Student Pilot’s Family Files Wrongful Death Lawsuit

A legal team representing the family of Ohio County, Kentucky flight student Connor Quisenberry has filed a wrongful death lawsuit against several flight schools and instructors involved in his training. Quisenberry was 18 years old on Sept. 27, 2023, when he and his instructor, Timothy McKellar, 22, were killed in the crash of their Piper PA-28 Cherokee near Owensboro, Kentucky.

The accident was noteworthy due to numerous social media photo and video posts McKellar made during the lesson that were disparaging toward Quisenberry. McKellar, who received his certified flight instructor (CFI) rating four and a half months earlier, was not Quisenberry’s regular instructor and it was the first time they had flown together. The instructional flight involved a night cross-country round trip to Bowling Green Airport (KBWG) from Owensboro-Daviess County Airport (KOWB). On the return flight to KOWB, the Cherokee flew into severe thunderstorms, ultimately breaking up in flight.

The lawsuit alleges that McKellar failed to maintain “a safe and professional environment” during the flight and “was taking photos and videos and posting to his Snapchat social media account, making disparaging comments about Connor, expressing his impatience with Connor not being faster, and the fact that McKellar needed to get up early in the morning.” The suit further alleges that McKellar was aware of dangerous weather conditions but continued with the flight leading to the fatal crash.

In the lawsuit, counsel representing Quisenberry’s family named as defendants  Owensboro, Kentucky-based Eagle Flight Academy LLC, which employed McKellar and operated the Cherokee. Also named were Florida-based ATP Flight Academy LLC, Florida-based Airline Transport Professionals Holdings LLC, Georgia-based Airline Transport Professionals Inc. and ATP USA Inc., who collectively “hold themselves out to the public as 'ATP Flight School' and/or 'ATP.'"

Regarding the corporate relationship connecting the various business entities, the suit further states, “Although Plaintiffs do not yet have detailed information as to the specific capacities in which ATP utilizes each of these various corporate entities, upon information and belief, each of these ATP entities is associated with each of the other ATP entities as agent, partner, joint venturer, alter ego, instrumentality and/or subsidiary, and each of these ATP entities is legally responsible in some manner for the events and damages alleged in this Complaint.”

According to the suit, “McKellar was employed by ATP for a brief period as a CFI but despite having been trained and certified at ATP Louisville Flight School, he was discharged from employment by ATP due to unsatisfactory performance as a CFI. Upon information and belief, ATP was actually aware or had reason to be aware of McKellar’s disregard for safety and professionalism in operating an aircraft and as a flight instructor, including during training exercises where he was pilot-in-command with a student pilot as a passenger.”

The lawsuit requested a trial by jury “on all counts so triable,” an award of compensation and punitive damages, with post-judgment interest, plaintiffs’ costs and “all other relief to which the Plaintiffs appear entitled.”

The National Transportation Safety Board Preliminary Report on the accident is posted below.