On May 6, 2008, about 1130 eastern daylight time, a kit-built Shaffstall, Kolb Firestar II airplane, N40737, sustained substantial damage when it collided with the ground during a forced landing, following a loss of engine power during takeoff-initial climb at Concord, North Carolina. The airplane was operated by the pilot as a visual flight rules (VFR) local area personal flight under Title 14, CFR Part 91, when the accident occurred. The airline transport certificated pilot, the sole occupant, received serious injuries. Visual meteorological conditions prevailed, and no flight plan was filed. The flight originated at the Buffalo Creek Airport, Concord.

During a telephone conversation with the National Transportation Safety Board (NTSB) investigator-in-charge (IIC), on May 7, the pilot reported that he planned to fly to a nearby racetrack, and drained and refilled the fuel tank. He then ran the engine, on the ground, for about 30 minutes. He then departed for one turn around the airport traffic pattern, and landed. He rechecked the engine and decided to depart for his intended destination. The pilot said that he just turned out from the local traffic pattern about 700 feet above the ground when the engine lost power. He tried to turn back toward the airport, but the airplane's glide capabilities were poor. He attempted to land on a nearby road, but the airplane descended in a steep, nose-down attitude, and collided with the ground in the front yard of a residence.

A Federal Aviation Administration (FAA) aviation safety inspector, Charlotte Flight Standards District Office (FSDO), reported that the airplane was equipped with a tailwheel, fabric-covered wings over a tubular frame, and a Rotax engine that was mounted at the back of the wing. The airplane was originally built with two seats and marketed as an ultralight. The airplane was registered to the builder in 1995 as an airplane, and an "N" number was issued. The FAA's airplane registry still has the builder listed as the owner, with a sale reported to another party, but not the pilot. The FAA inspector said that pilot told him he bought the airplane as a "no regulation" aircraft on E Bay. The pilot assembled the airplane and only installed one seat.

In the Pilot/Operator Aircraft Accident Report (NTSB Form 6120.1) submitted by the pilot, he indicated that the airplane's engine was rebuilt about 30 hours before the accident. The airplane did not have a current registration, nor an airworthiness certificate. The FAA nor the pilot determined why the engine lost power.

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