Aviation Accident Verdicts: Tropical Aviation, Inc. v Smith

TROPICAL AVIATION, INC. vs. JIM SMITH; DOTHAN JET CENTER, INC.; and AIRWELD, INC.(Defendant/Third-party Plaintiff) vs. AEROSTAR WORLD, INC. (Third-party Defendant)

Date: September 28, 2005

RESULT: $ 342,000 for Plaintiff against Defendants Dothan Jet Center and Airweld. (verdict)

STATE: Alabama

CAUSE OF INJURY: On June 9, 2001, Plaintiff and Defendants entered into an agreement whereby Defendants agreed to provide and supervise avionic work on Plaintiff's Aerostar Airplane at the Dothan Regional Airport in Dothan. Defendant Smith was an employee of Defendant Dothan Jet Center, which was owned by Defendant Airweld. Plaintiff alleged that Defendants breached the agreement, by failing to adequately perform their obligations under the agreement, resulting in an explosion and fire which totally destroyed Plaintiff's aircraft. Defendants filed a third-party complaint against Defendant Aerostar World claiming that Aerostar performed the work, labor, and/or repairs on Plaintiff's aircraft which caused the explosion. Multiple Motions for Summary judgment by Defendants were denied. Third-party Defendant's Motion for Summary Judgment was granted on September 26, 2005.

NATURE OF INJURY: Total destruction of airplane. Donald Smith testified as to the airplane's value.

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