Lawsuit in Hope co-ed plane crash death

GRAND RAPIDS, Mich. (WOOD) - The father of a Hope College student who died in a 2010 plane crash is now suing the federal government, claiming negligence by the Federal Aviation Administration and its employees led to the death of his daughter.

Emma Biagioni of St. Charles, Illinois died in the Jan. 17, 2010 crash. The plane was piloted by classmate David Otai of Nairobi, Kenya.

In the lawsuit, Biagioni's father Peter states Otai called Muskegon Flight Command after getting lost in fog. The first call was not answered because, according to the lawsuit, the controller was away from her duty station.

Otai tried again 30 seconds later and received a response from the controller, at which point the suit says Otai asked for vectors to Runway 8 at Tulip City Airport.

The suit claims the controller didn't understand the request, and instead gave Otai a radio frequency to reach Tulip City Airport. However, the frequency given was wrong. After that frequency failed, Otai asked again and was given a second frequency, which was also wrong.

The suit claims when Otai contacted Flight Control a third time, he was given a frequency for Lansing so he could file a flight plan. Otai reiterated that he was caught in fog and wanted radar vectors to Tulip City Airport.

Otai then declared an emergency and lost contact with Muskegon Flight Control just after 10:04 a.m.

The plane crashed in a field near Tulip City Airport, killing all aboard.

In the recently-filed federal lawsuit, Biagioni's estate claims the FAA air traffic controllers were negligent in their duties in responding to Otai's requests. The suit claims had the controllers responded appropriately, then Otai would have been able to find the runway and land.

The lawsuit accuses the FAA of negligence and gross negligence resulting in wrongful death. The suit seeks financial damages.

The NTSB investigation of the crash found a number of pilot errors, including possible fatigue and a lack of updated certifications.