*CFR › Title 14 › Chapter I › Subchapter F › Part 91 › Subpart B › Section 91.113
14 CFR 91.113 - RIGHT-OF-WAY RULES: EXCEPT WATER OPERATIONS.
(a) Inapplicability. This section does not apply to the operation of an aircraft on water.
(b) General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right-of-way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well clear.
© In distress. An aircraft in distress has the right-of-way over all other air traffic.
(d) Converging. When aircraft of the same category are converging at approximately the same altitude (except head-on, or nearly so), the aircraft to the other’s right has the right-of-way. If the aircraft are of different categories—
indent A balloon has the right-of-way over any other category of aircraft;
(2) A glider has the right-of-way over an airship, powered parachute, weight-shift-control aircraft, airplane, or rotorcraft.
(3) An airship has the right-of-way over a powered parachute, weight-shift-control aircraft, airplane, or rotorcraft.
However, an aircraft towing or refueling other aircraft has the right-of-way over all other engine-driven aircraft.
(e) Approaching head-on. When aircraft are approaching each other head-on, or nearly so, each pilot of each aircraft shall alter course to the right.
(f) Overtaking. Each aircraft that is being overtaken has the right-of-way and each pilot of an overtaking aircraft shall alter course to the right to pass well clear.
(g) Landing. Aircraft, while on final approach to land or while landing, have the right-of-way over other aircraft in flight or operating on the surface, except that they shall not take advantage of this rule to force an aircraft off the runway surface which has already landed and is attempting to make way for an aircraft on final approach. When two or more aircraft are approaching an airport for the purpose of landing, the aircraft at the lower altitude has the right-of-way, but it shall not take advantage of this rule to cut in front of another which is on final approach to land or to overtake that aircraft.*[/indent]
There’s nothing there about the right-of-way of skydivers. However, under Part 105 [emphasis mine]:
*Sec. 105.23 Parachute operations over or onto airports
No person may conduct a parachute operation, and no pilot in command of an aircraft may allow a parachute operation to be conducted from that aircraft, over or onto any airport unless-
(a) For airports with an operating control tower:
indent Prior approval has been obtained from the management of the airport to conduct parachute operations over or on that airport.
(2) Approval has been obtained from the control tower to conduct parachute operations over or onto that airport.
(3) Two-way radio communications are maintained between the pilot of the aircraft involved in the parachute operation and the control tower of the airport over or onto which the parachute operation is being conducted.
(b) For airports without an operating control tower, prior approval has been obtained from the management of the airport to conduct parachute operations over or on that airport.
© A parachutist may drift over that airport with a fully deployed and properly functioning parachute if the parachutist is at least 2,000 feet above that airport’s traffic pattern, and avoids creating a hazard to air traffic or to persons and property on the ground.*[/indent]
IANA lawyer, nor have I flown into or out of airports where parachute operations were happening. But the way I’m reading these sections is that a skydiver doesn’t legally have right-of-way over an aircraft. Assuming for the sake of argument that the skydiver is an ‘aircraft’, the Cessna would have the right-of-way as the landing aircraft at a lower altitude under Part 91. Under Part 105, the skydiver must not create a hazard to air traffic.
As Broomstick noted, it’s hard to see what’s above you in a high-wing airplane. ISTM that either by accident or intention, the skydiver was in the wrong place. The pilot was where he was supposed to be.