the probable cause.

- [Performance/control parameters: pitch control](https://openairdocs.org/ntsb-findings/01062022): Aircraft › Aircraft oper/perf/capability · Not attained/maintained (probable cause); cases with it: [Kenneth A Berger SEAREY LSX, 1 case](https://openairdocs.org/ntsb-findings/01062022/cases.md?model=05632Y2), [All aircraft, 526 cases](https://openairdocs.org/ntsb-findings/01062022/cases.md)
- [Use of equip/info: aircraft control](https://openairdocs.org/ntsb-findings/02063040): Personnel issues › Task performance · Pilot (probable cause); cases with it: [Kenneth A Berger SEAREY LSX, 1 case](https://openairdocs.org/ntsb-findings/02063040/cases.md?model=05632Y2), [All aircraft, 9,295 cases](https://openairdocs.org/ntsb-findings/02063040/cases.md)
- [Terrain: water](https://openairdocs.org/ntsb-findings/03021020): Environmental issues › Physical environment · Effect on operation (probable cause); cases with it: [Kenneth A Berger SEAREY LSX, 1 case](https://openairdocs.org/ntsb-findings/03021020/cases.md?model=05632Y2), [All aircraft, 97 cases](https://openairdocs.org/ntsb-findings/03021020/cases.md)
- [Info processing/decision: decision making/judgment](https://openairdocs.org/ntsb-findings/02041520): Personnel issues › Action/decision · Pilot; cases with it: [Kenneth A Berger SEAREY LSX, 1 case](https://openairdocs.org/ntsb-findings/02041520/cases.md?model=05632Y2), [All aircraft, 3,098 cases](https://openairdocs.org/ntsb-findings/02041520/cases.md)

## Sequence of events

The events NTSB coded, in order, by phase of flight. The defining event best describes what happened.

- [Takeoff: Loss of control in flight](https://openairdocs.org/ntsb-events/240) (defining event); cases with it: [Kenneth A Berger SEAREY LSX, 1 case](https://openairdocs.org/ntsb-events/240/sequence.md?model=05632Y2), [All aircraft, 5,002 cases](https://openairdocs.org/ntsb-events/240/sequence.md)
- [Takeoff: Collision with terr/obj (non-CFIT) ](https://openairdocs.org/ntsb-events/470); cases with it: [Kenneth A Berger SEAREY LSX, 1 case](https://openairdocs.org/ntsb-events/470/sequence.md?model=05632Y2), [All aircraft, 10,189 cases](https://openairdocs.org/ntsb-events/470/sequence.md)

## Analysis

According to witnesses, the private pilot of the experimental, amateur-built, high-wing, amphibious airplane was attempting to take off from the lake, which was choppy due to numerous boat wakes. Witnesses reported that the airplane started a high-speed run but that the engine then throttled back, and the airplane turned toward the beach. The airplane then abruptly turned 180 degrees and started another high-speed run. While on the step for the final takeoff attempt, the airplane encountered a boat wake, bounced 4 to 5 ft, and then abruptly nosed down into the lake. The airplane came to an abrupt stop with a 20- to 30-ft-high splash. When witnesses arrived in their boats, the airplane's high wings were level with the water's surface, and the aft-facing, pylon-mounted engine was still running. Swimmers entered the water and recovered the pilot from the submerged cabin. Shortly thereafter, the airplane sank. The submerged airplane could not be located during a subsequent search by local law enforcement, and the wreckage was not recovered.

## Factual narrative

The airplane was an experimental amateur-built, tailwheel-equipped, high wing, amphibious Searey LSX, with a full flotation hull and retractable main landing gear. The airplane was powered by an aft-facing, pylon mounted Rotax 914 series engine, with a three-bladed composite pusher propeller. No Airframe or engine logbooks were discovered for examination. A pilot friend, and a family member of the pilot, were observing the takeoff from a beach at the lake, and were in communication with the pilot via a handheld aviation communication radio. Their last communication with the pilot was to inform him that the airplane looked lower in the water than usual, and requested him to return to the beach. The airplane then turned toward the beach and appeared to be returning at a normal water taxi speed. Without further radio communication, the airplane abruptly turned away from the beach, added takeoff power, and made the final takeoff attempt. On May 24, 2014 about 1650 Pacific daylight time, an experimental, amateur built, Searey LSX amphibious airplane, N249PW, sustained substantial damage during takeoff at Banks Lake, about 5 miles southwest of Electric City, Washington. The airplane was owned and being operated by the pilot as a visual flight rules personal cross-country flight under the provisions of 14 Code of Federal Regulations Part 91. Visual meteorological conditions prevailed at the time of the accident, and the solo pilot received fatal injuries. The airplane was departing Banks Lake bound for Lake Washington, near Seattle, Washington. On May 25, witnesses at Banks Lake told the National Transportation Safety Board (NTSB) investigator-in-charge (IIC) that the airplane had arrived at Banks Lake on Thursday, May 22. After landing the pilot had lowered the land wheels with the intent to taxi the airplane on to a beach. Approaching the beach the left main landing gear wheel struck a submerged berm damaging the landing gear and its supporting structure. The pilot, who was authorized to perform maintenance on the airplane, spent the next several days making temporary repairs, which included tying the damaged left landing gear leg, up to the left wing lift strut, and repairing a leaking through hull boot with tape. After completing the repairs, the pilot attempted to takeoff from the lake. On May 26, an additional witness told the NTSB IIC that he was on the lake fishing from his boat, when he heard and saw the airplane attempt to takeoff. He said the airplane started a high speed run but then the engine throttled back and the airplane turned toward the beach; as if returning to the beach. Then the airplane abruptly turned 180 degrees and started another high speed run. He said the water was choppy with the addition of numerous boat wakes. He said he thought the airplane was going 40-50 miles per hour when it encountered boat wake, the airplane bounced 4-5 feet in the air and then abruptly nosed down into the lake. The airplane came to an abrupt stopwith a 20-30 foot high splash. The witness headed his boat toward the airplane. When he arrived the airplane's high wings were level with the surface of the water, and the pylon mounted engine was still running. Another boat had arrived prior to his, and swimmers were in the water attempting to recover the pilot from the submerged cabin. A postmortem examination of the pilot was performed under the authority of the Grant County Coroner, Moses Lake Washington, on May 2014. The examination determined that the cause of death was attributed to fresh water drowning, a significant finding was blunt force head trauma, and the manner of death was an accident. Toxicology was performed at the Mike Monroney Aeromedical Center, Oklahoma City, Oklahoma, on July 1, 2014. No evidence of drugs or other abnormalities were noted. The weather at the time of the accident was above basic visual flight rules minimums, and not considered a factor in this accident. The 60 year old pilot held a Private Pilot Certificate with ratings for; Airplane Single Engine Land, Airplane Single Engine Sea, Instrument Airplane, and Repairman Experimental Aircraft Builder. No personal flight logbooks were discovered for the pilot, and the aeronautical experience listed was obtained from a review of the pilot's FAA records on file at the Airman and Medical Records Center in Oklahoma City. During his last FAA medical examination dated 7/18/2013 the pilot reported his flight experience included 861.3 total hours of flight experience, with 15.1 hours having been flown within the previous 6 months. The pilot was issued a Class 3, Limited Medical Certificate, with the stipulation that he must wear corrective lenses for near and distant vision. The airplane was observed and photographed by witnesses (boaters) before, during, and after the accident. The only wreckage of the airplane recovered from the lake was a section about 6 feet long, and 4 feet wide. The section was of the composite hull bottom, from the aft hull-step forward, and appeared to have separated along the bottom to side joint. Photographs provided to the NTSB IIC by witnesses included, preaccident photos of the airplane at the beach undergoing repairs from the previous water taxi damage, a photograph of the airplane on the step during the final takeoff attempt, and a photograph of the airplane after impact with the water. In the final photograph the airplane is shown upright, with the high wings laying on the surface of the water, and the cabin area was submerged. The engine appeared intact and in place on the engine pylon. Witnesses reported that the engine was still running as boats approached following the accident. The elevator, vertical stabilizer and rudder appeared intact. Swimmers cut the submerged pilot free from his harness and brought him to the surface, where he was placed in a boat and taken to a boat ramp where medical help was waiting. Shortly thereafter the airplane sank in about 50 feet deep water. Asubsequent search by local law enforcement using boats and divers, was unable to locate the submerged airplane. The airplane wreckage was not recovered from the lake.

## Aircraft

- Registration: [N249PW](https://openairdocs.org/deregistered/N249PW-2019-02-05), registration cancelled 2019-02-05, S/N 1LK485C, built 2013 (OpenAirDocs)
- Reported make and model: KENNETH A BERGER SEAREY LSX (NO SERIES)
- Registry model: [Kenneth A Berger SEAREY LSX](https://openairdocs.org/model/kenneth-a-berger-searey-lsx) (registry code 05632Y2) (OpenAirDocs)
- Registry engine: [Rotax 914 series](https://openairdocs.org/engine/rotax-914-series) (registry code 55575, 4 cycle) (OpenAirDocs)
- Category: Airplane, amateur-built
- Serial number: 1LK485C
- Year built: 2013
- Engines: Rotax 914 reciprocating
- Damage: Substantial damage
- Flight: Personal, Part 91
- Operator: Berger Kenneth A
- Registered owner: Berger Kenneth A
- Airworthiness certificate: Special, Experimental (Special)
- Departed: Electric City, WA
- Destination: Monroe, WA
- Equipment: Unknown

## Flight crew

As NTSB recorded them. NTSB leaves out names.

- Pilot; age 60; injuries: fatal; private; airplane ratings: single-engine sea, single-engine land; instrument ratings: airplane; medical: class 3, with waivers/limitations; seat: left; restraint: 3-point; toxicology performed; flight hours: 861 total

## Weather

- Conditions: Visual (VMC), Day
- Visibility: 10 statute miles
- Lowest ceiling: none
- Temperature: 77 °F

## 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 20140524008009A](https://openairdocs.org/incident/20140524008009A), May 24, 2014: Kenneth A Berger SEAREY LSX, Steamboat Rock, WA, Destroyed, 1 fatal. The pilot had attempted to repair the left main gear seal (water to fusalage) with epoxy and electrical tape after being damaged during beaching. During the…

## Docket (2 files)

The files NTSB released with the investigation on May 23, 2016, on NTSB's docket system: https://data.ntsb.gov/Docket?ProjectID=89265. 1.3 MB in all.

- Witness Statements (item 1, .PDF, 101 KB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40440318&FileExtension=.PDF&FileName=Witness%20Statements-Master.PDF
- Photographs (item 2, .PDF, 5 photos, 1.2 MB): https://data.ntsb.gov/Docket/Document/docBLOB?ID=40440320&FileExtension=.PDF&FileName=Photographs-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.

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