MAUER Et Al v. BOMBARDIER, INC. Et Al Complaint

Case 3:11-cv-00648-JAP -LHG Document 1 Filed 02/04/11 Page 1 of 17 PageID: 1
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY
-----------------------------------------------------------)(
SCOTT A. MAURER and THERESA A. MAURER Civil Action No.:
as Co-Administrators Ad Prosequendum of the
Estate of LORIN ANN MAURER, Deceased, COMPLAINT
Plaintiffs,
-against- PLAINTIFFS DEMAND
A TRIAL BY JURY
BOMBARDIER, INC., and BOMBARDIER
AEROSPACE CORPORATION,
Defendants.
-----------------------------------------------------------)(
Plaintiffs, Seott A. Maurer and Theresa A. Maurer, Individually and as Co-
Administrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, by and through
their attorneys, Baumeister & Samuels, a Professional Corporation, respectfully allege as
follows:
JURISDICTION AND VENUE
I. Plaintiffs, Scott A. Maurer and Theresa A. Maurer, are the parents of the
decedent, Lorin Ann Maurer, and were appointed Co-Administrators Ad Prosequendum of their
daughter's estate by the Surrogate's Court of the State of New Jersey, County of Mercer, on the
24th day of July, 2009 and plaintiffs are presently acting in said capacity. Plaintiffs bring this
action on behalf of themselves and in their representative capacities on behalf of all potential
beneficiaries, heirs, distributees and the estate as allowed under the applicable law.
2. Plaintiffs Scott A. Maurer and Theresa A. Maurer are citizens of the State of New
Jersey, in accordance with 28 U.S.C. § 1332(c)(2) as, at the time of her death, the decedent, Lorin
Ann Maurer, was a citizen of the State of New Jersey.

3. Defendant, Bombardier, Inc., is a foreign corporation duly organized and existing
under the laws of Canada, maintaining its principal place of business in Montreal, Quebec,
Canada, and at all times relevant hereto does regularly and continually conduct and transact
business within the State of new Jersey, and specifically within this judicial district, sufficient to
satisfy the requirements for exercising personal jurisdiction and venue over this defendant.
4. Defendant Bombardier Aerospace Corporation, is a corporation duly organized
and existing under the laws of the State of Texas, maintaining its principal place of business in
Quebec, Canada, and at all times relevant hereto does regularly and continually conduct and
transact business within the State of New Jersey, and specifically within this judicial district,
sufficient to satisfy the requirements for exercising personal jurisdiction and venue over this
defendant.
5. At all relevant times herein and upon information and belief, the defendant
Bombardier Aerospace Corporation, is a wholly owned subsidiary of the defendant Bombardier,
Inc., and/or were and are interrelated companies, and as such, said defendants shall be
collectively referred to as "Bombardier".
6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 due to the
diversity of citizenship between the parties and the amount in controversy exceeds Seventy Five
Thousand ($75,000.00) Dollars, exclusive of interest and costs.
7. Venue is founded upon 28 U.S.c. § 1391.
GENERAL ALLEGATIONS APPLICABLE TO ALL COUNTS
8. Plaintiffs Scott A. Maurer and Theresa A. Maurer are the parents of the decedent,
Lorin Ann Maurer. Plaintiffs bring this action on behalf of themselves individually, as well as in
their representative capacities on behalf of all next of kin, heirs at law, survivors and/or
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beneficiaries of the decedent, Lorin Ann Maurer, as well as on behalf of the estate of the
decedent, and on behalf of any other individual entitled to recover under the applicable law.
9. On and prior to February 12,2009, Colgan Air, Inc., ("Colgan") was a regional
airline certified under Part 121 of the Federal Aviation Regulations and operated regularly
scheduled passenger flights to and from Buffalo-Niagara International Airport located in
Buffalo, New York.
10. On and prior to February 12,2009, Colgan was and is a commercial air carrier
engaged in the business of carrying passengers for hire in interstate commerce.
II. On and prior to February 12, 2009, Continental Airlines Inc., ("Continental") was
a major airline certified under Part 121 of the Federal Aviation Regulations and operated
regularly scheduled passenger flights to and from Buffalo-Niagara International Airport located
in Buffalo, New York.
12. On and prior to February 12,2009, Continental was and is a commercial air
carrier engaged in the business of carrying passengers for hire in interstate and international
commerce.
13. On February 12,2009 Colgan owned and/or operated, and/or Continental
operated a certain Bombardier DHC-8-402, Q400 model series aircraft, bearing registration
number N 200WQ (the "subject aircraft"), as Colgan Air Flight 3407 d/b/a Continental
Connection Flight 3407, as a scheduled flight from Newark Liberty International Airport located
in Newark, New Jersey to Buffalo-Niagara International Airport located in Buffalo, New York
("Colgan Air Flight 3407 d/b/a Continental Connection Flight 3407").
14. At all times relevant hereto, defendant Bombardier, designed, manufactured,
assembled, inspected, tested, distributed, serviced, maintained, monitored, marketed, sold and
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placed into the stream of commerce, the subject aircraft, as well as its component parts and
systems, including, but not limited to, the subject aircraft's anti-icing and de-icing systems,
flight control systems, and its stall warning and protection system, and their associated
components, and wrote and/or approved warnings, advice, instructions and guidance for the
subject aircraft, including its aircraft tlight manual, aircraft operating manual, maintenance
manual, maintenance and repair instructions, overhaul manual, service bulletins, inspection
schedules and service life schedules, and provided training to Colgan's flight crews, including,
but not limited to, with respect to flight in known icing conditions, the use of auto-pilot in known
icing conditions, and upset recovery, including, but not limited to, recognizing, preventing and
correcting an aerodynamic stall as well as the operation of the subject aircraft's anti-ice and de-
ice systems, and its' stall warning and protection system.
15. Colgan and/or Continental was a common carrier for hire and owned, serviced,
maintained, repaired, inspected and/or operated the subject aircraft and its component parts and
systems, and provided training, instruction, guidance and/or supervision to the flight crew of the
subject aircraft, and either on their own and/or in conjunction with the defendant Bombardier,
wrote and/or approved instructions and warnings for the subject aircraft and its component parts
and systems, including, but not limited to, its aircraft flight manual, aircraft operating manual,
maintenance manual, maintenance instructions, inspection schedules, training manuals,
curriculum and/or procedures, including, but not limited to, training, procedures and operations
regarding flight in known icing conditions, the use of auto-pilot in known icing conditions, and
upset recovery, including, but not limited to, recognizing, preventing and correcting an
aerodynamic stall as well as the operation of the subject aircraft's anti-ice and de-ice systems,
and its' stall warning and protection system.
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16. On February 12, 2009, the decedent, Lorin A. Maurer, was a passenger on board
Colgan Air Flight 3407 d/b/a Continental Connection Flight 3407.
17. On February 12,2009, at approximately 10: 17 P.M., the subject aircraft was
t1ying on auto-pilot in knov.m icing conditions on its instrument approach to Runway 23 at the
Buffalo-Niagara International Airport.
18. At said time and place, the t1ight crew allowed the subject aircraft to become too
slow which caused the aircraft's stall warning and protection system, which consists of stick
shaker and stick pusher, to activate.
19. At the time ofthe activation of stick shaker, which is designed to alert the t1ight
crew to an impending aerodynamic stall, which then would have been followed by stick pusher
which would have automatically moved the control column forward thereby lowering the
aircraft's nose and increasing speed, there was a 25 pound pilot-induced pull force on the control
column which caused the nose of the aircraft to pitch up, further slowing the aircraft and causing
the aircraft to enter an aerodynamic stall.
20. At said time and place, and approximately two seconds after the activation of
stick shaker and the pilot induced pull force on the control column, the aircraft departed
controlled t1ight, entered an uncommanded roll and spin and crashed approximately five miles
northeast of the Buffalo-Niagara International Airport, killing all 45 passengers on the aircraft,
including the plaintiffs' decedent, as well as an individual on the ground.
21. As a result of the foregoing, the subject aircraft spiraled out of control and entered
an uncontrolled descent and violently moved about in abnormal and unexpected directions
causing the Plaintiffs' decedent to experience unusual G-forces, resulting in physical injuries,
conscious pain and suffering, mental anguish, emotional distress and other damages and upset to
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Plaintiffs' decedent.
22. As a direct and proximate result of the acts and/or omissions of the defendant
Bombardier, and others, who are liable, jointly and/or severally liable, there was a measurable
and significant period oftime prior to the Plaintiffs' decedent's death during which decedent,
Lorin A. Maurer, sustained significant personal injuries, including conscious and physical pain
and suffering, pre-impact fright and terror, fear of impending death, post-impact fright and
terror, mental anguish, emotional distress, and other severe injuries for a measurable period of
time prior to her death, for which the defendant is liable, jointly and/or severally, with no
negligence on the part of the decedent contributing thereto.
23. As a direct and proximate result ofthe foregoing, the estate of Lorin A. Maurer,
the heirs and distributees of the decedent's estate, as well as anyone entitled to recover under the
applicable law, represented by the Plaintiffs, Scott A. Maurer and Theresa A. Maurer, as Co-
Administrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, are seeking all
wrongful death and survival damages under the applicable law, including, but not limited to, all
economic and non-economic damages, including the loss of the gross earning power of the
decedent, the loss of past earnings, the loss of future earnings and earning capacity, loss of
accumulations, full pecuniary loss of the decedent, loss of income, support, society, love, grief,
consortium, services, guidance, care, comfort, companionship, advice, together with the
pecuniary values of the losses thereof, and the inheritance of the decedent, loss oflife's
pleasures, loss of enjoyment of life, and damages for mental anguish and mental pain and
suffering, and the heirs and distributees of the decedent's estate were caused to incur other
necessary and reasonable expenses as a result of the decedent's death, including, but not limited
to, funeral and burial costs, and were otherwise damaged, and the within action is also brought
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by Plaintiffs Scott A. Maurer and Theresa A. Maurer, individually and in their own right, for all
damages recoverable under the applicable law for them and for all beneficiaries and potential
beneficiaries of the decedent.
24. Plaintiffs originally filed suit against Colgan Airlines, Inc., Pinnacle Airlines,
Corp., and Continental Airlines, Inc., in this Court (which is pending) as the result of the
decedent's death, and the allegations contained therein are incorporated herein by reference.
AS AND FOR A FIRST CAUSE OF ACTION

FOR NEGLIGENCE AGAINST THE
DEFENDANT BOMBARDIER
25. Plaintiffs repeat, reiterate and reallege each and evcry allegation contained in
paragraphs" I " through "24" as if fully set forth hereiu at length.
26. The subject crash, injuries and death of the decedent were caused, in part, by the
negligence and carelessness of the defendant Bombardier, including its officers, agents, servants
and/or employees, in that it:
a. negligently and carelessly designed, manufactured, assembled, inspected, tested,
distributed, serviced, maintained, monitored, marketed, sold and placed into the
stream of commerce the subject aircraft and its component parts and systems,
including, but not limited to, the subject aircraft's anti-icing and de-icing systems,
flight control systems, and its stall warning and protection system, and their
associated components;
b. negligently and carelessly failed to warn of the risks associated with the subject
aircraft, including its anti-icing and de-icing systems, flight control systems, and
the stall warning and protection system, and their associated components;
c. failed to design, mannfacture, and assemble the subject aircraft free of all defects;
-7-
d. failed to design, manufacture, assemble and/or equip the subject aircraft with an
audible low-speed alerting system that would have provided an aural alert to the
flight crew of the subject aircraft that the aircraft was becoming dangerously slow
and that the stall warning and protection system was about to activate and that
corrective action was necessary;
e. failed to design, manufacture, assemble and/or equip the subject aircraft with an
additional visual warning consisting of an amber band on the Indicated Airspeed
Display that would have provided the flight crew of the subject aircraft with an
additional visual cue that the aircraft was becoming dangerously slow and that
corrective action was necessary;
f. failed to design, manufacture, assemble and/or equip tbe subject aircraft with an
auto-throttle system that would have automatically maintained sufficient airspeed
to prevent the activation of the subject aircraft's stall warning and protection
system thereby creating the potential for a catastrophic in-flight event;
g. failed to include and/or recommend in either the manufacturer aircraft flight
manual and/or aircraft operating manual, including but not limited to, all
checklists and procedures, a mandatory procedure or cross-check that required the
flight crew of the subject aircraft to insure that the landing speed was accurate
based upon the position of the Ref Speed Switch located on the subject aircraft's
ice protection panel to insure that the subject aircraft's stall warning and
protection system does not prematurely activate thereby creating the potential for
a catastrophic in-flight event;
-8-
h. improperly trained Colgan flight crews including. but not limited to, with respect
to flight in kno~TI icing conditions, the use of auto-pilot in known icing
conditions, and upset recovery, including, but not limited to, recognizing,
preventing and correcting an aerodynamic stall as well as the operation of the
subject aircraft's anti-ice and de-ice systems, and its' stall warning and protection
system; and
I. was otherwise negligent and/or careless.
27. As a direct and proximate result of the foregoing, there was a measurable and
significant period of time prior to the Plaintiffs' decedent's death during which decedent, Lorin
A. Maurer, sustained significant personal injuries, including conscious and physical pain and
suffering, pre-impact fright and terror, fear of impending death, post-impact fright and terror,
mental anguish, emotional distress, and other severe injuries for a measurable period of time
prior to her death, for which the defendant is liable, jointly and/or severally, with no negligence
on the part of the decedent contributing thereto.
28. As a direct and proximate result of the foregoing, the estate of Lorin A. Maurer,
~Tongful death and survival damages under the applicable law, including, but not limited to, all
-9-
29. Defendant's breach of its duties and the failure of defendantto exercise the level
of care appropriate and reasonable as set forth herein was, in part, a proximate and legal cause
and substantial factor in the causing of Plaintiffs' decedent's injuries, damages and losses.
30. As a direct and proximate result of the breach of duties and responsibilities,
negligence and carelessness of the defendant, in part andjointIy and/or severally, the subject
aircraft crashed resulting in injuries to and the death of Plaintiffs' decedent, all for which the
Plaintiffs, Plaintiffs' decedent's estate and the statutory beneficiaries and/or next of kin thereof,
and/or any other individual entitled to recover, seek damages, compensation and financial
recovery as previously alleged and as permitted by applicable law.
WHEREFORE, plaintiffs, Scott A. Maurer and Theresa A. Maurer, demand judgment for
all damages allowed under the applicable law against the defendant Bombardier in excess of the
jurisdictional limitations of this Honorable Court, in addition to interest, costs of suit, attorneys'
fees and for such other and further relief as the court deems just.
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AS AND FOR A SECOND CAUSE OF ACTION

FOR STRICT PRODUCTS LIABILITY
AGAINST DEFENDANT BOMBARDIER
31. Plaintiffs repeat, reiterate and reallege each and every allegation contained in
paragraphs" 1" through "30" as iffully set forth herein at length.
32. On February 12, 2009, the subject aircraft and its component parts and systems,
including, but not limited to, the subject aircraft's anti-icing and de-icing systems, flight control
systems, and its stall warning and protection system, and their associated components, and their
attendant instructions, were being operated and used for the purposes and in the manner for
which they were designed, manufactured, assembled, inspected, tested, distributed, sold,
serviced, maintained, and/or repaired, and intended to be used, in a manner reasonably
foreseeable to defendant Bombardier, and in a condition without substantial change from their
original condition when sold by defendant Bombardier.
33. On February 12,2009, the subject aircraft and its component parts and systems,
including, but not limited to, the subject aircraft's anti-icing and de-icing systems, flight control
attendant instructions, were defective and unreasonably dangerous and unsafe by reason of
defendant Bombardier's defective design, manufacture, assembly, inspection, testing,
distribution, sale, warnings and instructions, service, maintenance and/or repair of the subject
aircraft and its component parts and systems, including, but not limited to, the subject aircraft's
anti-icing and de-icing systems, flight control systems, and its stall warning and protection
system, and their associated components, and their attendant instructions, all of which had the
potential to lead to the unexpected in-flight activation of the subject aircraft's stall warning and
protection system, which ultimately could, and did, lead to the loss of controlled flight.
-11-
34. The crash, injuries and death of the decedent were caused, in part, by the
aforementioned defective, unreasonably dangerous and unsafe condition of the subject aircraft
and its component parts and systems, including, but not limited to, the subject aircraft's anti-
icing and de-icing systems, flight control systems, and its stall warning and protection system,
and their associated components, and their attendant instructions, all of which had the potential
to cause the unexpected in-flight activation of the subject aircraft's stall warning and protection
system which ultimately could, and did, lead to the loss of controlled flight.
35. As a direct and proximate result of the foregoing, there was a measurable and
A. Maurer, sustained significant personal injuries, including conscious and physical pain and
on the part of the decedent contributing thereto.
36. As a direct and proximate result of the foregoing, the estate of Lorin A. Maurer,
accumulations, full pecuniary loss of the decedent, loss of income, support, society, love, griet~
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beneficiaries of the decedent
37, Defendant's failures, as set forth herein, was, in part, a proximate and legal cause
and substantial factor in the causing of Plaintiffs' decedent's injuries, damages and losses and as
such, defendant is strictly liable in tort to Plaintiffs.
38. As a direct and proximate result of the foregoing failures of the defendant, in part,
and jointly and/or severally, the subject aircraft crashed resulting in injuries to and the death of
Plaintiffs' decedent, all for which the Plaintiffs, Plaintiffs' decedent's estate and the statutory
beneficiaries and/or next of kin thereof, and/or any other individual entitled to recover, seek
damages, compensation and financial recovery as previously alleged and as permitted by
applicable law.
fees and for such other and further relief as the court deems just
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AS AND FOR A THIRD CAUSE OF ACTION

FOR BREACH OF WARRANTY AGAINST
DEFENDANT BOMBARDIER
paragraphs" 1" through "38" as if fully set forth herein at length.
40. Prior to February 12, 2009, defendant Bombardier expressly and/or impliedly
warranted and represented that the subject aircraft and its component parts and systems,
including, but not limited to, the subject aircraft's anti-icing and de-icing systems, Hight control
attendant instructions, were airworthy, of merchantable quality, and/or fit and safe for the
purposes for which they were designed, manufactured, assembled, inspected, tested, distributed,
sold, serviced, maintained, and/or repaired, intended and used, and defendant Bombardier further
warranted that the subject aircraft and its component parts and systems, including, but not
limited to, the subject aircraft's anti-icing and de-icing systems, Hight control systems, and its
stall warning and protection system, and their associated components, and their attendant
instructions, were free from all defects.
41. Defendant Bombardier breached said warranties in that the subject aircraft and its
component parts and systems, including, but not limited to, the subject aircraft's anti-icing and
dc-icing systems, Hight control systems, and its stall warning and protection system, and their
associated components, and their attendant instructions, were not airworthy, of merchantable
quality, and/or fit and safe for the purposes for which they were designed, manufactured,
assembled, inspected, tested, distributed, sold, serviced, maintained, and/or repaired, intended
and used and further were not free from all defects, and said breaches of warranty, caused, in
part, the crash injuries and death of Plaintiffs' decedent.
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42, As a direct and proximate result of the foregoing, there was a measurable and
A, Maurer, sustained significant personal injuries, including conscious and physical pain and
on the part of the decedent contributing thereto,
43, As a direct and proximate result of the foregoing, the estate of Lorin A Maurer,
applicable law, represented by the Plaintiffs, Scott A, Maurer and Theresa A Maurer, as Co-
decedent, the loss of past earnings, the loss of future eamings and earning capacity, loss of
pecuniary values of the losses thereof, and the inheritance of the decedent, loss of life's
by Plaintiffs Scott A, Maurer and Theresa A, Maurer, individually and in their own right, for all
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44. Defendant's failures, as set forth herein, was, in part, a proximate and legal cause
and substantial factor in the causing of Plaintiffs' decedent's injuries, damages and losses and as
such, defendant is liable for breach of warranties to Plaintiffs.
45. As a direct and proximate result of the foregoing failures of the defendant, in part,
and jointly and/or severally, the subject aircraft crashed resulting in injuries to and the death of
Plaintiffs' decedent, all for which the Plaintiffs, Plaintiffs' decedent's estate and the statutory
beneficiaries and/or next of kin thereof, and/or any other individual entitled to recover, seek
damages, compensation and financial recovery as previously alleged and as permitted by
applicable law.
fees and for such other and further relief as the court deems just.
AS AND FOR A FOURTH CAUSE OF ACTION

FOR PUNITIVE DAMAGES
paragraphs "1" through "45" as if fully set forth herein at length.
47. The actions and omissions ofthe defendants named herein, including their own
conduct as well as the actions and omissions of its officers, agents, servants and/or employees as
set forth herein, were outrageous and grossly negligent and said defendants acted with wanton
·16·
andlor reckless disregard for the safety of other persons, specifically including the Plaintiffs'
decedent, and as such said conduct warrants the imposition of punitive damages.
48. One or more of the allegations of the outrageous, grossly negligent andlor
reckless conduct of the defendants as alleged herein was a substantial factor in causing the
injuries and death of the Plaintiffs' decedent, Lorin A. Maurer, as described in this Complaint.
49. Based upon the foregoing, Plaintiffs are entitled to punitive damages pursuant to
the applicable law.
WHEREFORE, Plaintiffs, Scott A. Maurer and Theresa A. Maurer, demand judgment for
punitive damages as allowed under the applicable law against all of the defendants, jointly
andlor severally, in excess of the jurisdictional limitations of this Honorable Court, in addition to
interest, eosts of suit, attorneys' fees and for such other and further relief as the court deems just.
DEMAND FOR TRIAL BY JURY
Plaintiffs demand a trial by jury on all claims.
Dated: February 4,20 II

Respectfully submitted,
By: ~~
~. Bauteister (MB 1896)
Dorothea M. Capone (DC 8582)
BAUMEISTER & SAMUELS, P.c.

Attorneys for Plaintiffs
One Exchange Plaza
New York, New York 10006
Phone: (212) 363-1200
Emails:mbaumeister0!baumeisterlaw.com
tcapone0!baumeisterlaw.com
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MAUER Et Al v. BOMBARDIER, INC. Et Al Complaint

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Case 3:11-cv-00648-JAP -LHG Document 1 Filed 02/04/11 Page 1 of 17 PageID: 1

UNITED STATES DISTRICT COURT

Administrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, by and through

their attorneys, Baumeister & Samuels, a Professional Corporation, respectfully allege as

JURISDICTION AND VENUE

Ann Maurer, was a citizen of the State of New Jersey.

3. Defendant, Bombardier, Inc., is a foreign corporation duly organized and existing

4. Defendant Bombardier Aerospace Corporation, is a corporation duly organized

Bombardier Aerospace Corporation, is a wholly owned subsidiary of the defendant Bombardier,

collectively referred to as "Bombardier".

Thousand ($75,000.00) Dollars, exclusive of interest and costs.

7. Venue is founded upon 28 U.S.c. § 1391.

GENERAL ALLEGATIONS APPLICABLE TO ALL COUNTS

scheduled passenger flights to and from Buffalo-Niagara International Airport located in

Buffalo, New York.

engaged in the business of carrying passengers for hire in interstate commerce.

in Buffalo, New York.

13. On February 12,2009 Colgan owned and/or operated, and/or Continental

("Colgan Air Flight 3407 d/b/a Continental Connection Flight 3407").

14. At all times relevant hereto, defendant Bombardier, designed, manufactured,

ice systems, and its' stall warning and protection system.

maintenance manual, maintenance instructions, inspection schedules, training manuals,

and its' stall warning and protection system.

Colgan Air Flight 3407 d/b/a Continental Connection Flight 3407.

Buffalo-Niagara International Airport.

shaker and stick pusher, to activate.

the aircraft to enter an aerodynamic stall.

including the plaintiffs' decedent, as well as an individual on the ground.

negligence on the part of the decedent contributing thereto.

beneficiaries of the decedent.

AS AND FOR A FIRST CAUSE OF ACTION

paragraphs" I " through "24" as if fully set forth hereiu at length.

and/or employees, in that it:

a. negligently and carelessly designed, manufactured, assembled, inspected, tested,

corrective action was necessary;

additional visual warning consisting of an amber band on the Indicated Airspeed

corrective action was necessary;

auto-throttle system that would have automatically maintained sufficient airspeed

system thereby creating the potential for a catastrophic in-flight event;

g. failed to include and/or recommend in either the manufacturer aircraft flight

checklists and procedures, a mandatory procedure or cross-check that required the

a catastrophic in-flight event;

to flight in kno~TI icing conditions, the use of auto-pilot in known icing

preventing and correcting an aerodynamic stall as well as the operation of the

I. was otherwise negligent and/or careless.

on the part of the decedent contributing thereto.

beneficiaries of the decedent.

recovery as previously alleged and as permitted by applicable law.

AS AND FOR A SECOND CAUSE OF ACTION

paragraphs" 1" through "30" as iffully set forth herein at length.

serviced, maintained, and/or repaired, and intended to be used, in a manner reasonably

original condition when sold by defendant Bombardier.

defendant Bombardier's defective design, manufacture, assembly, inspection, testing,

on the part of the decedent contributing thereto.

beneficiaries of the decedent

such, defendant is strictly liable in tort to Plaintiffs.

damages, compensation and financial recovery as previously alleged and as permitted by

AS AND FOR A THIRD CAUSE OF ACTION

paragraphs" 1" through "38" as if fully set forth herein at length.

instructions, were free from all defects.

part, the crash injuries and death of Plaintiffs' decedent.

on the part of the decedent contributing thereto,