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HENSEL Et Al v. AMERICAN AIR NETWORK, INC. Et Al Complaint
HENSEL Et Al v. AMERICAN AIR NETWORK, INC. Et Al Complaint
Plaintiffs
vs .
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Defendants
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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.,
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.,
COUNT I
1. The plaintiffs, lame Hensel and Lori Hensel, his spouse, are residents of the State
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,
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
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.
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
were the manufacturers of the Gates LearJet25C, N45CP, and its component parts, which is
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,
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
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
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,
CORPORATION, was and is a corporation existing under and by virtue of the laws of the
controller of the Blue Grass Airport, Lexington, Fayette County, Kentucky, including
management and maintenance of the airport where the Gates LearJet25C, N45CP, crashed
11. This Court has jurisdiction because the matter in controversy exceeds the sum
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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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
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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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
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;
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
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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,
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;
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
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
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,
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
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
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
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defects in design, manufacture, construction and assembly, for which the defendants should
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.
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.
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
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.
Corporation, the Successor in interest to LearJet, Inc., breached said warranties by delivering
and unsafe condition, not reasonably safe and fit for its intended and foreseeable uses and
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
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
COUNT It
1. Plaintiffs adopt, reiterate and reallege each prior allegation of the Complaint
2. At all times mentioned herein, the plaintiffs, James Hensel and Lori Hensel,
were husband and wife lawfully married and residing in Clearwater, Florida.
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
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INTERNATIONAL, and its Successor in Interest, AIR, M.D., INC., HENRY AIR, LTD., and
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
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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