A Beechcraft A-36 Bonanza departed JFK Airport in New York on a rainy night returning home to Cleveland where their families awaited their return.

The pilot, Boruch Taub and his passenger Binyamin Chafetz took off on a routine flight when all of a sudden, the aircraft lost its climb rate and on-board diagnostics revealed that power in at least one cylinder was lost and oil pressure was decreasing.

Air Traffic Control afforded magnificent assistance to this pilot trying to give him radar vectors and reassurance to the Westchester New York Airport nearby but the workload and the loss of engine power was just too much to make the Instrument landing System to Runway 16  at the airport.

The pilot was cool, calm and followed directions in this most highly stressful environment but sadly the aircraft crashed into trees near the airport and both occupants were killed.

The engine in this model aircraft has failed and failed again in service. In fact, in one popular model, the primary source of accidents is the failed engine of similar make and model as this one.

I owned a similar aircraft many years ago and once I became aware of and the victim of its litany of engine problems never owned one again.

Here is the problem with reciprocating aircraft engines. They are old designs. They fail catastrophically too often. Failed cylinders are epidemic, this engine likely had a rod put through the cylinder wall or crankcase causing loss of oil pressure and the loss of power in the entire engine. There is no current alternative but anyone who flies a reciprocating engine powered aircraft is risking a catastrophe every takeoff. But the industry has been slick by misrepresenting the frequency of failures, near failures and potential failures so pilots think it will never happen to them. It does and it will.

I attach the air traffic control communications which is instructive. First it teaches us that ATC can be of invaluable assistance in an emergency. It teaches us that some pilots make us proud to be in that community because of their professionalism, even in fear of death. You can read more in the article in The Stamford Advocate.

Be prepared to cry, the knowledge that no matter how hard these men tried to save each other, it was not enough will break your heart.

May the memories of Boruch Taub and Benyamin Chafetz be a blessing to their families.

Arthur Alan Wolk

January 22, 2023

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Air Traffic Control Communications With The Pilot



Some years back, the United States Supreme Court turned the concept of jurisdiction in this country on its head.  Jurisdiction is the power of a Court to hear a case based on either the systematic and continuous activities of a defendant in a State (general jurisdiction), or some specific act that caused harm in a State but coupled with some continuous efforts to avail themselves of the benefits of the State (specific jurisdiction). What the Supreme Court held in a very simple case that was neither briefed nor argued on jurisdiction was that a defendant could only be sued where it was incorporated or where its nerve center was located. Justice Sotomayor railed at the decision as being on the wrong side of history in a famous dissent.

But based on the Supreme Court’s wrong decision courts all over the country threw out cases unless the strict criteria for exercising jurisdiction was met. Our case in North Carolina captioned Cohen v. Continental Motors, Inc. was one of those cases.

Mike Miska created an excellent record that CMI not only purposely availed itself of the benefits of doing business in North Carolina, made money from its activities there, the part that failed was sold there, the accident happened there and the Plaintiff’s decedents lived in North Carolina so the harm from the defendant’s conduct occurred there.

The North Carolina Court of Appeals interpreting the new Supreme Court more relaxed view on the law of jurisdiction found that CMI indeed should be subject to the power of the North Carolina Courts to hear this case and reversed the lower Court’s decision to throw the case out. A copy of the opinion is attached here.

The Wolk Law Firm is known Worldwide for its tenacity in behalf of its clients.

Arthur Alan Wolk





Three young beautiful young adults, just beginning their lives are dead in what should have been a no risk simple sightseeing flight and return.

They departed Bountiful Utah at 7 P.M., daylight, to view the church of the Peterson’s marriage by air.

A few minutes later they were dead as the airplane crashed into a mountain that should have been plainly visible.

The winds were very light only about 3 knots, the temperature was a hot 90 degrees and the conditions were visual flight rules.

They were flying an old Cessna 182H, built in 1965, and owned by J. Parker Christensen, a new pilot.

Kallie was an experienced pilot who had just been hired by the airlines to start training in November.

The Cessna 182 is a simple airplane to fly when everything works.

The mountains around Bountiful are high around 9,000 feet or more. There were some showers above the mountains that day.

The airplane has a carbureted engine and given the density altitude (about 8000 feet), temperature and the showers, any loss of power would make the airplane incapable of climbing above the peaks or even making it back to the airport.

A careful examination of the ADS-B data showing altitudes, rates of climb and airspeed demonstrate that the climb rate and airspeed was as expected given the weather, loading and age of the airplane but airspeed slowed in an obvious attempt by the pilot to keep climbing as the aircraft passed about 7200 feet above sea level. That occurred either because this normally aspirated aircraft simply ran out of climb capability or the carburetor simply could not keep up with the engine’s power needs.

This should never have happened. There was enough talent, experience and knowledge in that aircraft.

It was well below its gross weight.

Something else caused this accident.

We hope the families are able to learn what the cause was and The Wolk Law Firm can help.

Arthur Alan Wolk





In a terrible accident well respected physician and internist Dr. Martin Beerman was killed while flying his TBM 700 aircraft. There was no significant weather at the location where radar contact with the aircraft was lost in a flight from Northern Ohio to Cincinnati. The flight proceeded normally until it neared Urbana Ohio when it was lost. The wreckage distribution after what looks to be a loss of control shows that it may have come down in pieces which is indicative of an in-flight break-up.

The TBM series aircraft has been around for many years and is now manufactured by Daher in France.

There have been several loss of control accidents of the Socata built airplanes and most have not been weather related. There have also been accidents where pressurization loss has resulted in pilot incapacitation. Some 27 fatal crashes have occurred and some 47 total accidents involving this model. For a limited production aircraft that is a single pilot, single engine aircraft, that is a lot.

An in-flight break-up which is supported by the radar data is a pilot’s worst nightmare come true because once it occurs there is nothing a pilot can do to avoid a fatal crash. Engine failure may also be a factor but the pilots communication with Air Traffic Control should be telling. If there is none about what’s wrong, that could confirm an in-flight break-up. Some pilots who suffer from loss of control are also too busy trying to regain control and do not talk to Air Traffic Control. The aircraft had been cruising at 20,000 feet where pressurization is vital. It then descended to 11,000 feet where oxygen is not required and then sharply down after that.

The NTSB will take possession of the wreckage an ask for the help of Pratt and Whitney who made the engine and Daher who has legal responsibility for the aircraft’s Type Certificate today. That truly is the fox guarding the hen house but after the wreckage is released, the Wolk Law Firm, if engaged, will find the cause.

Our condolences to Dr. Beerman’s family and his colleagues.

Arthur Alan Wolk




The Wolk Law Firm took no money from the Government for the Paycheck Protection Program, laid off no one and paid everyone in full, salary, benefits and bonuses during the Pandemic.

We are blessed to be a successful law firm for 53 years and there was no need to further stress the Government or the taxpayers by taking money it did not need. That money should have been saved for small business and their employees who suffered so much said Arthur Alan Wolk, the firm’s founder.

Other rich law firms just reported as how they took PPP loans that were recently forgiven by the Government. Those loans may be forgiven by the Government but it will take a higher authority to forgive them from taking money they did not need from others who did.

Arthur Alan Wolk

July 10, 2021