Case: 5:03-cv-00376-JBC Doc #: 1 Filed: 08/29/03 Page: 1 of 15 - Page ID#: 1

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF KENTUCKY
AT LEXINGTON

JAMES HENSEL and LORI HENSEL,

his spouse ) CIVIL ACTION NO.: 03 - 3-1(p c
2674 Red Oak Court )
Clearwater, Florida 33761

Plaintiffs

vs .

AMERICAN AIR NETWORK, INC.

Registered Agent, Loreen 1. Morris
17600 Chesterfield Airport Road A T FRANKFORT
Chesterfield, MO 63005 LESLIE G WHITMER
CLERk Li S DlSTRlCTC&URT
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

THUNDER AVIATION SERVICES, INC.

Registered Agent, Jerry Leath
701 North Bell Avenue, Suite 200
Chesterfield, MO 63005
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

THUNDER AVIATION NA, INC.

Registered Agent, Jerry Leath
701 North Bell Avenue, Suite 200
Chesterfield, MO 63005
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

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THUNDER AVIATION ACQUISITION, INC.

Registered Agent, Jerry Leath
701 North Bell Avenue, Suite 200
Chesterfield, MO 63005
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

THUNDER AIR CHARTER, INC.

Registered Agent, Jerry Leath
701 North Bell Avenue, Suite 200
Chesterfield, MO 63005
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

BOMBARDIER, AEROSPACE CORPORATION

Registered Agent, The Corporation Trust Company )
Corporation Trust Center 1
1209 Orange Street 1
Wilmington, Delaware 19801 1
SERVE: Secretary of State 1
Room 86, State Capitol 1
Frankfort, Kentucky 40601 1
and 1
1
GATES LEARJETCORPORATION, 1
the Successor in Interest to LEARJET, INC. 1
Registered Agent, The Corporation Company, Inc. 1
534 South Kansas Avenue 1
Topeka, Kansas 66603-0000 1
SERVE: Secretary of State 1
Room 86, State Capitol 1
Frankfort, Kentucky 40601 1
and 1
1
AIR AMBULANCE CARE FLIGHT
INTERNATIONAL, INC. d/b/a CARE FLIGHT
INTERNATIONAL and its Successor in Interest,
AIR M.D., INC.

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Registered Agent, Martha Kreye

9431 Merrimoor Boulevard
Seminole, Florida 33777
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

HENRY AIR, LTD.

Registered Agent, Christopher M Saternus
102 West Emerson Street
Arlington Heights, I1 60005
SERVE: Secretary of State
Room 86, State Capitol
Frankfort, Kentucky 40601
and

LEXINGTON-FAYETTE URBAN COUNTY

AIRPORT CORPORATION
Registered Agent, Mike Gobb
Blue Grass Airport
4000 Terminal Drive, Suite 206
Lexington, KY 40510

Defendants

* * ** ** ** ** * * * * * * ** * * **

COMPLAINT

Come the plaintiffs, JAMES HENSEL and LORI HENSEL, his spouse, by counsel, and

for their cause of action herein against the defendants, AMERICAN AIR NETWORK, INC.,

THUNDER AVIATION SERVICES, INC., THUNDER AVIATION NA, INC., THUNDER

AVIATION ACQUISITION, INC., THUNDER AIR CHARTER, INC., BOMBARDIER

AEROSPACE CORPORATION, GATES LEARJETCORPORATION, the Successor in Interest to

LEARJET, INC., AIR AMBULANCE CARE FLIGHT INTERNATIONAL, INC., d/b/a CARE

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FLIGHT INTERNATIONAL and its Successor in Interest, AIR M.D., INC., HENRY AIR, LTD.,

and LEXINGTON-FAYETTE URBAN COUNTY AIRPORT CORPORATION, and each of

them, state as follows:

COUNT I

1. The plaintiffs, lame Hensel and Lori Hensel, his spouse, are residents of the State

of Florida, residing at 2674 Red Oak Court, Clearwater, Florida 33761.

2. The defendant, AMERICAN AIR NETWORK, INC., was a corporation organized

and existing under and by virtue of the laws of the State of Missouri and had operational

control, including maintenance, of the Gates LearJet25C, N45CP, which is the subject

aircraft of this litigation. The defendant, American Air Network, Inc., is a fixed-based

operator engaged in air transportation throughout the United States, including the State of

Kentucky. The defendant, American Air Network, Inc., is subject to the personal jurisdiction

of this Court and is amenable to service of process by and through the Secretary of State,

Commonwealth of Kentucky, pursuant to KRS 454.210.

3. The defendants, THUNDER AVIATION SERVICES, INC., THUNDER AVIATION

NA, INC., THUNDER AVIATION ACQUISITION, INC., and THUNDER AIR CHARTER, INC.,

were corporations organized and existing under and by virtue of the laws of the State of

Missouri and in the business of providing maintenance, repair, inspection, overhaul and

monitoring services for aircrafts throughout the United States, including the Gates LearJet

25C, N45CP, which is the subject aircraft of this litigation. The defendants, Thunder

Aviation Services, Inc., Thunder Aviation NA, Inc., Thunder Aviation Acquistion, Inc., and

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Thunder Air Charter, Inc., are subject to the personal jurisdiction of this Court and are

amenable to service of process by and through the Secretary of State, Commonwealth of

Kentucky, pursuant to KRS 454.21 0.

4. The defendants, BOMBARDIER AEROSPACE CORPORATION and/or GATES

LEARJETCORPORATION, the Successor in Interest to LEARJET, INC., were and are foreign

corporations doing business in the United States as manufacturers of aircraft and aircraft

parts that were distributed throughout the United States, including the State of Kentucky.

The defendants, Bombardier Aerospace Corporation and/or Gates LearJetCorporation, the

Successor in Interest to LearJet, Inc., are subject to the personal jurisdiction of this Court and

are amenable to service of process by and through the Secretary of State, Commonwealth of

Kentucky, pursuant to KRS 454.210.

5. At all times material herein, the defendants Bombardier Aerospace

Corporation and/or Gates LearJet,Corporation, the Successor in Interest to LearJet, Inc.,

were the manufacturers of the Gates LearJet25C, N45CP, and its component parts, which is

the subject aircraft of this litigation.

6. The defendant, AIR AMBULANCE CARE FLIGHT INTERNATIONAL, INC., d/b/a

CARE FLIGHT INTERNATIONAL and its Successor in Interest, AIR, M.D., INC., were

corporations organized and existing under and by virtue of the laws of the State of Florida

and doing business in the name of Care Flight International as a medical transport operation

through a business arrangement with the defendant, AMERICAN AIR NETWORK, INC., in

which "d/b/a's" obtained their own customers, charged and collected fees for services under

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their own Department of Transportation-registered d/b/a name, incurred all expenses, and

had operational control of the aircraft, including scheduled and unscheduled maintenance

of the Gates LearJet25C, N45CP, which is the subject aircraft of this litigation. The

defendants, Air Ambulance Care Flight International, Inc., d/b/a Care Flight International and

its Successor in Interest, Air M.D., Inc., were engaged in air transportation through the

United States, including the State of Kentucky, and are subject to the personal jurisdiction of

this Court and are amenable to service of process by and through the Secretary of State,

Commonwealth of Kentucky, pursuant to KRS 454.210.

7. At all times material herein, the defendants, American Air Network, Inc., Air

Ambulance Care Flight International, Inc., d/b/a Care Flight, International and its Successor

in Interest, Air, M.D., Inc., were operating under American Air Network’s 14 C.F.R., Part

135 Certificate and had operational control of the Gates LearJet25C, N45CP, which is the

subject aircraft of this litigation, including scheduled and unscheduled maintenance of the

Gates LearJet25C, N45CP.

8. The defendant, HENRY AIR, LTD., was a corporation organized and existing

under and by virtue of the laws of the State of Illinois and was authorized to do business as

an aircraft operations company. The defendant, Henry Air, Ltd., exercised control and

maintenance over the Gates LearJet25C, N45CP, which is the subject aircraft of this

litigation, and leased the subject aircraft to the defendants, American Air Network, Inc., and

Air Ambulance Care Flight International, Inc., d/b/a Care Flight International and its

Successor in Interest, Air M.D., Inc. The defendant, Henry Air, Ltd., in the ordinary course

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of commerce and trade did business throughout the United States as the owner, lessor

and/or operator of the Gates LearJet25C, N45CP. The defendant, Henry Air, Ltd., is subject

to the personal jurisdiction of this Court and is amenable to service of process by and

through the Secretary of State, Commonwealth of Kentucky, pursuant to KRS 454.21 0.

9. At all times material herein, the defendant, Henry Air Ltd., knowingly placed

its aircraft into the stream of commerce and should have known that the Gates LearJet25C,

N45CP, which is the subject aircraft of this litigation, would be operated in other states,

including the State of Kentucky.

10. The defendant, LEXINGTON-FAYETTEURBAN COUNTY AIRPORT

CORPORATION, was and is a corporation existing under and by virtue of the laws of the

Commonwealth of Kentucky and was authorized to do business as the operator and

controller of the Blue Grass Airport, Lexington, Fayette County, Kentucky, including

management and maintenance of the airport where the Gates LearJet25C, N45CP, crashed

on August 30, 2002.

11. This Court has jurisdiction because the matter in controversy exceeds the sum

of the jurisdictional requirement, exclusive of interest and costs, specified by 28 U.S.C.,

Section 1332.

12. On or about August 30, 2002, the plaintiff, James Hensel, was the co-pilot of

the Gates LearJet25C, N45CP, which is the subject aircraft of this litigation, when it crashed

while in the process of landing at the Blue Grass Airport, in Lexington, Fayette County,

Kentucky.

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13. The Gates LearJet25C, N45CP, manufactured by the defendants,

Bombardier, Inc., and/or Gates LearJetCorporation, the Successor in Interest to LearJet, Inc.,

failed during landing causing said aircraft to land without the proper ability to brake, ran off

the runway and impacted with an airport navigational structure, constructed and negligently

built too close in proximity to the runway by the defendant, Lexington-Fayette Urban

County Airport Corporation, and came to rest on Highway U.S. 60 in Lexington, Fayette

County, Kentucky.

14. As a direct and proximate result of the negligence and carelessness of the

defendants as described above, the Gates LearJet25C, N45CP, crashed, causing the

plaintiff, James Hensel, to suffer severe and permanent injuries in excess of the minimum

jurisdictional limits of this Court,

15. The defendants, American Air Network, Inc., Air Ambulance Care Flight

International, Inc., d/b/a Care Flight International and it Successor in Interest, Air, M.D.,lnc.,

through its agents, servants andlor employees and/or its ostensible and/or apparent agents,

servants and/or employees, were negligent in the operation and control of the Gates LearJet

25C, N45CP aircraft and breached their duties to the plaintiff, James Hensel, in the

following manner:

a. Failure to use reasonable care in the performance of their duties regarding the
repair, maintenance, supervision of maintenance, inspection and certification
of the Gates LearJet25C, N45CP, aircraft;

b. Failure to warn foreseeable users, including the plaintiff, James Hensel, that
the Gates LearJet25C, N45CP, was defective and warn the plaintiff of the
subject aircraft's defective and dangerous condition;

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c. Failed to detect and remedy defects of the Gates LearJet25C, N45CP,

aircraft; and

d. Failed to maintain the Gates LearJet25C, N45CP, in an airworthy condition.

16. As a direct and proximate result of the negligence and carelessness of the

defendants, as described above, the Gates LearJet25C, N45CP, crashed due to a braking

malfunction, causing the plaintiff, James Hensel, to suffer severe and permanent injuries in

excess of the minimum jurisdictional limits of this Court.

17. The defendant, Henry Air Ltd., through its agents, servants and/or employees

and/or its ostensible andlor apparent, agents, servants and/or employees, were negligent and

breached their duties to the plaintiff, James Hensel, in the following manner:

a. Failure to use reasonable care in the performance of their duties regarding the
repair, maintenance, supervision of maintenance, inspection and certification
of the Gates LearJet25C, N45CP, aircraft;

b. Failure to warn foreseeable users, including the plaintiff, James Hensel, that
the Gates LearJet25C, N45CP, was defective and warn the plaintiff of the
subject aircraft’s defective and dangerous condition;

c. Failed to detect and remedy defects of the Gates LearJet25C, N45CP,

aircraft: and

d. Failed to maintain the Gates LearJet25C, N45CP, in an airworthy condition.

18. As a direct and proximate result of the negligence and carelessness of the

defendants as described above, the Gates LearJet25C, N45CP, crashed due to a braking

malfunction, causing the plaintiff, James Hensel, to suffer severe and permanent injuries in

excess of the minimum jurisdictional limits of this Court.

19. The defendants, Thunder Aviation Acquisition, Inc., Thunder Aviation

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Services, Inc., Thunder Aviation NA, Inc., and Thunder Air Charter, Inc., by and through its

agents, servants, and/or employees and/or its ostensible and/or apparent, agents, servants

and/or employees, were negligent and breached their duties to the plaintiff, James Hensel,

in the following manner:

a. Failure to use reasonable care in the performance of their duties regarding the
repair, maintenance, supervision of maintenance, inspection and certification
of the Gates LearJet25C, N45CP, aircraft;

b. Failure to warn foreseeable users, including the plaintiff, James Hensel, that
the Gates LearJet25C, N45CP, was defective and warn the plaintiff of the
subject aircraft's defective and dangerous condition;

c. Failed to detect and remedy defects of the Gates LearJet25C, N45CP,

aircraft; and

d. Failed to maintain the Gates LearJet25C, N45CP, in an airworthy condition.

20. As a direct and proximate result of the negligence and carelessness of the

defendants, as described above, the Gates LearJet25C, N45CP, crashed due to a braking

malfunction, causing the plaintiff, James Hensel, to suffer severe and permanent injuries in

excess of the minimum jurisdictional limits of this Court.

21. The defendants, Thunder Aviation Acquisition, Inc., Thunder Aviation

Services, Inc., Thunder Aviation NA, Inc., and Thunder Air Charter, Inc., fabricated,

assembled, certificated, tested, inspected, marketed, sold, delivered, and introduced into

the stream of commerce components and replacement parts with latent defects that were

and are unreasonably dangerous in their design and manufacture and in their failure to have

adequate warnings and instructions and so are strictly liable.

22. As a direct and proximate result of the defective, unreasonably dangerous and

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unsafe conditions and actions previously alleged, the Gates LearJet25C, N45CP crashed,

leading to the damages suffered by the Plaintiff, James Hensel.

23. The defendants, Lexington-Fayette Urban County Airport Corporation, by and

through its agents, servants, and/or employees and/or its ostensible and/or apparent, agents,

servants and/or employees, were negligent and breached their duties to the plaintiff, James

Hensel, in the following manner:

a. Negligently and carelessly constructed and placed a navigational structure in

close proximity to the runway where the defendant knew or should have
known that it could pose a danger to aircrafts using the runway at the Blue
Grass Airport, including the Gates LearJet25C, N45CP, which is the subject
aircraft of this litigation.

24. As a direct and proximate result of the negligence and carelessness of the

defendants, as described above, the Gates LearJet25C, N45CP, crashed into the

navigational structure, causing the plaintiff, James Hensel, to suffer severe and permanent

injuries in excess of the minimum jurisdictional limits of this Court.

25. On or about August 30, 2002, the plaintiff, James Hensel, was operating the

Gates LearJet25C, N45CP, in the manner in which it was intended to be used when the

aircraft crashed in Lexington, Fayette County, Kentucky, while attempting to land at the Blue

Grass Airport.

26. The Gates LearJet25C, N45CP, aircraft, including its component parts, were

designed, manufactured, constructed, inspected, distributed, marketed and sold by the

defendants, Bombadier, Aerospace Corporation and/or Gates LearJetCorporation, the

Successor in Interest to LearJet, Inc., in an unreasonably dangerous condition by reason of

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defects in design, manufacture, construction and assembly, for which the defendants should

be held strictly liable.

27. The defects herein, include without limitation, failure to properly design,

manufacture, construct and assemble and instruct and warn users, including the plaintiff,

James Hensel, of such defects. The defects described above are substantial factors directly

and proximately causing the plaintiff, James Hensel, to sustain the damages described

herein.

28. The defendants, Bombadier, Aerospace Corporation and/or Gates LearJet

Corporation, the Successor in Interest to LearJet, Inc., expressly or impliedly warranted that

the Gates LearJet25C, N45CP, aircraft was merchantable and fit for the ordinary purpose

for which the product was intended to be used and also fit for the purpose for which it was

being used at the time of this crash causing injuries to the plaintiff, James Hensel.

29. The defendants, Bombadier Aerospace Corporation and/or Gates LearJet

Corporation, the Successor in Interest to LearJet, Inc., failed to exercise a degree of care and

skill which a reasonable person or business entity would have exercised under the

circumstances, resulting in the negligent design, manufacture and assembly of the Gates

LearJet25C, N45CP, and its component parts, such that it was not reasonably safe for its

intended and foreseeable use. Such negligence is the direct and proximate result of the

crash that occurred on August 30, 2002.

30. The defendants, Bombadier Aerospace Corporation and/or Gates LearJet

Corporation, the Successor in Interest to LearJet, Inc., expressly and/or impliedly warranted

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that the Gates LearJet25C, N45CP, aircraft was free from defects and reasonably safe and fit

for its foreseeable uses and of a merchantable quality when it left the defendants control.

31. The defendants, Bombardier Aerospace Corporation and/or Gates LearJet

Corporation, the Successor in interest to LearJet, Inc., breached said warranties by delivering

the Gates LearJet25C, N45CP, aircraft in a dangerously defective, unreasonably hazardous

and unsafe condition, not reasonably safe and fit for its intended and foreseeable uses and

in a condition not of merchantable quality under the circumstances.

32. As a direct and proximate result of the defendants’ breaches of express and/or

implied warranties, the plaintiff, James Hensel, suffered injuries and damages described

herein.

33. As a direct and proximate result of the negligence and carelessness of all

defendants, as described above, the plaintiff, James Hensel, sustained serious, painful and

permanent injuries, causing him to suffer great physical pain and mental anguish;

permanently impairing his power to labor and earn money and he will, in the future, incur

such damages.

34. As a direct and proximate result of the negligence and carelessness of all

defendants, as described above, the plaintiff, James Hensel, has been caused to lose time

and labor from his gainful employment, incur expenses for medical care and treatment,

expenses necessary for a household assistant, personal care and nursing care expenses and

will, in the future, incur such damages, all to his detriment.

35. As a direct and proximate result of the negligence and carelessness of all

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defendants, as described above, the plaintiff, James Hensel, is at an increased risk for future

medical complications and has been caused to suffer a substantial loss of chance of recovery

from his injuries.

COUNT It

1. Plaintiffs adopt, reiterate and reallege each prior allegation of the Complaint

as if fully set forth herein.

2. At all times mentioned herein, the plaintiffs, James Hensel and Lori Hensel,

were husband and wife lawfully married and residing in Clearwater, Florida.

3. As a direct and proximate result of the negligence and carelessness of the

defendants, and each of them, as described above, the plaintiff, Lori Hensel, was caused to

lose the companionship, services, love, affection and society of her husband, James Hensel,

and has been required to render extraordinary services on his behalf and will, in the future,

be required to render such services on his behalf far in excess of those normally required

between husband and wife and has been damaged as a result of the defendants' negligence

described above.

WHEREFORE, the plaintiffs, JAMES HENSEL, and LORI HENSEL, his spouse, pray for

judgment against the defendants, AMERICAN AIR NETWORK, INC., THUNDER AVIATION

SERVICES, INC., THUNDER AVIATION NA, INC., THUNDER AVIATION ACQUISITION,

INC., THUNDER AIR CHARTER, INC., BOMBARDIER AEROSPACE CORPORATION,

GATES LEARJETCORPORATION, the Successor in Interest to LEARJETINC., AIR

AMBULANCE CARE FLIGHT INTERNATIONAL, INC., d/b/a CARE FLIGHT,

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INTERNATIONAL, and its Successor in Interest, AIR, M.D., INC., HENRY AIR, LTD., and

LEXINGTON-FAYETTE URBAN COUNTY AIRPORT CORPORATION, and each of them, in

an amount exceeding the minimum jurisdictional requirements of this Court; for trial by

jury; for their costs herein expended; for pre-judgment and post-judgment interest; and for

all other relief to which they may appear to be entitled.

DOLT, THOMPSON, SHEPHERD & KINNEY, P.S.C.

A

FREDERICK C. D O L T
31 0 Starks Building
455 South Fourth Avenue
Louisville, KY 40202
(502) 587-6554
Counsel for Plaintiffs

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