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Connecticut corporation, HAMILTON SUNDSTRAND AVIATION SERVICES,
INC. (hereinafter HAMILTON AVIATION), a Florida corporation, PRATT &
WHITNEY CANADA (hereinafter PW CANADA), a foreign corporation, PRATT
& WHITNEY ENGINE SERVICES, INC. (hereinafter PW ENGINE SERVICES),
a Florida corporation, UNITED TECHNOLOGIES CORPORATION (hereinafter
UTC), a Connecticut corporation, EMPRESA BRASILEIRA DE AERONAUTICA
S.A. (hereinafter EMBRAER), a foreign corporation, and EMBRAER AIRCRAFT
HOLDING, INC. (hereinafter EMBRAER AIRCRAFT), a Florida corporation, and
states in support of the complaint as follows:
FACTS AND ALLEGATIONS
1. This is an action for damages in excess of Seventy-Five Thousand
Dollars ($75,000), exclusive of interest and costs.
2. At all times material hereto, the Plaintiff, EDILZA JESUS, was and
is the Personal Representative of the ESTATE OF CLAUDIO JESUS.
3. At all times material hereto, the Plaintiff, EDILZA JESUS, was and
is the wife of CLAUDIO JESUS (hereinafter the Decedent).
4. At all times material hereto, IVAN CLAUDIO LARAY DE JESUS
(hereinafter IVAN JESUS), was and is the natural son of the Decedent.
5. At all times material hereto, DENISE LARAY DE JESUS
(hereinafter DENISE JESUS) was and is the natural daughter of the Decedent.
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e. maintains agents and/or representatives in the State of Florida by
which it conducts its business of designing, manufacturing and
selling aircraft propellers;
f. advertises its products and services in the State of Florida;
g. a substantial dollar value of aircraft propellers sold by HAMILTON
are sold in the State of Florida;
h. does business through aircraft manufacturers, retailers, agents and
distributors in the State of Florida;
i. is authorized to do business in the State of Florida;j. caused the damages alleged herein within the State of Florida
arising out of an act or omission by HAMILTON outside this state,
when the products manufactured by HAMILTON outside of the
State of Florida were used or consumed within Florida in the
ordinary course of commerce, trade, or use; and/or
k. has a registered agent in the State of Florida, CT Corporation
System, located at 1200 South Pine Island Road, Plantation,
Broward County, Florida.
9. At all times material hereto, HAMILTON AVIATION was and is a
Florida corporation and a subsidiary or division of HAMILTON, which is
registered under the fictitious name of CARIBE AVIATION, with its principal
place of business in Miramar, Florida. HAMILTON AVIATION at all times was
and is a repair and overhaul center for the propeller blades manufactured by
HAMILTON.
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10. At all times material hereto, PW CANADA was and is a foreign
corporation and wholly owned subsidiary or division of UTC, with its principal
place of business in Longueuil, Quebec, Canada. PW CANADA at all times was
and is engaged in the business of designing, certifying, testing, manufacturing
and selling aircraft engines and spare parts, including the engine model PW-118
Turboprop Engine (hereinafter the subject engine) of the subject aircraft.
11. At all times material hereto, PW CANADA was and is doing
business in the State of Florida and subject to the jurisdiction of this Court
pursuant to 48.193 Fla. Stat., in that PW CANADA:a. operates, conducts, engages in or carries on a business or
business venture in the State of Florida by and through PW
ENGINE SERVICES, located at 8440 Tradeport Dr., Suite 105,
Orlando, Florida;
b. engages in substantial, not isolated, activities within the State of
Florida;
c. repairs, services, maintains and sells aircraft engines and spare
parts in the State of Florida;
d. owns, leases and/or uses real estate in the State of Florida;
e. maintains agents and/or representatives in the State of Florida by
which it conducts its business of designing, manufacturing and
selling aircraft engines and spare parts;
f. advertises its products and services in the State of Florida;
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g. a substantial dollar value of aircraft engines sold by PW CANADA
are sold in the State of Florida;
h. does business through aircraft manufacturers, retailers, agents and
distributors in the State of Florida;
i. is authorized to do business in the State of Florida;
j. caused the damages alleged herein within the State of Florida
arising out of an act or omission by PW CANADA outside this state,
when the products manufactured by PW CANADA outside of the
State of Florida were used or consumed within Florida in theordinary course of commerce, trade, or use; and/or
k. has a registered agent in the State of Florida, CT Corporation
System, located at 1200 South Pine Island Road, Plantation,
Broward County, Florida.
12. At all times material hereto, PW ENGINE SERVICES was and is a
Florida corporation and a subsidiary or division of PW CANADA, with its principal
place of business in Orlando, Florida. PW ENGINE SERVICES at all times was
and is engaged in providing product support and a full range of overhaul, repair
and fleet management services for aircraft engines and spare parts, including the
subject engine of the subject aircraft.
13. At all times material hereto, UTC was and is a Connecticut
corporation, with its principal place of business in Hartford, Connecticut, having
PW CANADA and HAMILTON as its business units. UTC at all times was and is
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engaged in providing products and services to the aerospace industry, including
the engines and propellers that are the subject matter of this Complaint.
14. At all times material hereto, UTC was and is doing business in the
State of Florida and subject to the jurisdiction of this Court pursuant to 48.193
Fla. Stat., in that UTC:
a. operates, conducts, engages in or carries on a business or
business venture in the State of Florida by and through its business
units PW CANADA and HAMILTON;
b. engages in substantial, not isolated, activities within the State ofFlorida;
c. repairs, services, maintains and sells aircraft components and
spare parts in the State of Florida;
d. owns, leases and/or uses real estate in the State of Florida;
e. maintains agents and/or representatives in the State of Florida by
which it conducts its business of providing products and services
for the aerospace industry;
f. advertises its products and services in the State of Florida;
g. a substantial dollar value of aircraft components and spare parts
sold by UTC are sold in the State of Florida;
h. does business through aircraft manufacturers, retailers, agents and
distributors in the State of Florida;
i. is authorized to do business in the State of Florida;
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j. caused the damages alleged herein within the State of Florida
arising out of an act or omission by UTC outside this state, when
the products and services provided outside of the State of Florida
were used or consumed within Florida in the ordinary course of
commerce, trade, or use; and/or
k. has a registered agent in the State of Florida, CT Corporation
System, located at 1200 South Pine Island Road, Plantation,
Broward County, Florida.
15. At all times material hereto, EMBRAER was and is a foreigncorporation with its principal place of business in So Jos dos Campos, State of
So Paulo, Brazil. EMBRAER at all times was and is engaged in the business of
designing, certifying, testing, manufacturing and selling commercial aircrafts,
including the subject aircraft.
16. At all times material hereto, EMBRAER was and is doing business
in the State of Florida and subject to the jurisdiction of this Court pursuant to
48.193 Fla. Stat., in that EMBRAER:
a. operates, conducts, engages in or carries on a business or
business venture in the State of Florida by and through its wholly
owned subsidiary EMBRAER AIRCRAFT, located at 276 West 34th
Street, Fort Lauderdale, Florida;
b. engages in substantial, not isolated, activities within the State of
Florida;
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c. sells, services, and distributes aircraft and aircraft parts in the State
of Florida;
d. owns, leases and/or uses real estate in the State of Florida;
e. maintains agents and/or representatives in the State of Florida by
which it conducts its business;
f. maintains bank accounts in the State of Florida;
g. advertises its products and services in the State of Florida;
h. a substantial percentage of all aircraft in the United States is
repaired and serviced by EMBRAER in the State of Florida;i. a substantial dollar value of aircraft sold by EMBRAER are sold in
the State of Florida;
j. does business through aircraft manufacturers, retailers, agents and
distributors in the State of Florida;
k. is authorized to do business in the State of Florida;
l. caused the damages alleged herein within the State of Florida
arising out of an act or omission by EMBRAER outside this state,
when the products manufactured by EMBRAER outside of the
State of Florida were used or consumed within Florida in the
ordinary course of commerce, trade, or use; and/or
m. has a registered agent in Fort Lauderdale, Broward County, Florida.
17. At all times material hereto, EMBRAER AIRCRAFT was and is a
Florida corporation and a wholly owned subsidiary of EMBRAER, with its
principal place of business in Fort Lauderdale, Florida. EMBRAER AIRCRAFT at
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all times acted and acts as a dealer of aircrafts and aircraft components, and was
and is engaged in the business of testing, servicing, repairing and maintaining
aircrafts manufactured by EMBRAER.
18. On May 14, 2004, the flight 4815 operated by RICO LINHAS
AREAS S.A. (hereinafter RICO) from So Paulo de Olivena, Brazil to
Manaus, Brazil, crashed in the Amazon forest, in the proximities of Manaus,
Brazil.
19. The aircraft used by RICO to operate the flight 4815 was the
subject aircraft, which transported 30 passengers and 3 crew members.20. All the passengers of the subject aircraft, including the Decedent,
and the crew members died instantly.
21. The subject propeller blades of the subject aircraft were designed,
manufactured, assembled, sold, serviced, repaired and maintained by
HAMILTON.
22. The subject propeller blades of the subject aircraft were serviced,
repaired, maintained and sold by HAMILTON AVIATION.
23. The subject engines of the subject aircraft were designed,
manufactured, assembled, sold, serviced, repaired and maintained by PW
CANADA.
24. The subject engines of the subject aircraft were serviced, repaired,
maintained and sold by PW ENGINE SERVICES.
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25. The subject engines and propellers of the subject aircraft were
tested, serviced, repaired, maintained and sold by UTC, by and through its
business units PW CANADA and HAMILTON.
26. The subject aircraft was designed, manufactured, assembled, sold,
serviced, repaired and maintained by EMBRAER.
27. EMBRAER AIRCRAFT acted as a dealer for the subject aircraft
and aircraft components, and serviced, repaired, and maintained such aircraft
and components thereof.
28. The subject aircraft, EMB-120, has been involved in eight (8)accidents from 1987 to 2004, causing fatalities of the totality of the passengers
and crew members in at least five (5) accidents.
29. The Federal Aviation Administration (hereinafter the FAA) has
issued several airworthiness directives from 1987 to 2004 for the EMBRAER
EMB-120 aircrafts, which are the subject matter of this Complaint.
30. The FAA has issued several airworthiness directives from 1988 to
2003 for PW CANADA PW-118 Turboprop Engines, which are the subject matter
of this Complaint.
31. The FAA has issued several airworthiness directives from 1993 to
1996 for HAMILTON 14RF propellers, which are the subject matter of this
Complaint.
32. The accident involving the subject aircraft was caused in whole or
in part due to the improper inspection and/or repair and/or maintenance of the
engine and/or the propeller blades and/or aircraft components, which problems
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were not properly identified and/or repaired by the Defendant(s) HAMILTON
and/or HAMILTON AVIATION and/or PW CANADA and/or PW ENGINE
SERVICES and/or UTC and/or EMBRAER and/or EMBRAER AIRCRAFT.
33. As a direct and proximate cause of the above-described accident,
the Decedent, CLAUDIO JESUS, died.
34. As a direct and proximate cause of the above-described accident,
the ESTATE OF CLAUDIO JESUS and its survivors suffered damages as
follows:
a. EDILZA JESUS, the wife of CLAUDIO JESUS, suffered loss ofmarital society, companionship, sustained the loss of support and
services of CLAUDIO JESUS since the date of her death, and has
suffered mental pain and suffering from the date of the death of
CLAUDIO JESUS.
b. IVAN JESUS, a natural son of CLAUDIO JESUS, suffered loss of
parental society, companionship, instruction, guidance, nurture,
sustained the loss of support and services of CLAUDIO JESUS
since the date of her death, and has suffered mental pain and
suffering from the date of the death of CLAUDIO JESUS.
c. DENISE JESUS, a natural daughter of CLAUDIO JESUS, suffered
loss of parental society, companionship, instruction, guidance,
nurture, sustained the loss of support and services of CLAUDIO
JESUS since the date of her death, and has suffered mental pain
and suffering from the date of the death of CLAUDIO JESUS.
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38. At all times material hereto, HAMILTON had a duty to exercise a
reasonable care in the inspection, repair and maintenance of the propeller blades
designed, certified, tested, manufactured and sold by HAMILTON, including the
subject propellers, as well as a duty to insure that the inspection, repair and
maintenance techniques were adequate and effective, and that the personnel in
charge of inspecting and repairing was properly trained and fully aware of all
documentation and communications prepared by HAMILTON regarding the
inspection, repair and maintenance techniques of such propeller blades.
39. HAMILTON was negligent in the inspection, repair and/ormaintenance of the subject propeller and breached its duty of care to the
Decedent, who was a foreseeable user of the subject aircraft, in the following
regards:
a. HAMILTON negligently failed to properly inspect, repair and
maintain the subject propellers so that they would be safe for use.
b. HAMILTON negligently failed to provide proper supervision of
persons attempting to perform the inspection, repair and/or
maintenance of the subject propellers.
c. HAMILTON negligently failed to provide proper technical training of
persons in charge of performing the inspection, repair and/or
maintenance of the subject propellers.
d. HAMILTON negligently failed to communicate to its personnel in a
proper manner its inspection, repair and/or maintenance
techniques.
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e. HAMILTON failed to properly and adequately maintain and/or repair
and/or replace the propellers of the subject aircraft in a safe and
prudent manner.
f. HAMILTON failed to properly warn the owners and/or users and/or
persons servicing and maintaining the subject aircraft of the defects
in the subject propellers and other components thereof;
g. HAMILTON failed to properly warn the owners and/or users and/or
persons servicing and maintaining the subject aircraft of the
dangers of the subject propellers and other components thereofwhich, while not defective in and of themselves, could create a
dangerous situation if the subject propellers were not properly
operated and maintained under certain conditions.
h. HAMILTON negligently breached their continuing duty to recall or
retrofit the aircraft propellers and other components thereof when it
knew or reasonably should have known of the defects in the subject
propellers.
40. As a direct, proximate and foreseeable result of the above-
described negligence of HAMILTON, the Decedents estate and its survivors
suffered damages as set forth in paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against HAMILTON, together with interest and costs, and demands trial
by jury.
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COUNT II STRICT LIABILITY OF HAMILTON
The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
41. HAMILTON was engaged in the business of designing,
manufacturing and selling the propeller blades that are the subject matter of this
Complaint.
42. The subject propellers were expected to reach and did reach theuser or consumer without substantial change in the condition in which they were
sold.
43. At the time the subject propellers were sold by HAMILTON, they
were in a defective condition and unreasonably dangerous to the user or
consumer.
44. The Decedent, CLAUDIO JESUS, was within the scope of persons
who would use the product in question and be affected by its use.
45. HAMILTON is strictly liable for any physical harm caused to the
Decedent as a result of the defect of the subject propellers sold by HAMILTON.
46. As a direct and proximate result of the above-described product
defect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
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damages against HAMILTON, together with interest and costs, and demands trial
by jury.
COUNT III NEGLIGENCE OF HAMILTON AVIATION
The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
47. At all times material hereto, HAMILTON AVIATION engaged in the
business of servicing, repairing, maintaining and selling aircraft propeller blades,including the propeller blades that are subject matter of this Complaint, for
aircraft use by members of the general public.
48. The propeller blades in question were manufactured by HAMILTON
with the knowledge that they would be used in aircraft which may be used as a
form of public transportation.
49. At all times material hereto, the subject aircraft accident was
caused in whole or in part due to improper, inadequate and ineffective corporate
inspection and/or repair techniques, training, documentation, and
communications involving the subject propellers, which problems were not
identified and/or not properly repaired by HAMILTON AVIATION.
50. At all times material hereto, HAMILTON AVIATION had a duty to
exercise a reasonable care in the inspection, repair and maintenance of the
propeller blades designed, certified, tested, and manufactured by HAMILTON,
including the subject propellers, as well as a duty to insure that the inspection,
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repair and maintenance techniques were adequate and effective, and that the
personnel in charge of inspecting and repairing was properly trained and fully
aware of all documentation and communications regarding the inspection, repair
and maintenance techniques of such propeller blades.
51. HAMILTON AVIATION was negligent in the inspection, repair
and/or maintenance of the subject propeller and breached its duty of care to the
Decedent, who was a foreseeable user of the subject aircraft, in the following
regards:
a. HAMILTON AVIATION negligently failed to properly inspect, repairand maintain the subject propellers so that they would be safe for
use.
b. HAMILTON AVIATION negligently failed to provide proper
supervision of persons attempting to perform the inspection, repair
and/or maintenance of the subject propellers.
c. HAMILTON AVIATION negligently failed to provide proper technical
training of persons in charge of performing the inspection, repair
and/or maintenance of the subject propellers.
d. HAMILTON AVIATION negligently failed to communicate to its
personnel in a proper manner its inspection, repair and/or
maintenance techniques.
e. HAMILTON AVIATION failed to properly and adequately maintain
and/or repair and/or replace the propellers of the subject aircraft in
a safe and prudent manner.
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The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
53. HAMILTON AVIATION was engaged in the business of servicing,
repairing, maintaining and selling the propeller blades that are the subject matter
of this Complaint.
54. The subject propellers were expected to reach and did reach the
user or consumer without substantial change in the condition in which they were
sold.55. At the time the subject propellers were sold, they were in a
defective condition and unreasonably dangerous to the user or consumer.
56. The Decedent, CLAUDIO JESUS, was within the scope of persons
who would use the product in question and be affected by its use.
57. HAMILTON AVIATION is strictly liable for any physical harm
caused to the Decedent as a result of the defect of the subject propellers sold by
HAMILTON AVIATION.
58. As a direct and proximate result of the above-described product
defect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against HAMILTON AVIATION, together with interest and costs, and
demands trial by jury.
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COUNT V NEGLIGENCE OF PW CANADA
The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
59. At all times material hereto, PW CANADA engaged in the business
of designing, certifying, testing, manufacturing, and selling aircraft engines,
including the engines that are subject matter of this Complaint, for aircraft use by
members of the general public.60. The engines in question were manufactured by PW CANADA with
the knowledge that they would be used in aircraft which may be used as a form
of public transportation.
61. At all times material hereto, the subject aircraft accident was
caused in whole or in part due to improper, inadequate and ineffective corporate
inspection and/or repair techniques, training, documentation, and
communications involving the subject engines, which problems were not
identified and/or not properly repaired by PW CANADA.
62. At all times material hereto, PW CANADA had a duty to exercise a
reasonable care in the inspection, repair and maintenance of the engines
designed, certified, tested, manufactured and sold by PW CANADA, including the
subject engines, as well as a duty to insure that the inspection, repair and
maintenance techniques were adequate and effective, and that the personnel in
charge of inspecting and repairing was properly trained and fully aware of all
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documentation and communications prepared by PW CANADA regarding the
inspection, repair and maintenance techniques of such engines.
63. PW CANADA was negligent in the inspection, repair and/or
maintenance of the subject engines and breached its duty of care to the
Decedent, who was a foreseeable user of the subject aircraft, in the following
regards:
a. PW CANADA negligently failed to properly inspect, repair and
maintain the subject engines so that they would be safe for use.
b. PW CANADA negligently failed to provide proper supervision ofpersons attempting to perform the inspection, repair and/or
maintenance of the subject engines.
c. PW CANADA negligently failed to provide proper technical training
of persons in charge of performing the inspection, repair and/or
maintenance of the subject engines.
d. PW CANADA negligently failed to communicate to its personnel in
a proper manner its inspection, repair and/or maintenance
techniques.
e. PW CANADA failed to properly and adequately maintain and/or
repair and/or replace the engines of the subject aircraft in a safe
and prudent manner.
f. PW CANADA failed to properly warn the owners and/or users
and/or persons servicing and maintaining the subject aircraft of the
defects in the subject engines and other components thereof;
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g. PW CANADA failed to properly warn the owners and/or users
and/or persons servicing and maintaining the subject aircraft of the
dangers of the subject engines and other components thereof
which, while not defective in and of themselves, could create a
dangerous situation if the subject engines were not properly
operated and maintained under certain conditions.
h. PW CANADA negligently breached their continuing duty to recall or
retrofit the aircraft engines and other components thereof when it
knew or reasonably should have known of the defects in the subjectengines.
64. As a direct, proximate and foreseeable result of the above-
described negligence of PW CANADA, the Decedents estate and its survivors
suffered damages as set forth in paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against PW CANADA, together with interest and costs, and demands
trial by jury.
COUNT VI STRICT LIABILITY OF PW CANADA
The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
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65. PW CANADA was engaged in the business of designing,
manufacturing and selling the engines that are the subject matter of this
Complaint.
66. The subject engines were expected to reach and did reach the user
or consumer without substantial change in the condition in which they were sold.
67. At the time the subject engines were sold by PW CANADA, they
were in a defective condition and unreasonably dangerous to the user or
consumer.
68. The Decedent, CLAUDIO JESUS, was within the scope of personswho would use the product in question and be affected by its use.
69. PW CANADA is strictly liable for any physical harm caused to the
Decedent as a result of the defect of the subject engines sold by PW CANADA.
70. As a direct and proximate result of the above-described product
defect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against PW CANADA, together with interest and costs, and demands
trial by jury.
COUNT VII NEGLIGENCE OF PW ENGINE SERVICES
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The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
71. At all times material hereto, PW ENGINE SERVICES engaged in
the business of testing, servicing, repairing, maintaining and selling aircraft
engines, including the engines that are subject matter of this Complaint.
72. The engines in question were produced by PW CANADA, the
parent company of PW ENGINE SERVICES, and were tested, serviced, repaired
and/or maintained by PW ENGINE SERVICES, with the knowledge that the
subject engines would be used in aircraft which may be used as a form of publictransportation.
73. At all times material hereto, the subject aircraft accident was
caused in whole or in part due to improper, inadequate and ineffective corporate
inspection and/or repair techniques, training, documentation, and
communications involving the subject engines, which problems were not
identified and/or not properly repaired by PW ENGINE SERVICES.
74. At all times material hereto, PW ENGINE SERVICES had a duty to
exercise a reasonable care in the inspection, repair and maintenance of the
engines designed, certified, tested and manufactured by PW CANADA, including
the subject engine, as well as a duty to insure that the inspection, repair and
maintenance techniques were adequate and effective, and that the personnel in
charge of inspecting and repairing was properly trained and fully aware of all
documentation and communications regarding the inspection, repair and
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maintenance techniques of such engines, so that the passengers of the subject
aircraft would be safe.
75. PW ENGINE SERVICES was negligent in the inspection, repair
and/or maintenance of the subject engines and breached its duty of care to the
Decedent, who was a foreseeable user of the subject aircraft, in the following
regards:
a. PW ENGINE SERVICES negligently failed to properly inspect,
repair and maintain the subject engines so that they would be safe
for use.b. PW ENGINE SERVICES negligently failed to provide proper
supervision of persons attempting to perform the inspection, repair
and/or maintenance of the subject engines.
c. PW ENGINE SERVICES negligently failed to provide proper
technical training of persons in charge of performing the inspection,
repair and/or maintenance of the subject engines.
d. PW ENGINE SERVICES negligently failed to communicate to its
personnel in a proper manner its inspection, repair and/or
maintenance techniques.
e. PW ENGINE SERVICES failed to properly and adequately maintain
and/or repair and/or replace the engines of the subject aircraft in a
safe and prudent manner.
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f. PW ENGINE SERVICES failed to properly warn the owners and/or
users and/or persons servicing and maintaining the subject aircraft
of the defects in the subject engines and other components thereof;
g. PW ENGINE SERVICES failed to properly warn the owners and/or
users and/or persons servicing and maintaining the subject aircraft
of the dangers of the subject engines and other components
thereof which, while not defective in and of themselves, could
create a dangerous situation if the subject engines were not
properly operated and maintained under certain conditions.h. PW ENGINE SERVICES negligently breached their continuing duty
to recall or retrofit the aircraft engines and other components
thereof when it knew or reasonably should have known of the
defects in the subject engines.
76. As a direct, proximate and foreseeable result of the above-
described negligence of PW ENGINE SERVICES, the Decedents estate and its
survivors suffered damages as set forth in paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against PW ENGINE SERVICES, together with interest and costs, and
demands trial by jury.
COUNT VIII STRICT LIABILITY OF PW ENGINE SERVICES
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The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
77. PW ENGINE SERVICES was engaged in the business of testing,
servicing, maintaining and selling the engines that are the subject matter of this
Complaint.
78. The subject engines were expected to reach and did reach the user
or consumer without substantial change in the condition in which they were sold.
79. At the time the subject engines were sold, they were in a defective
condition and unreasonably dangerous to the user or consumer.80. The Decedent, CLAUDIO JESUS, was within the scope of persons
who would use the product in question and be affected by its use.
81. PW ENGINE SERVICES is strictly liable for any physical harm
caused to the Decedent as a result of the defect of the subject engines.
82. As a direct and proximate result of the above-described product
defect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against PW ENGINE SERVICES, together with interest and costs, and
demands trial by jury.
COUNT IX NEGLIGENCE OF UTC
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The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
83. At all times material hereto, UTC engaged in the business of
providing products and services for the aerospace industry, including the engines
and propellers that are subject matter of this Complaint.
84. The engines and/or propellers in question were designed, tested,
certified, manufactured, serviced, repaired and/or maintained by the business
units of UTC, PW CANADA and HAMILTON, with the knowledge that the subject
engines and propellers would be used in aircraft which may be used as a form ofpublic transportation.
85. At all times material hereto, the subject aircraft accident was
caused in whole or in part due to improper, inadequate and ineffective corporate
inspection and/or repair techniques, training, documentation, and
communications involving the subject engines and propellers, which problems
were not identified and/or not properly repaired by UTC.
86. At all times material hereto, UTC had a duty to exercise a
reasonable care in the inspection, repair and maintenance of the engines and
propellers designed, certified, tested, manufactured and sold by its business
units, PW CANADA and HAMILTON, including the subject engines and
propellers, as well as a duty to insure that their inspection, repair and
maintenance techniques were adequate and effective, and that the personnel in
charge of inspecting and repairing was properly trained and fully aware of all
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documentation and communications regarding the inspection, repair and
maintenance techniques of the subject engines and propellers.
87. UTC by and through its business units was negligent in the
inspection, repair and/or maintenance of the subject engines and propellers, and
breached its duty of care to the Decedent, who was a foreseeable user of the
subject aircraft, in the following regards:
a. UTC negligently failed to properly inspect, repair and maintain the
subject engines and/or propellers so that they would be safe for
use.b. UTC negligently failed to provide proper supervision of persons
attempting to perform the inspection, repair and/or maintenance of
the subject engines and/or propellers.
c. UTC negligently failed to provide proper technical training of
persons in charge of performing the inspection, repair and/or
maintenance of the subject engines and/or propellers.
d. UTC negligently failed to communicate to its personnel in a proper
manner its inspection, repair and/or maintenance techniques.
e. UTC failed to properly and adequately maintain and/or repair and/or
replace the engines and/or propellers of the subject aircraft in a
safe and prudent manner.
f. UTC failed to properly warn the owners and/or users and/or
persons servicing and maintaining the subject aircraft of the defects
in the subject engines, propellers and/or other components thereof;
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89. UTC was a seller engaged in the business of providing products for
the aerospace industry, including the engines and propellers that are the subject
matter of this Complaint.
90. The subject engines and propellers were expected to reach and did
reach the user or consumer without substantial change in the condition in which
they were sold.
91. At the time the subject engines and/or propellers were sold, they
were in a defective condition and unreasonably dangerous to the user or
consumer.92. The Decedent, CLAUDIO JESUS, was within the scope of persons
who would use the product in question and be affected by its use.
93. UTC is strictly liable for any physical harm caused to the Decedent
as a result of the defect of the subject engines and/or propellers.
94. As a direct and proximate result of the above-described product
defect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against UTC, together with interest and costs, and demands trial by
jury.
COUNT XI NEGLIGENCE OF EMBRAER
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The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
95. At all times material hereto, EMBRAER engaged in the business of
designing, certifying, testing, manufacturing, and selling aircrafts, including the
aircraft that is subject matter of this Complaint, for aircraft use by the general
public.
96. The aircrafts in question was manufactured by EMBRAER, and
were tested, serviced, repaired and/or maintained by EMBRAER, with the
knowledge that the subject aircraft would be used as a form of publictransportation.
97. At all times material hereto, the subject aircraft accident was
caused in whole or in part due to improper, inadequate and ineffective corporate
inspection and/or repair techniques, training, documentation, and
communications involving the subject aircraft, which problems were not identified
and/or not properly repaired by EMBRAER.
98. At all times material hereto, EMBRAER had a duty to exercise a
reasonable care in the inspection, repair and maintenance of the aircraft
designed, certified, tested, manufactured and sold by EMBRAER, including the
subject aircraft, as well as a duty to insure that the inspection, repair and
maintenance techniques were adequate and effective, and that the personnel in
charge of inspecting and repairing was properly trained and fully aware of all
documentation and communications regarding the inspection, repair and
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maintenance techniques of such aircraft, so that the passengers of the subject
aircraft would be safe.
99. EMBRAER was negligent in the inspection, repair and/or
maintenance of the subject aircraft and breached its duty of care to the
Decedent, who was a foreseeable user of the subject aircraft, in the following
regards:
a. EMBRAER negligently failed to properly inspect, repair and
maintain the subject aircraft so that it would be safe for use.
b. EMBRAER negligently failed to provide proper supervision ofpersons attempting to perform the inspection, repair and/or
maintenance of the subject aircraft.
c. EMBRAER negligently failed to provide proper technical training of
persons in charge of performing the inspection, repair and/or
maintenance of the subject aircraft.
d. EMBRAER negligently failed to communicate to its personnel in a
proper manner its inspection, repair and/or maintenance
techniques.
e. EMBRAER failed to properly and adequately maintain and/or repair
the subject aircraft in a safe and prudent manner.
f. EMBRAER failed to properly warn the owners and/or users and/or
persons servicing and maintaining the subject aircraft of the defects
in the aircraft and other components thereof;
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g. EMBRAER failed to properly warn the owners and/or users and/or
persons servicing and maintaining the subject aircraft of the
dangers of the subject aircraft and other components thereof which,
while not defective in and of themselves, could create a dangerous
situation if the subject aircraft was not properly operated and
maintained under certain conditions.
h. EMBRAER negligently breached their continuing duty to recall or
retrofit the aircraft and other components thereof when it knew or
reasonably should have known of the defects in the subject aircraft.100. As a direct, proximate and foreseeable result of the above-
described negligence of EMBRAER, the Decedents estate and its survivors
suffered damages as set forth in paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against EMBRAER, together with interest and costs, and demands trial
by jury.
COUNT XII STRICT LIABILITY OF EMBRAER
The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
101. EMBRAER was engaged in the business of designing,
manufacturing and selling the aircraft that is the subject matter of this Complaint.
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102. The subject aircraft was expected to reach and did reach the user
or consumer without substantial change in the condition in which it was sold.
103. At the time the subject aircraft was sold by EMBRAER, it was in a
defective condition and unreasonably dangerous to the user or consumer.
104. The Decedent, CLAUDIO JESUS, was within the scope of persons
who would use the product in question and be affected by its use.
105. EMBRAER is strictly liable for any physical harm caused to the
Decedent as a result of the defect of the subject aircraft sold by EMBRAER.
106. As a direct and proximate result of the above-described productdefect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.
WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against EMBRAER, together with interest and costs, and demands trial
by jury.
COUNT XIII NEGLIGENCE OF EMBRAER AIRCRAFT
The Plaintiff realleges and incorporates by reference as though fully
set forth here each and every allegation set forth in the paragraphs 1 through 34.
107. At all times material hereto, EMBRAER AIRCRAFT acted and acts
as a dealer for aircraft and aircraft components, was and is engaged in the
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business of testing, servicing, repairing and maintaining aircrafts, including the
aircraft that is subject matter of this Complaint.
108. The aircrafts in question were designed and manufactured by
EMBRAER, the parent company of EMBRAER AIRCRAFT, and were tested,
serviced, repaired, maintained and/or sold by EMBRAER AIRCRAFT, with the
knowledge that the subject aircraft would be used as a form of public
transportation.
109. At all times material hereto, the subject aircraft accident was
caused in whole or in part due to improper, inadequate and ineffective corporateinspection and/or repair techniques, training, documentation, and
communications involving the subject aircraft, which problems were not identified
and/or not properly repaired by EMBRAER AIRCRAFT.
110. At all times material hereto, EMBRAER AIRCRAFT had a duty to
exercise a reasonable care in the inspection, repair and maintenance of the
aircraft designed, certified, tested and manufactured by EMBRAER, including the
subject aircraft, as well as a duty to insure that the inspection, repair and
maintenance techniques were adequate and effective, and that the personnel in
charge of inspecting and repairing was properly trained and fully aware of all
documentation and communications regarding the inspection, repair and
maintenance techniques of such aircraft, so that the passengers of the subject
aircraft would be safe.
111. EMBRAER AIRCRAFT was negligent in the inspection, repair
and/or maintenance of the subject aircraft and breached its duty of care to the
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Decedent, who was a foreseeable user of the subject aircraft, in the following
regards:
a. EMBRAER AIRCRAFT negligently failed to properly inspect, repair
and maintain the subject aircraft so that it would be safe for use.
b. EMBRAER AIRCRAFT negligently failed to provide proper
supervision of persons attempting to perform the inspection, repair
and/or maintenance of the subject aircraft.
c. EMBRAER AIRCRAFT negligently failed to provide proper
technical training of persons in charge of performing the inspection,repair and/or maintenance of the subject aircraft.
d. EMBRAER AIRCRAFT negligently failed to communicate to its
personnel in a proper manner its inspection, repair and/or
maintenance techniques.
e. EMBRAER AIRCRAFT failed to properly and adequately maintain
and/or repair the subject aircraft in a safe and prudent manner.
f. EMBRAER AIRCRAFT failed to properly warn the owners and/or
users and/or persons servicing and maintaining the subject aircraft
of the defects in the aircraft and other components thereof;
g. EMBRAER AIRCRAFT failed to properly warn the owners and/or
users and/or persons servicing and maintaining the subject aircraft
of the dangers of the subject aircraft and other components thereof
which, while not defective in and of themselves, could create a
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115. At the time the subject aircraft was sold, it was in a defective
condition and unreasonably dangerous to the user or consumer.
116. The Decedent, CLAUDIO JESUS, was within the scope of persons
who would use the product in question and be affected by its use.
117. EMBRAER AIRCRAFT is strictly liable for any physical harm
caused to the Decedent as a result of the defect of the subject aircraft.
118. As a direct and proximate result of the above-described product
defect, the ESTATE OF CLAUDIO JESUS and its survivors have suffered
damages as set forth in Paragraph 34 above.WHEREFORE, the Plaintiff, EDILZA JESUS, as Personal
Representative of the ESTATE OF CLAUDIO JESUS, demands judgment for
damages against EMBRAER AIRCRAFT, together with interest and costs, and
demands trial by jury.
Respectfully submitted,
Edward Montoya, Esq.MONTOYA LAW FIRM, P.A.231 Andalusia Avenue, Ste. 370Coral Gables, FL 33134Telephone (305) 445-9292Fax (305) 445-9249
By: ______________________Edward Montoya, Esq.Fla. Bar # 0972649