Professional Documents
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MIGDALSKI, Et Al v. BOMBARDIER, INC., Et Al Complaint
MIGDALSKI, Et Al v. BOMBARDIER, INC., Et Al Complaint
MIGDALSKI, Et Al v. BOMBARDIER, INC., Et Al Complaint
CASE NO . :
JENNY L . MIGDALSKI, as )
25
Personal Representative of the Estate of
RICHARD PETER CESARZ, Deceased, )
and on behalf of his sole heir and survivor, )
SUSAN CESARZ MONTOYA, individuall y, )
Plaintiff, )
Defendants . ) .T r
a+
COMES NOW Plaintiff, by and tluough the undersigned counsel pursuant to the Florida
Rules of Civil Procedure and Florida Statute §768 .16 . el seq ., hereby sues the Defendants,
1
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I This is an action for damages in excess of 1 `111een T hou sand (15 ,000 ) dollars,
2 . Venue is proper because the parties either reside in this circuit or the events
11 . PARTIE S
Representative of the Estate of RICHARD PETER CESARZ and brings this action on behalf of
his Estate and his sole heir and su rvivor, SUSAN CESARZ MONTOYA, individually .
RICI-IARD PETER CESARZ was twenty-three (23) years of age and a statutory minor at the
was a resident of the state of Florida . County of Broward . His estate is in Probate in the state of
entitled to recover on behalf ol' the Estate compensation for the Wrongful Death and personal
also entitled to recover the pecuniary loss occasioned by the survivor of'the Decedent, SUSA N
CESARZ MONTOYA, his sole heir, as a result of his wrongful death, including , without
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 11 of 50
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limitation, the loss of, consortium, grief, pain and suffering and other damages caused by the
Defendants .
corporation with subsidiaries registered to do business in the state of Florida and with its offices
and headquarters at 800 13ou1 Rene-Levesque Boulevard West, Montreal . Quebec, Canada .
Florida through the production of commercial aircraft that land and takeoff at airports throughout
the state under the names of common carriers operating in the state of Florida .
BOMBARDIER's aircraft supplied to the common carrier, Pinnacle Airlines, Inc . . in whole or in
Florida and with . its of (ices and headquarters at 400 COOte-Vertu Road West, Dorval . Quebec,
12. BAC maintains significant contacts with the state of Florida through the
production of commercial aircraft that land and takeoff at airports throughout the state under the
names of common carriers operating in the state of Florida . BAC's aircraft supplied to the
common carrier, Pinnacle Airlines, Inc ., in whole or in part caused or contributed to the accident
corporation authorized to do business in the state of Florida, with its principle place of business
at I River Road. Schenectady, New York . GE is subject to the jurisdiction of the Court pursuant
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in the state of Florida, with oil ices located at 13350 US I ligl ► way 19 North, Clearwater, Florida,
and its principle place of business at 101 Columbia Road, Morristown, New Jersey .
HONEYWELL is subject to the jurisdiction of the Court pursuant to §§48 .193 Fla . Stat ., in that
IONEYWELL :
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an Ohio corporation authorized to do business in the state of Florida with its offices and
the jurisdiction of the Court pursuant to §48 .193 Fla . Stat ., in that PARKER I IANNIFIN :
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e.) Owns, leases and/or uses real estate in the state of Florida :
corporation authorized to do business in the state of Florida, with its ottices and headquarters at
2700 Lone Oak Parkway, Dept #A4450, St . Paul, Minnesota . NORTI-]WEST is subject to the
jurisdiction of the Court pursuant to §48 .193 Fla . Slat ., in that NORTHWEST :
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principle place of business at 418-A East Live Oak Avenue, Arcadia , California, whose
component parts supplied to the engine manufacturer in whole or in part caused or contributed to
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18 . At all times material Hereto . the subject CRJ - 200 was owned by NORTHWEST,
WEST,
which coiitracted with Pinnacle Airlines, Inc . to 11v the CRJ aircraft to various regional location s
19. At all times material hereto . Decedent, C[SAIZ7., was an employee of Pinnacle
Airlines, Inc .
20 . The CRJ-200 was and is a certified fifty (50) passenger turbofan jet aircraft used
f>r commercial regional travel throughout the United States and Canada .
(9000) pound thrust class turbofan engines ("powerplants") designed, manufactured, assembled,
sold . serviced, repaired and maintained by GE, which are nanufactured and authorized to fl y up
to and including thLL manufacturer's specified blight ceiling altitude of 41,000 feet (hereinafter the
"subject engines") .
22 . The subject CRJ-200 was equipped with an auxiliary power unit (the "subject
APU), electronic control unit (ECU), pneumatic control valves and other component parts which
I IONEYWELL, which are used to provide electrical power engine starts, fuel flow, and provide
power assisted restarts in aircraft while the aircraft is either on the ground or in the air .
sold, serviced, repaired and maintained the subject CR .I-200 ignition system units, which control
24 . From April 16, 2001 through October 13, 2004, the KGS ignition systems of the
subject CRJ-200 were reported inoperable at least thirty-two times . Twenty- nine discrepancie s
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LU
were reported li>r Ignition System B and three discrepancies were reported for Ignition Syste m
A.
-) S 1 he subject CRi-200's ignition units were rctur ► lcd to the inanulacturer liar repai r
or replacement lllicen times . In twelve instances in Ignition System B the static inverter was
replaced, in two instances the relay 1 K3KB I was replaced and in one instance the cockpit switch
was replaced .
since 1998, of which 208 units were faulty and therefore returned for service . Seventy-five
percent (75%) of the units returned had such similar problems KGS implemented design
changes . The units returned to KGS from the subject CRJ-200 alone constitute five-percent
("NTSB") that a five-percent (5%) rate of return for the inverters used in the subject CRJ-200 is
significantly higher than any other aircraft KGS is aware of . Nevertheless . KGS made no
attempt whatsoever to determine why the subject CRJ-200 had continuous problems with the
ignition systems .
airlines around the world, are required to adopt maintenance programs that are consistent with
said specifications and guidelines in order to insure the continued airworthiness of all aircraft,
powerplants are required to be inspected as hours (flight tine) and cycles (each take off and
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30 . l lie subject Icft engine (S/N GL-I :-872746) had accumulated 8,856 .0 hours . The
first C-check (detailed inspection upon reaching 4,000 hours) performed on the left engine was
in September 2003 .
31 . The subject right engine (S/N 873514) had accumulated only 1,971 hours and
32 . On October 13, 2004, the subject CRJ-200 was in Little Rock, Arkansas for some
regularly scheduled maintenance, called a "service check ." At this service check no
33 . On the morning of October 14, 2004, the subject CRJ-200 had a rejected takeoff
in Little Rock, Arkansas due to a `R 14`' DUCT" EICAS (Engine Indicating and Crew Alerting
34 . The contract maintenance technicians could not locate the problem, so two
Pinnacle mechanics flew in from Memphis . Tennessee to try to identify and fix the subject CRJ-
200 . These mechanics verified a fault in the right power plant RI I pylon 14`h stage bleed air duct
sensing loop and found that the loop had chaffing damage where it passed through a rib in the
pylon .
35. The loop was removed and replaced in the right engine . The right engine was test
run for 30 minutes. 30 seconds of this time at 50% Ni (rotation per minute of the engine fan),
«hile the remaining 29 .5 minutes were spent at idle . The aircraft was then released for service .
flight plan, the subject CRJ-200, operating as Pinnacle Airlines Flight #3701, left Little Rock,
Arkansas bound for Minneapolis - St . Paul, Minnesota, while being operated by pilot Captain
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37 . 1 he flight was it regularly scheduled repositioning flight to move the subject CRJ-
200 From Little Rock to Minneapolis -St. Paul for use the following day on regularly scheduled
38 . Pursuant to a properly tiled flight plan . and while in the process of ' transporting
the aircraft from Little Rock to Minneapolis , the crew took the aircraft to the manufacturer's
authorized altitude ceiling o1'41 .000 feet . Once at 41,000 feet, the plane inexplicably was unable
to hold altitude . Pursuant to onboard flight manual instructions , the crew properly and
39. While waiting from AT C for permission to descend , the subject CIO -200
experienced double engine failure leaving the plane completely at the mercy of' gravity . Inside
the cabin, the pilots heard repeated " engine oil " warnings emitted from the audible cockpit
warning system .
reasonable and prudent measures to maintain control of the aircraft and to restart the engines .
41 . During this time, the pilot and CESARZ declared an emergency and attempted to
vector the aircraft to an airport close enough to handle a glide approach emergency landing . The
plane was dropping at a terrifying rate of between 5000 and 2500 feet per minute .
42 . All attempts to restart the engines failed , resulting in both pilots plunging to their
deaths in the black of night near a residential neighborhood . Upon impact , the plane burst into
43 . A post crash investigation revealed that the Flight Data Recorder (FDR)
recovered from the scene recorded that the engine core rotors ( known as N2 ) did not begin t o
11
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rotate with the opening of pneumatic valves used for engine restarts . This phenomenon is known
as "core-lock" .
44 . "Idle post crash investigation also revealcd the subject GE CF-34-3B engines "oil
pump" malfunctioned and that other components of the engines suffered from extensive heat
damage consistent with exposure to extreme high temperatures during operation, resulting in the
rotor blades failing to rotate and suffering from the alorcinentioned core-lock, causing both
engines to fail all restart efforts by the crew alter numerous attempts to do so .
45 . The CRJ-200 aircraft (model CL-600-2B19), has been involved in at least fifteen
(15) accidents from 2000 to 2005 causing injuries and fatalities in many instances .
46 . The FAA has issued numerous airworthiness directives from 1997 to 2003 for the
BOMBARDIER CRJ-200 (model CL-600-21319) aircraft, which is the subject matter of this
aircraft .
47. In fact . BOMBARDIER and GE knew of possible core lock problems with the
CRJ-200 and its engines long before the incident described herein, but did nothing to remedy the
problem .
48 . As further proof that BOMBARDIER and GE knew or should have known of the
dangers inherent in operating the CRJ-200 at an altitude ceiling of 41,000 feet prior to the
accident, BOMBARDIER and GE lowered the acceptable altitude ceiling of all CRJ-200's to
49. BOMBARDIER and BAC had a duty to Decedent to undertake such repairs
and/or maintenance pursuant to these directives and had an ongoing duty to repair and/or
maintain the aircraft in an airworthy condition . BOMBARDIER and BAC breached their dut y
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by wi11fu11y, wantonly, recklessly and negligently failing to undertake such pleasures, resulting
50. F urther . 13OMI3ARDIFR and I3AC were and arc engaged in the design,
111 anulacture . certification, testing and Se lling of aerospace products, including the subject
aircraft, a (T-600-21319 Series, a da ngerous and ultra hazardous 1rls l rUlne n tallly, formerly
51 . BOMBARDIER and 13AC owed the highest degree of care to all persons aboard
Pinnacle Airlines Flight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight
3701 to operate and control the subject aircraft, on the ground and in the air, with the highest
degree of care, and to exercise the highest degree of care to prevent injury of any kind, including
injury as a result of known dangers posed by the improperly maintained aircraft . As a proximate
result of BOMBAIWIER and 13AC's negligence CESARZ was wrongfully killed by Defendants .
testing and selling of aircraft engines and component parts, including the subject engines,
53 . GE had a duty to Decedent to undertake such repairs and/or mairite nance pursuant
to the FAA's directives and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . G1 : breached its duty by willfully, wantonly, recklessly and negligently
failing to undertake such pleasures, resulting in the wrongful death of the Decedent .
54. Further, GE owed the highest degree of care to all persons aboard Pilulacle
Airlines Flight 3701, and owed a duty to all persons aboard Pinnacle Airlines Flight 3701 to
operate and control the subject aircraft, on the ground and in the air, with the highest degree o f
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care, and to exercise the highest degree of care to prevent injury of any kind, including injury as
55. GE breached its duty by willfully, wantonly, recklessly and negligently failing to
properly Inanutacture, maintain and oversee the aircraft during the aircraft's operation by the
Decedent CESARZ . As a proximate result of GL's negligence CESARZ was wrongfully killed
by Defendant s
certification, testing and selling of aerospace products, including auxiliary power units,
pneumatic control valves and other component parts related thereto , dangerous and ultra
hazardous instrumentalities, including the subject CRJ-200's auxiliary power unit ("APU") and
maintenance of the aircraft and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . HONEYWELL breached its duty by willfully, wantonly, recklessly and
negligently failing to undertake such measures . resulting in the wrongful death of the Decedent .
58 . Further, HONEYWELL owed the highest degree of care to all persons aboard
Pinnacle Airlines blight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight
3701 to operate and control the subject aircraft, on the ground and in the all-, with the highest
degree of care, and to exercise the highest degree of care to prevent injury oC any kind, including
negligently failing to properly manufacture , maintain and oversee the aircraft during th e
14
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manufacture, certification , testing and selling of aerospace oil pumps fur use in turbofan jet
engines, Including Scavenge Oil plllllps, and other component parts related thereto, dangerous and
maintenance of the aircraft and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . PARKER I LANNIFIN breached its duty by willfully, wantonly, recklessly
and negligently failing to undertake such measures, resulting in the wrongful death of the
Decedent CESARZ .
Pinnacle Airlines Flight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight
3701 to operate and control the subject aircraft, on the ground and in the air, with the highest
degree of'care, and to exercise the highest degree of care to prevent injury of any kind, including
negligently Failing to properly manufacture, maintain and oversee the aircraft during its operation
dangerous and ultra hazardous instrumentality, and was and is an airline engaged in commercia l
15
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air transport . which does business in interstate commerce in hundreds of locations in the United
maintenance pursuant to the FAA's directives and had an ongoing duty to repair and/or maintain
the aircraft in an airworthy condition . NORTIIWEST breached its duty by willfully, wantonly,
recklessly and negligently failing to undertake such measures, resulting in the wrongful death of
66 . Further, NOR fl IWF.Sf owed the highest degree of care to all persons aboard
Pinnacle Airlines Flight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight
3701 to operate and control the subject aircraft, on the ground and in the air . with the highest
degree of care, and to exercise the highest degree of care to prevent injury of any kind, including
negligently failing to properly manufacture, maintain and oversee the aircraft during its operation
by the Decedent CESARZ . As a proximate result of NORTI IWEST' s negligence CESARZ was
68 . At all times material hereto, Defendant, KGS was and is engaged in the design .
manufacture . certification, testing and selling of aerospace products, including igniters . ignition
systems and other component parts related thereto, dangerous and ultra hazardous
instrumentalities, including the subject CR .1-200's ignition system, Model #ISPC- IOV .
maintenance and had an ongoing duty to repair and/or maintain the aircraft in an airworth y
16
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condition . KGS breached its duty by willfully, wantonly, recklessly and negligently failing to
undertake such measures, resulting ill the wrongful death of'the Decedent C ESARZ .
70 . KGS o'\cd the highest degree of' care to all persons aboard Pinnacle Airlines
Flight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight 3701 to operate and
control the subject aircraft, on the ground and in the air . with the highest degree of care, and to
exercise the highest degree of care to prevent injury of any kind, including injury as a result of
71 . KGS breached its duty by willfully, wantonly, recklessly and negligently failing
to properly manufacture, maintain and oversee the aircraft during its operation by the Decedent
CESARZ .
and the consequent death of Decedent RICHARD PETER CESARZ , the Plaintiff brings this
action and claims damages to which the Estate, survivors and/or beneficiaries may be entitled
pursuant to Florida Statute ` 768 .16 cl scq, and under all other applicable law .
73 . Plaintiff has had to retain the below referenced counsel to bring this suit and seek
COUNT I
74. Plaintiffs re-allege each and every allegation set forth in paragraphs 1 through 73
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the [state of RIC l LARD P[1 ER CI ..SARZZ., and on behalf of his sole survivor SUSAN CESARZ-
MONI OYA .
76. As a direct and proximate result of the Dclcndaiiis' negligent acts as set lbrth
herein above which caused the death of Decedent CESARZ the Estate and its survivors have
suffered damages .
14, 2004, causing his heirs to suffer pecuniary loss and other damages .
of RICIIARD PETER CESARZ, and on behalf of his Estate and sole survivor. SUSAN
CESARZ_-MONTOYA, hereby demands judgment, jointly and severally , against the Defendants,
a.) Pain and suffering from the date of Decedent ' s death ;
c .) Loss of ' support iii money or in kind from the date of the
Decedent's death ;
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COUNT I I
78. Plaintiffs re-allege each and every allegation set forth in paragraphs I through 73
79. As a direct and proximate result of the Delendants' negligent acts as set forth
herein above which caused the death ol'Decedent CLSARZ the Estate and its survivors have
suffered damages .
80 . As a result of the death of her son, the Decedent's sole survivor . SUSAN
CLSARZ-MONTOYA, has suffered severe mental anguish, grief and emotional distress .
of RICHARD PETER CESARZ, and on beliallof his Estate and sole survivor, SUSAN
CESARZ-MONfOYA, hereby demands judgment . jointly and severally, against the Defendants,
INC ., and KGS LLEC I'RONICS for all actual , compensatory, consequential and punitive
damages, including without limitation damages for mental pain and suffering and physical
injuries, plus interests and costs, and such other damages as this I l01101-able Court deems just .
COUNT II I
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81 . '1 lie Plaintiff re-alleges and incorporates by reference as though fully set forth
herein each and every allegation set forth in paragraphs I through 73 above .
certifying, testing, manufacturing and selling aircraft . including the aircraft that is the subject
serviced, repaired and/or maintained by Defendants with the knowledge that it would be used as
84. At all times material hereto, the subject CIZJ-200 accident was caused in whole or
in part, due to the improper, inadequate and ineffective corporate inspection and/or repair
techniques, training, documentation and communications involving the subject CRJ-200 . which
85 . At all limes material hereto, Defendants had a duly to exe r c is e reasonable care i n
the inspection, repair and maintenance of the aircraft designed . c e rtifi ed, tested, manufacture d
and sold by Defendants, In cluding the subject CRJ-200, 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
86 . At all times material hereto Defendants had a duty to warn the owners and/or
users and/or users, flying, servicing and maintaining the subject CRJ-200 of the potential "core-
20
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v2
87 . At all times material hereto Defendants had a duty to warn and provide proper
manuals and checklists to the owners and/or operators and/or users, flying, servicing and
maintaining tl ► e subject CRJ-200 ol'the target air speed to prevent dual engiue failure .
88 . At all times material hereto Defendants had a duty to warn and provide proper
manuals and checklists to the owners and/or operators and/or users flying, servicing and
maintaining the subject CRJ-20 0 of the minimum and maximum APU altitude for engine restarts
89 . At all times material hereto Defendants had a duty to train the owners and/or
operators and/or users flying, servicing and maintaining the subject CRJ-200 of the potential dual
engine failure .
90. Defendants were negligent in the inspection, repair and/or maintenance of the
subject CRJ-200 and breached its duty of care to the Decedent, who was a foreseeable user of the
21
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Defendants , the Decedent's Estate and its survivor suffered damages as set forth herein above .
of RICHARD PETER CESARZ, and on behalf of his Estate and sole survivor, SUSAN
CESARL-MONTOYA, hereby demands Judgment, jointly and severally, against all Defendants,
INC ., and KGS ELECTRONICS fur all actual , compensatory , consequential and punitive
damages, including without limitation damages for mental pain and suffering and physical
injuries, plus interests and costs, and such other damages as this Honorable Court deems just
22
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COUNT I V
92 . 1'laintiIi incorporates paragraphs I through 7' above as if dilly set forth herein .
93 . The crash and consequent deaths of the Decedent CE,SAR7 was the direct and
immediate result of ' the willful, wanton, reckless, and/or grossly-negligent misconduct of
Defendants . in failing and refusing to protect those persons aboard Flight 3701 from known
94. Specifically, prior to and on October 14, 2004, Defendants had actual and
constructive knowledge that the operation of' the above-described flight was subject to dangers
persons aboard Flight 3701 of the known dangers and/or failed and refused to protect those
persons from the known risk by failing to take precautionary Measures and to perform the
96 . The crash of the above-described flight on October 14, 2004, was caused by such
97. B reason of the above-stated acts of wanton, willful, reckless, and/or grossly-
negligent conduct, evidencing willful and reckless indifference to the safety ., welfare, health,
security, and well-being of their passengers and crew members, including the Plaintiffs'
Decedent, in the face of known and notorious risks . Defendants are liable to the Plaintiff for
exemplary damages .
of RICHARD PETER CESARZ, and on behalf of his Estate and sole survivor, SUSA N
23
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ELECTRONICS jointly and severally . for all actual. compensatory , consequential and punitive
damages . i ncluding without limitation damages for mental pain and suffering and physica l
injuries, plus interests, costs and reasonable attorneys fees, and such other damages as this
COUNT V
The Plaintiff re-alleges and incorporate by reference as though fully set forth herein each
the aircraft and its component parts which are dangerous and ultra hazardous instrumentalities,
99 . The subject CRJ-200 was expected to reach and did reach the user or consumer
100 . At the time the subject CIZJ-200 was sold by Defendants, it was in a defective
101 . The Decedent was within the scope of persons who would use the product in
102 . Defendants are strictly liable for any physical harm caused to the Decedent as a
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103 . As a direct and proximate result of the above - described product defect , the Estate
and its survivors have suffered damages as set forth in Paragraph 65 above .
of RICHARD PEI Elt C[SARZ, and on behalf of his Estate and sole survivor, SUSAN
C'ESARZ-MONLOYA, hereby demands judgment, jointly and severally , for damages against
AIRLINES, INC ., and KGS ELECTRONICS together with inte re st and costs, and demands trial
by jury .
COUNT V
JURY DEMAN D
MO1'WE, LL C
Esquire
r#43503 4
ry Schiavo, Esquir e
arlon Kimpson , Esquir e
P0 Box 179 2
Mt. Pleasant . SC 29465
Telephone : 843-216-9161
Facsimile : 843-216-9440
JUl arris(itmotltirrice .co m
P \FACT1 WIIIAVIATION - GENERALWviabon Cases Acbve\Pmnade Au tight 3701 CRJ 101404 crash\Plead i ngs\Cesarz\Cesarz -COMPLAINT FINAL doc 116/2006 10 29 A M
25
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 34 of 50
CASE NO .-
Plaintiff,
VERIFIED MOTION FUR
vs .
ADMISSION TO APPEAR PRO HA C
VICE PURSUANT TO LO
BOMBARDIER INC ., BOMBARDIER
RULE OF JUDI L o~ )
AEROSPACE C RPORATION,
ADMINISTRATIO 661
GENERAL ELE RIC COMPANY,
HONEYWELL TERNATIONAL, INC .,
PARKER HANNIFIN CORPORATION, ley^a- 5
Til
NORTHWEST AIRLINES, INC., and KGS
ELECTRONICS, )
H
)
Defendants .
tbllowing :
2 . Movant is an attorney and a member of the law firm of Motley Rice, LLC, wit h
Au gust of 2005 by the plaintiffs in the captioned civil action, to provide legal
I
reprl sentation in connection with the above-styled matter now pending before the
198 ; the Maryland Court of Appeals since June 23, 1994 ; the District of
Col rnbia Court of Appeals since December 6, 1993 ; and the Supreme Court of
the R.3nited States since October 1, 1990 . There are no disciplinary proceeding s
5 . Within the past five (5) years Movant has not been subject to any disciplinary
proceedings .
10. Mo~{ ant is not now and has never been a member of the Florida Bar .
12. Moo ant is not a disbarred member of the Florida Bar, nor has Movant received a
14. M vant has filed one motion to appear as counsel in Florida state courts during
M 4ntoya, Bar Number 0972649, who is an active member in good standing of the
-1- & Bar and has offices at 2600 Douglas Road, PH-7, Coral Gables, FL
Flog
Ad inistration 1 .061 and Rule 1-3 .10 of the Rules Regulating the Florida Bar and
17. M4jvant agrees to comply with the provisions of the Florida Rules of Professional
Co duct and consents to the jurisdictiun of the courts and the Bar of the State of
Florida.
COUNTY OF CHARLESTON
I, Marv Sc 'iavo, do hereby swear or affirm under penalty of perjury that I am the Movant
in the above-style II matter ; that I have read the foregoing Motion and know the contents thereof
The foregoi~ g instrument was acknowledged before me this day of January, 2006,
by MARY SCHIA NO, who is personally known to me and who did take
- an oath .
f
J uary,20 `
II fd I
(Printed/Name)
iissio E pine s
PYFAGT I IMIIIMVIATION - Q ENER+~LWwallon Lx6&6 - ^Cwti FYnn3ele Air lhgnt S (Ul t-h(J 1U14V4 CfPaIWIBagMr~F1M00006 'd~lo Hae V106 - MmyS-Cen:,rz.doc • 1/9/2008 1 :32 PM
CASE NO. :
a
JENNY L. MIGDIALSKI, as ) 11
Personal Repre .entative of the Estate of )
RICHARD PETER CESARZ, Dece :iced, )
and on behalf f his sole heir and survivor, )
SUSAN CESARGI M,ONTOYA, individually, )
VERIFIED MOTION FOR
Plaintiff, ADMISSION TO APPEAR
PRO .YAC VIC
E
vs. PURSUANT TO FLORIDA RULE OF
JUDICIAL ADMINISTRATION 2_06 1
BOMBARDIER INC ., BOMBARDIER
AEROSPACE C911POI ATTON,
GENERAL ELEfrTRIC COMPANY,
HONEYWELL 11~TERNAI'IONAL, INC .,
PARKER HANNIFIN CORPORATION,
NORTHWEST AfRLIrNES, INC ., and KGS
ELECTRONICS,!-
Defendants .
COMES N' VII MARION KIMPSON, Movant herein, and respectfully represents the
following :
2 . Mo pant is an attorney of the law firm of Motley Rice, LLC, with offices at 28
con . ection with the above-styled matter now pending before the above-named
la w in the Statc of South Carolina before the South Carolina Supreme Court since
N o ember 15, 1999 ( SCB ar No . 17047) , and the l Jnited States District Court for
the District of South Carolina since May 16, 2000 , ( Fed. Bar No . 7487) . There
are ~o disciplinary proceedings pending against Movant .
5 . Witiin the past five (5) years Movant has not been subject to any disciplinar y
pro eedings .
10 . Mo ~ant is not now and has never been a member of the Florida Bar .
12. ant is not a disbarred member of the Florida Bar, nor has Movant received a
14 . Moant has not filed any motion(s) to appear as counsel in Florida state courts
15_ Movant has read the applicable provisions of Florida Rule of Judicia l
Ad Eniriistratiun 1 .061 and Rulc 1-3 . 10 of the Rules Regulating the Florida Bar and
16 . Molvant agrees to comply with the provisions of the Florida Rules of Professional
Cox duct and consents to the jurisdiction of the courts and the Bar of the State of
Flo ida .
1, Marlon 1impson, do hereby swear or affirm under penalty of perjury that I am the
Movant in the aboe-styled matter ; that I have read the foregoing Motion and know the content s
SOf4, Movant/Affiant
I
The forego ng instruiutiit was aekujo !edged bcforc me this (V'--day of January, 2006 ,
by MARLON KIlvfPSON, who is personall"nown to me and who did take an oath .
:11 P M
C: ~DocurenWS and Sellings~pfand9rhurklLucnl Se(IinQ6%'1'e(rpOrPry Inlornel Fdes1OLK1D11Pic H is Vice -Mh-Gc .arz1 due - 1/512006 2
Carolina, do h reby certify that Marion Emil Kimpson was duly sworn and
BY ~-~ 19. l -- -
DEPUTY CLERK FOR 13AR ADMISSION S
Plaintiff,
Defendants .
this action from the Circuit Court, Seventeenth Judicial Circuit, in and for Broward
County, Florida, to the United States District Court for the .Southern District of Florida
r7
#2411099v1
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 44 of 50
Plaintiff,
vs . CASE NO. :
Defendants .
removal of this action from the Circuit Court, Seventeenth Judicial Circuit, in and for
Broward County , Florida , to the United States District Cou rt for the Southern District of
#2411085v1
02 . Case 0:06-cv-60186-PCH
08 . 2006 Document
WED 12 :19 F X 3056696169 1 Entered onP FLSD
KNOBLOCK-DOHNER A Docket 02/16/2006 Page 45 of 50
Ca 003,10 0
Plaintiff,
vs . CASE NO . :
BOMBARDIER , INC ., BOMBARDIER
AEROSPACE CORPORATION,
GENERAL ELECTRIC COMPANY,
HONEYWELL INTERNATIONAL, INC .,
PARKER HANNIFIN CORPORATION,
NORTHWEST AIRLINES, INC ., and KGS
ELECTRONICS ,
Defendants .
Seventeenth Judicial Circuit, in and for Broward County, Florida, to the United States
District Court for the Southern District of Florida Fort Lauderdale Division . This consent
contested ,
#2411102v1
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 46 of 50
Plaintiff,
Defendants .
CORPORATION's removal of this action from the Circuit Court, Seventeenth Judicial
Circuit, in and for Broward County, Florida, to the United States District Court for the
v
John M. Murray, Esq ire
#2411100x1
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 47 of 50
Plaintiff,
CASE NO. : 0600240
vs.
DIVISION : 25
BOMBARDIER , INC., BOMBARDIER
AEROSPACE CORPORATION,
GENERAL ELECTRIC COMPANY,
HONEYWELL INTERNATIONAL, INC .,
PARKER HANNIFIN CORPORATION,
NORTHWEST AIRLINES , INC., and KGS
ELECTRONICS ,
Defendants .
action to the United States District Court, Southern District of Florida , Ft . Lauderdale
Division from the Circuit Court of the Seventeenth Judicial Circuit , in and for Broward
County, State of Florida. A copy of this Notice of Removal is attached to this Notice .
CERTIFICATE OF SERVIC E
I HEREBY CERTIFY that I have caused a true and accurate copy of the above
and foregoing to be furnished by U .S . Mail to all persons on attached Service List this
By :
Charles Wachter, FBN 50941 8
2
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 49 of 50
SERVICE LIST
#2416605v2
3
Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 50 of 50
ftJS 44 (Rev . 11/05 )
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and se rv ice ofpleadings or other papers as required by law, except as provided
,gapers
by local rules of cou rt . This form, approved by the judicial Conference of the United States in September 1974, is required for the use Clerk of Court for the Purpose of initiating
the civil docket sheet . (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM .) NOTICE : Attorneys MUST Indicate AU'Re-flied Cases Below.
II . BASIS OF JURISDICTION (Place an' x" in One Box Only) 111 . S('1ENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
& Divefsity Cases Only) and One Box for Defendant)
Cl I U .S . Govern ment O 3 Federal Question +., PTF REF PTF DE F
Plaintiff ( U .S . Gove rnment Not a Party ) 4 (°• Citizen of This State )) 1 O 1 Incorporated or Princip4l Place O 4 O 4
of Business In This State
C3 2 U .S . Govern ment C4 Diversity Citizen of Another State O 2 O 2 Incorporated and Princ la\c ' O 5 t')t: 5
Defendant
( Indicate Citizenship o ~ arties irt( tem III)
of Business In Anotl i
FO YOF IJONLI'
Al tOUNT 1~ RECEIPT 6 5 r FP -