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Accidents · NTSB ERA13FA096 · Final report

Piper PA-31-350 accident near Leesburg, Florida, December 24, 2012

On December 24, 2012 at about 7:35 pm local time, a Piper PA-31-350, registered N78WM, was substantially damaged in an accident during enroute (cruise) near Leesburg, Florida. It was a personal flight under general aviation rules (Part 91). 1 person was killed and 1 person was seriously injured. The weather was visual conditions (good weather).

The NTSB's probable cause their words, unchanged

The pilot's inadequate preflight planning, which resulted in fuel exhaustion and a subsequent total loss of power in both engines during cruise flight. Contributing to the accident was the pilot’s use of prescription and illicit drugs, which likely impaired his judgment.

Source: NTSB aviation accident database, copy made October 5, 2026. Docket and reports at the NTSB.

What the record shows

Date
December 24, 2012 · about 7:35 pm local time
Place
Leesburg, Florida · map
Type
Accident
Injuries
1 person was killed and 1 person was seriously injured.
Weather
visual conditions (good weather)
Aircraft
Piper PA-31-350 · all PA-31-350s on the register
Registration
N78WM · no longer on the register · serial 31-7952047
Damage
Substantial damage
Flight
Personal flight · general aviation rules (Part 91)

The NTSB's narrative final · quoted from the NTSB record

The pilot and the pilot-rated passenger were flying from their home located at a residential airpark, where no fuel services were available, to an airport located about 37 nautical miles away. Shortly after departing on the flight, the passenger queried the pilot when she noticed the airplane's low fuel state. The pilot responded that one of the fuel gauges always reported a greater quantity of available fuel than the other, and that if necessary they could utilize needed fuel from the tank with the higher reported fuel quantity. About 15 minutes after departure, the pilot advised air traffic control that the airplane was critically low on fuel, and about 5 minutes later the airplane impacted trees and terrain after all fuel had been exhausted and both engines ceased producing power. Examination of the airframe and engines after the accident confirmed that all of the airplane's fuel tanks were essentially absent of fuel, and that the trace amounts of fuel recovered were absent of contamination. Post-accident testing of the fuel quantity senders showed that both of the applicable units failed to meet the indicated electrical resistance tolerances published in the service manual for the full fuel position, and only one of the units was within the tolerance for the empty position. Based on the autopsy and toxicology results, the pilot had emphysema, hypertension, dilated cardiomyopathy, and severe coronary artery disease; however, given that the passenger seated in the right seat of the airplane did not report any signs of acute incapacitation, and that the pilot did not communicate any medical issues to air traffic control, it does not appear that these conditions affected his performance on the day of the accident. The pilot did not report any chronically painful conditions to the FAA in his most recent medical certificate applications, however, the post-accident toxicology identified that the pilot was taking several pain medications (diclofenac, gabapentin, and oxycodone), and one illegal substance (marijuana). Based on the medications' Food and Drug Administration warnings, gabapentin and oxycodone may be individually impairing and sedating; their combined effect may be additive. The effects of the underlying conditions that necessitated the medication could not be determined. It is impossible to determine from the available information what direct effect the marijuana alone may have had on the pilot's judgment and psychomotor functioning; however, the combination of marijuana, oxycodone, and gabapentin likely significantly impaired the pilot's judgment and contributed to his failure to ensure the airplane had sufficient fuel to complete the planned flight.

The complete narrative as the NTSB published it. The NTSB's docket holds the report as a PDF and any photographs, statements and other documents from the investigation.

The factual record from the NTSB's investigation tables, in plain English

What happened, in order

  1. Preflight or dispatch event during prior to flight
  2. Loss of engine power (total) during enroute (cruise) defining event
  3. Off-field or emergency landing during emergency descent
  4. Collision with terrain or object (not controlled flight into terrain) during emergency descent

The NTSB's findings

  • cause Personnel issues › Task performance › Planning/preparation › Fuel planning › Pilot
  • factor Personnel issues › Physical › Impairment/incapacitation › Prescription medication › Pilot
  • factor Personnel issues › Physical › Impairment/incapacitation › Illicit drug › Pilot

Pilot

  • Certificate: private
  • Ratings: multi-engine land; multi-engine sea; single-engine land; single-engine sea; instrument: airplane
  • Flight time: 3,000 hours in all; 900 in this make and model
  • Medical certificate: Class 3 (with waivers/limitations)
  • Seat: left
  • Injury: fatal

The aircraft

  • Maximum gross weight: 7,000 lb
  • Seats: 8
  • Landing gear: retractable
  • Engine 1: Lycoming TIO-520-J2BD (piston); 0 hours total
  • Engine 2: Lycoming LTIO-540-J2BD (piston); 0 hours total

The flight

  • Departed from: FD44 Crescent City FL at 7:05 pm
  • Destination: LEE Leesburg FL
  • Flight plan: none

Weather at the time

  • Light: daylight
  • Wind: from 220° at 11 knots, gusting 16
  • Visibility: 10 statute miles
  • Sky: clear
  • Temperature: 70°F (21°C), dew point 48°F (9°C)
  • Altimeter: 30.00 inHg
  • Observation at 7:53 pm from LEE, 6 miles away

Injuries

FatalSeriousMinorNone
Flight crew1
Passengers1

Documents from the investigation the NTSB's docket: the evidence folder behind the report

The docket, the folder of records gathered during an investigation (maintenance records, photographs, witness statements, examinations), has not been read from the NTSB for this case yet; the list appears here once it has. Open the docket at the NTSB.

Everything on this page comes from the NTSB's public records. The narrative, probable cause and findings are the NTSB's own words; the coded tables behind the report are written out in plain English, with pilots' ages, home towns and medical details left out. The documents and photographs are the NTSB's docket, shown as the NTSB released them. This site's own text never names anyone involved. A preliminary report can change; the final report usually follows one to two years later, and the page is refreshed when it does.