RHODES, ET AL v. BOMBARDIER, INC., Et Al Complaint

Case 0:06-cv-60185-PCH Document 1 Entered on FLSD Docket 02/15/2006 Page 9 of 43
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IN THE CIRCUIT COURT OF TIL E

17`x` JUDICIAL CIRCUIT, IN AND FOR
BROWAR]) COUNTY, FLORIDA
CIVIL DIVISIO N
CASE NO . : U1
ALISON RHODES, as Personal Representative )

of the Estate of JESSE RHODES, Deceased, )
ALISON RHODES, Individually, and )
0 2
ALISON RHODES, as Mother and Guardian )
of CASSIDY McLAUGHLIN COOK, )
EMMA VICTORIA RHODES & )
AIDEN J . RHODES, Individually, ) COMPLAINT FOR DAMAGE S
Plaintiffs , WRONGFUL DEATH

AND
vs. SURVIVAL ACTION
©a
:v,-, C
BOMBARDIER INC ., BOMBARDIER JURY DEMA
AEROSPACE CORPORATION,
GENERAL ELECTRIC COMPANY,
HONEYWELL INTERNATIONAL, INC .,
PARKER-HANNIFIN CORPORATION,
NORTHWEST AIRLINES, an d
KGS ELECTRONICS ,
Defendants .
COMES NOW Plaintiff, by and through the undersigned counsel pursuant to the Florida
Rules of Civil Procedure and Florida Statute §768 .16, el seq ., hereby sues the Defendants,
BOMBARDIER, INC ., BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, HONEYWELL INTERNATIONAL, INC ., PARKER HANNIFIN
CORPORATION, NORTHWEST AIRLINES, INC ., and KGS ELECTRONICS and states i n
support of the Complaint as follows :
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1 . JURISDICTION AND VENU E
I . This is an action for damages in excess of Fifteen Thousand Dollars ($15,000 .00),
exclusive of interest, costs and attorneys fees .
2. Venue is proper because a companion formerly filed in this circuit is currently
pending arising from the same set of material facts and to conserve judicial resources the
Plaintiff has elected to file in this circuit, or the events complained of below occurred in this
circuit .
3 . All conditions precedent to bringing this action have been met .
11 . PARTIE S
4 . Plaintiff, ALISON RHODES is the Personal Representative of the Estate of
JESSE RHODES, individually and as guardian and mother of his heirs and survivors, CASSIDY
MCLAUGHLIN COOK, EMMA VICTORIA RHODES and AIDEN J . RI IODES, individually .
5 . At all time material hereto, Decedent JESSE RI-LODES ("RHODES") was a
resident of the state of Florida, County of Pinellas . His estate is in Probate in the state of Florida,
County of Broward .
6. Plaintiff, ALLISON RHODES, as Personal Representative of the Estate of JESSE
MODES, is entitled to recover on behalf of the Estate compensation for the Wrongful Death
and personal injuries of the Decedent caused by the Defendants .
7 . Plaintiff, ALLISON RI-LODES as Personal Representative of the Estate of JESSIE
RHODES, Individually, and as guardian and mother of CASSIDY MCLAUGHLIN COOK, age
ten, EMMA VICTORIA RI-LODES, age two AND AIDEN J . RI-LODES, age one, is also entitled
to recover the pecuniary loss occasioned by the survivors of the Decedent, JESSE RHODES, hi s
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heirs, as a result of his wrongful death, including, without limitation, the loss of consortium,
grief, pain and suffering and other damages caused by the Defendants .
8 . Defendant, BOMBARDIER, INC . (hereinafter "BOMBARDIER.) is a foreign
corporation with subsidiaries registered to do business in the state of Florida and with its offices
and headquarters at 800 Boul Rene-Levesque Boulevard West, Montreal, Quebec, Canada .
9 . Defendant, BOMBARDIER, 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 .
BOMBARDIER's aircraft supplied to the common carrier, Pinnacle Airlines, Inc ., in whole or in
part, caused or contributed to the accident described herein below .
10. The Defendant . BOMBARDIER AEROSPACE CORPORATION (hereinafter
"BAC"), is a Delaware corporation with subsidiaries registered to do business in the state of
Florida and with its offices and headquarters at 400 Cote-Vertu Road West, Dorval, Quebec,
1445 1 Y9, Canada .
11 . 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
described herein below .
12 . Defendant, GENERAL ELECTRIC COMPANY ("GE"), is a New York
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
to §48 .193 Fla. Stat ., in that GE:
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a.) Has as its registered agent in the state of Florida, Cl'

Corporation System, located at 1200 S . Pine Island Road,
Plantation, Florida 33324 ;
b .) Operates, conducts, engages in or carries on businesses or

business ventures in the state of Florida ;
c .) Engages in substantial, not isolated, activities within the

state of Florida ;
d.) Repairs, sells, services, and maintains aircraft engines in

the state of Florida ;
e.) Owns, leases and/or uses real estate in the state of Florida ;
1'.) Maintains agents and/or representatives in the state of

Florida by which it conducts its business of designing,
manufacturing and selling or servicing aircraft engines ;
g•) Advertises its products and services in the state of Florida ;
h .) A substantial dollar value of aircraft engines sold by GE are

sold in the state of Florida ;
i .) Does business through aircraft engine manufacturers,

retailers, agents and distributors in the state of Florida ;
Is authorized to do business in the stale of Florida ;
Caused the damages alleged herein within the state of

Florida arising out of an act or omission by GE outside this
state, when the products manufactured by GE outside of the
state of Florida were used or consumed within Florida in
the ordinary course of commerce, trade, or use .
13 . Defendant , HONEYWELL INTERNATIONAL, INC . ("I-IONEYWELL"), by and
through its division Honeywell Aerospace , is a Delaware corporation authorized to do business
in the stale of Florida, with offices located at 13350 US Highway 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
HONEYWELL :
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a.) Has a registered agent in the state of Florida, Corporation

Service Company, 1201 Hays Street, Tallahassee, Florida
32301-2525 ;
c.) Engages in substantial, not isolated, activities within the

state of Florida ;
d .) Repairs, sells, services, and maintains aircraft in the state of

Florida ,
e.) Owns, leases and/or uses real estate in the state of Florida;
1.) Maintains agents and /or representatives in the state of

manufacturing and selling or servicing aircraft component
parts ;
I1.) A substantial dollar value of aircraft component parts sold

by HONEYWELL are sold in the state of Florida ;
i.) Does business through aircraft and aircraft parts

manufacturers, retailers, agents and distributors in the state
of Florida ;
j•) Is authorized to do business in the state of Florida ;
k.) Caused the damages alleged herein within the state of

Florida arising out of an act or omission by
1-IONEYWELL, outside this state, when the products
manufactured by HONEYWELL outside of the state of
Florida were used or consumed within Florida in the
ordinary course of commerce, trade, or use .
14 . Defendant, PARKER I IANNIFIN CORPORATION ("PARKER HANNIFIN"), is
an Ohio corporation authorized to do business in the state of Florida with its offices and
headquarters at 6035 Parkland Boulevard, Cleveland, Ohio . PARKER IIANNIFIN is subject to
the jurisdiction of the Court pursuant to §48 .193 Fla . Stat ., in that PARKER HANNIFIN :
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a.) Has a registered agent in the state of Florida, CT

Corporation, 1200 South Pine Island Road, Plantation,
Florida 33324 ;

state of Florida ;
d .) Repairs, sells, services, and maintains aircraft component

parts in the state of Florida ;
e .) Owns, leases and/or uses real estate in the state of Florida;
f.) Maintains agents and/or representatives in the state of

manufacturing and selling or servicing aircraft component
parts ;
h .) A substantial dollar value of aircraft component parts sold

by PARKER HANNIFIN are sold in the state of Florida ;
i .) Does business through aircraft and aircraft parts
of Florida ;
j•) Is authorized to do business in the state of Florida ;

Florida arising out of' an act or omission by PARKER
HANNIFIN outside this state, when the products
manufactured by PARKER 1-IANNIFIN outside of the state
of Florida were used or consumed within Florida in the
ordinary course of commerce , trade, or use .
15 . Defendant , NORTHWEST AIRLINES, INC . ("NORTHWEST"), is a Minnesota
corporation authorized to do business in the state of Florida, with its offices and headquarters at
2700 Lone Oak Parkway, Dept #A4450 , St. Paul , Minnesota . NORTHWEST is subject to the
jurisdiction of the Court pursuant to §48 .193 Fla . Slat ., in that NORTHWEST :
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a .) Has a registered agent in the stale of Florida . CT

Corporation System , 1200 S . Pine Island Road, Plantation,
Florida 33324 ;
b.) Operates, conducts, engages in or carries on businesses or


state of Florida ;
d .) Repairs, sells , services, and maintains aircraft in the state of

Florida ;
e .) Owns, leases and/or uses real estate in the state of Florida ;
f.) Maintains agents and/or representatives in the state of

Florida by which it conducts its business of air travel,
designing, manufacturing and selling or servicing aircraft ;
h .) A substantial dollar value of aircraft sold or leased by

NORTHWEST are sold in the state of Florida ;
i .) Does business t rough airlines, aircraft and aircraft parts

of Florida ;
J•) Is authorized to do business in the state of Florida ;

Florida arising out of an act or omission by NORTHWEST
outside this state, when the products manufactured by
NORTHWEST outside of the state of Florida were used or
consumed within Florida in the ordinary course of
commerce, trade, or use .
16 . Defendant , KGS ELECTRONICS ("KGS"), is a California corporation with its
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
the accident described herein below .
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III . ALLEGATIONS COMMON TO ALL COUNT S
17 . At all times material hereto, the subject CRJ-200 was owned by NORTI-IWEST,
which contracted with Pinnacle Airlines, Inc . to fly the CRJ aircraft to various regional locations
on behalf of Northwest Airlink .
18. At all times material hereto, Decedent, RHODES, was an employee of Pinnacle
Airlines, Inc .
19. The CRJ-200 was and is a certified fifty (50) passenger turbofan jet aircraft used
for commercial regional travel throughout the United States and Canada .
20 . The CRJ-200 is a jet aircraft powered by two GE CF-34-3131 nine thousand
(9000) pound thrust class turbofan engines ("powerplants") designed, manufactured, assembled,
sold, serviced, repaired and maintained by GE, which are manufactured and authorized to fly up
to and including the manufacturer's specified flight ceiling altitude of 41,000 feet (hereinafter the
"subject engines") .
21 . 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
were designed, manufactured, assembled, sold, serviced, repaired and maintained by
HONEYWELL, 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 .
22 . At all times material hereto, Defendant KGS manufactured, designed, assembled,
sold, serviced, repaired and maintained the subject CRJ-200 ignition system units, which control
the start and restart of the engines in CU-200 aircraft .
23 . 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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were reported for Ignition System B and three discrepancies were reported for Ignition Syste m
A.
24 . The subject CRJ-200's ignition units were returned to the manufacturer for repai r
or replacement fifteen times . In twelve instances in Ignition System B the static inverter was
replaced, in two instances the relay I K3KB 1 was replaced and in one instance the cockpit switch
was replaced .
25 . KGS has manufactured approximately 1550 static inverters for BOMBARDIER
since 1998, of which 208 units were faulty and therefore returned for service . Seventy-live
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
(5%) of the total returned to KGS .
26 . In fact, KGS has acknowledged to the National Transportation Safety Board
("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 .
27 . Pursuant to manufacturer specifications and guidelines, NORTHWEST and other
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,
engines and component parts .
28 . Pursuant to the scheduled maintenance program utilized by NORTHWEST, the
powerplants are required to be inspected as hours (flight time) and cycles (each take off and
landing) are accumulated .
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29 . The subject lest engine (S/N GE-E-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 .
30. The subject right engine (S/N 873514) had accumulated only 1,971 hours and
therefore had not undergone a C-check at the time of the accident .
31 . 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
discrepancies were found .
32 . On the morning of October 14, 2004, the subject CRJ-200 had a rejected takeoff
in Little Rock, Arkansas due to a "R 14`h DUCT" EICAS (Engine Indicating and Crew Alerting
System) message . The aircraft returned to the gate for maintenance .
33 . 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 RH 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 .
34 . 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% N i (rotation per minute of the engine fan),
while the remaining 29 .5 minutes were spent at idle . The aircraft was then released for service .
35 . On October 14, 2004, at approximately 9 :21 p.m . pursuant to a properly filed
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 First Officer
Richard Cesarz, and pilot Decedent, Captain JESSE RIIODES .
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36 . The flight was a 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
flights out of Minneapolis-St . Paul . There were no passengers on board .
37 . Pursuant to a properly filed 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 of 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
immediately asked air traffic control (ATC) for permission to descend .
38 . While waiting from ATC for permission to descend, the subject CRJ-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 .
39 . Realizing their predicament, the crew immediately performed all necessary,
reasonable and prudent measures to maintain control of the aircraft and to restart the engines .
40 . During this time, pilot RHODES and the First Officer 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 .
41 . 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
flames incinerating the co-pilot and pilot Caption RHODES, as well as the aircraft .
42 . 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 to
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rotate with the opening of pneumatic valves used for engine restarts. This phenomenon is known
as "core-lock" .
43. The post crash investigation also revealed 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 aforementioned core-lock, causing both
engines to fail all restart efforts by the crew after numerous attempts to do so .
44 . The CRJ-200 aircraft (model CL-600-2B 19), has been involved in at least fifteen
(15) accidents from 2000 to 2005 causing injuries and fatalities in many instances .
45 . The FAA has issued numerous airworthiness directives from 1997 to 2003 for the
BOMBARDIER CIZJ-200 (model CL-600-21319) aircraft, which is the subject matter of this
Complaint, requiring BOMBARDIER to perform repairs and/or maintenance to the CRJ-200
aircraft .
46. 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 .
47. 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
36,000 feet following this accident .
48 . 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 willfully, wantonly, recklessly and negligently failing to undertake such measures, resulting
in the wrongful death of the Decedent RI-IODES .
49 . Further, BOMBARDIER and BAC were and are engaged in the design,
manufacture, certification, testing and selling of aerospace products, including the subject
aircraft, a CL-600-21319 Series, a dangerous and ultra hazardous instrumentality, formerly
manufactured by CanadaAir, known as the CRJ-200 .
50 . BOMBARDIER and BAC 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 BOMBARDIER and BAC's negligence RHODES was wrongfully killed by
Defendants .
51 . Defendant, GE, was and is engaged in the design, manufacture, certification,
testing and selling of aircraft engines and component parts, including the subject engines,
dangerous and ultra hazardous instrumentalities . Model number CF-34-381 .
52. GE had a duty to Decedent to undertake such repairs and/or maintenance pursuant
to the FAA's directives and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . GE breached its duty by willfully, wantonly, recklessly and negligently
failing to undertake such measures, resulting in the wrongful death of the Decedent .
53 . Further, GE 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 o f
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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 engines .
54 . GE breached its duty by willfully, wantonly, recklessly and negligently failing to
properly manufacture, maintain and oversee the aircraft during the aircraft's operation by the
Decedent RHODES . As a proximate result of GE's negligence RHODES was wrongfully killed
by Defendant s
55 . Defendant, HONEYWELL, was and is engaged in the design, manufacture,
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
pneumatic control valves .
56. HONEYWELL had a duty to Decedent to undertake such repairs and/or
maintenance of the aircraft and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . IONEYWELL breached its duty by willfully, wantonly, recklessly and
negligently failing to undertake such measures, resulting in the wrongful death of the Decedent .
57 . Further, HONEYWELL owed the highest degree of care to all persons aboard
injury as a result of known dangers posed by the improperly maintained aircraft .
58. HONEYWELL breached its duty by willfully, wantonly, recklessly and
negligently failing to properly manufacture, maintain and oversee the aircraft during th e
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aircraft's operation by the Decedent RHODES . As a proximate result of IIONEYWELL's
negligence RHODES was wrongfully killed by Dcfendant s
59. Defendant, PARKER-1IANNIFIN, was and is engaged in the design,
manufacture, certification, testing and selling of aerospace oil pumps for use in turbofan jet
engines, including scavenge oil pumps, and other component parts related thereto, dangerous and
ultra hazardous instrumentalities, including the subject CRJ-200's oil pumps .
60 . PARKER IIANNIFIN had a duty to Decedent to undertake such repairs and/or
maintenance of the aircraft and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . PARKER HANNIFIN breached its duty by willfully, wantonly, recklessly
and negligently failing to undertake such measures, resulting in the wrongful death of the
Decedent RHODES .
61 . PARKER-HANNIFIN owed the highest degree of care to all persons aboard
62 . PARKER-HANNIFIN breached its duty by willfully, wantonly, recklessly and
negligently failing to properly manufacture, maintain and oversee the aircraft during its operation
by the Decedent RIIODES . As a proximate result of PARKER-I-IANNIFIN's negligence
RHODES was wrongfully killed by Defendant s
63 . Defendant, NORTHWEST, was and is the owner of the subject aircraft, a
dangerous and ultra hazardous instrumentality, and was and is an airline engaged in commercia l
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air transport, which does business in interstate commerce in hundreds of locations in the United
States, including l3roward County, as well as in other countries .
64. NORTHWEST had a duty to Decedent to undertake such repairs and/or
maintenance pursuant to the FAA's directives and had an ongoing duty to repair and/or maintain
the aircraft in an airworthy condition . NORTI I WEST breached its duty by willfully, wantonly,
recklessly and negligently failing to undertake such measures, resulting in the wrongful death of
the Decedent RI IODES .
65 . Further, NORTHWEST owed the highest degree of care to all persons aboard
66. NORTHWEST breached its duty by willfully, wantonly, recklessly and
negligently failing to properly manufacture, maintain and oversee the aircraft during its operation
by the Decedent RHODES . As a proximate result ofNORTI-IWEST's negligence RHODES was
wrongfully killed by Defendant s
67 . 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 CRJ-200's ignition system, Model #SPC-IOV .
68 . Defendant, KGS, had a duty to Decedent to undertake such repairs and/or
maintenance and had an ongoing duty to repair and/or maintain the aircraft in an airworth y
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condition . KGS breached its duty by willfully, wantonly, recklessly and negligently failing to
undertake such measures, resulting in the wrongful death of the Decedent RHODES .
69 . KGS 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 .
70 . 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
RHODES .
71 . As a direct and proximate cause of the Defendants' above-described negligence
and the consequent death of Decedent JESSE RI-IODES, 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 et seq, and under all other applicable law.
72 . Plaintiff has had to retain the below referenced counsel to bring this suit and seek
all applicable attorney's fees and costs for doing so .
COUNT I
WRONGFUL DEATH AS TO BOMBARDIER, INC ., BOMBARDIER AEROSPACE
CORPORATION, GENERAL ELECTRIC COMPANY,
HONEYWELL INTERNATIONAL, INC ., PARKER HANNIFIN CORPORATIO N
AND KGS ELECTRONIC S
FLORIDA STATUTE §768 . 16 et seq.
73 . Plaintiffs re-allege each and every allegation set forth in paragraphs I through 72
above as if fully set forth herein .
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74 . Plaintiff ALISON RI LODES brings this action as Personal Representative of the
Estate of JESSE RI LODES, individually and as guardian and mother of his survivors CASSIDY
McLAUGI-LLIN COOK, EMMA VICTORIA RHODES and AIDEN J . RHODES, individuall y
75 . As a direct and proximate result of the Defendants ' negligent acts as set forth
herein above which caused the death of Decedent RHODES the Estate and its survivors have
suffered damages .
76. As a result of the injuries sustained by the Plaintiff' s Decedent died on October
14, 2004, causing his heirs to suffer pecuniary loss and other damages .
WI-IEREFORE, Plaintiff ALISON RHODES brings this action as Personal
Representative of the Estate of JESSE I MODES, individually and as guardian and mother of his
survivors CASSIDY McLAUGHLIN COOK, EMMA VICTORIA RHODES and AIDEN J .
RHODES, individually , hereby demands judgment , jointly and severally, against the Defendants,
BOMBARDIER INC ., BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, PARKER-HANNIFIN CORPORATION, NORTHWEST AIRLINES
and KGS ELECTRONICS for :
a .) Pain and suffering from the date of Decedent 's death ;
b.) Loss of society, companionship , support and services from

the date of Decedent ' s death ;
c .) Loss of support in money or in kind from the date of the

Decedent ' s death ;
d .) Loss of prospective net accumulations beyond death of the

Estate, reduced to present value ;
e.) Funeral expenses due to Decedent's death that my become

a charge against the estate or that were paid by or on behalf
of the Decedent ;
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f.) Any other damages to which the Plaintiff, survivors and/or

beneficiaries may be entitled under applicable law .
COUNT I I
GRIEF, PAIN AND SUFFERING AND EMOTIONAL DISTRESS AS TO

BOMBARDIER , INC., BOMBARDIER AEROSPACE CORPORATION ,
GENERAL ELECTRIC COMPANY, IIONEYWELL INTERNATIONAL, INC .,
PARKER HANNIFIN CORPORATION AND KGS ELECTRONIC S
77. Plaintiffs re-allege each and every allegation set forth in paragraphs I through 72
above as if fully set forth herein .
78 . As a direct and proximate result of the Defendants ' negligent acts as set forth
herein above which caused the death of Decedent RHODES the Estate and its survivors have
suffered damages .
79 . As a result of the death of her son, the Decedent ' s survivors , ALISON RHODES,
CASSIDY McLAUGHLIN COOK, EMMA VICTORIA RHODES and AIDEN J . RHODES,
have suffered severe mental anguish , grief and emotional distress .
WHEREFORE, Plaintiff ALISON RHODES brings this action as Personal Representative
of the Estate of JESSE RI-IODES, individually, and as guardian and mother of his survivors
CASSIDY McLAUGHLIN COOK, EMMA VICTORIA RI-IODES and AIDEN J . RHODES,
individually , hereby demands judgment , jointly and severally, against the Defendants,
BOMBARDIER INC., BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, PARKER-HANNIFIN CORPORATION, NORTHWEST AIRLINES,
INC ., and KGS ELECTRONICS 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 Honorable Court deems just .
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COUNT Il l
NEGLIGENCE, AS TO BOMBARDIER, INC ., BOMBARDIER AEROSPACE

CORPORATION, GENERAL ELECTRIC COMPANY, HONEYWEL L
INTERNATIONAL, INC ., PARKER HANNIFIN CORPORATION
NORTHWEST AIRLINES, INC ., AND KGS ELECTRONIC S
80. The Plaintiff re-alleges and incorporates by reference as though fully set forth
herein each and every allegation set forth in paragraphs 1 through 72 above .
81 . At all times material hereto, Defendants engaged in the business of designing,
certifying, testing, manufacturing and selling aircraft, including the aircraft that is the subject
matter of this Complaint, for use by members of the general public .
82 . The aircraft in question was manufactured by Defendants, and was tested,
serviced, repaired and/or maintained by Defendants with the knowledge that it would be used as
a form of public transportation .
83 . At all times material hereto, the subject CRJ-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
problems were not identified and/or not properly repaired by Defendants .
84 . At all times material hereto, Defendants had a duty to exercise reasonable care in
the inspection, repair and maintenance of the aircraft designed, certified, tested, manufactured
and sold by Defendants, including 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
documentation and communications prepared by Defendants regarding the inspection, repair,
training and maintenance techniques of such an aircraft .
20
32
85 . 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-
lock" problems and other problems at high altitude .
86. 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-200 of the target air speed to prevent dual engine failure .
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 the subject CRJ-200 of the minimum and maximum APU altitude for engine restarts
as the result of flameouts or stall .
88 . 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 .
89 . 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
subject CRJ-200, in the following regards :
a .) Defendants negligently failed to properly inspect, repair

and maintain the subject CRJ-200 so that it would be safe
for use ;
b .) Defendants negligently failed to provide proper supervision

of persons attempting to perform the inspection , repair
and/or maintenance of the subject CRJ-200;
c .) Defendants negligently failed to provide proper technical

training of persons in charge of performing the inspection,
repair and/or maintenance and/or use of' the subject CRJ-
200;
21
33
d .) Defendants negligently failed to communicate to its

personnel in a proper wanner its inspection, repair and/or
maintenance techniques ;
e.) Defendants failed to properly and adequately maintain

and/or repair the subject CRJ-200 in a safe and prudent
manner;
C) Defendants failed to properly warn the owners and/or users

and/or persons servicing and maintaining the subject CRJ-
200 of the defects in the aircraft and other components
thereof;
g .) Defendants failed to properly warn the owners and/or users

200 of the dangers of the subject CRJ-200 and other
components thereof which, while not defective in and of
themselves, could create a dangerous situation if the
aircraft was not properly operated and maintained under
certain conditions ;
h.) Defendants failed to properly train the owners and/or users

200 of the dangers of the aircraft and other components
thereof which, while not defective in and of themselves,
could create a dangerous situation if the aircraft was not
properly operated and maintained under certain conditions ;
an d
i.) Defendants negligently breached their continuing duty to

recall or retrofit the aircraft and other components thereof
when it knew or reasonably should have known of the
defects therein.
90. As a direct , proximate and foreseeable result of the above -described negligence of
Defendants , the Decedent' s Estate and its survivor suffered damages as set forth herein above .
WHEREFORE, Plaintiff ALISON RHODES brings this action as Personal
Representative of the Estate of JESSE RI-LODES, individually, and as guardian and mother of his
survivors CASSIDY McLAUGHLIN COOK . EMMA VICTORIA RI-IODES and AIDEN J .
RHODES , individually , hereby demands judgment, jointly and severally , against all Defendants ,
22
34
BOMBARDIER INC ., BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, PARKER-HANNIFIN CORPORATION, NORTHWEST AIRLINES,
INC ., and KGS ELECTRONICS for all actual , compensatory, consequential and punitive
injuries, plus interests and costs, and such other damages as this Honorable Court deems jus t
COUNT I V
WILLFUL AND WANTON MISCONDUC T
91 . Plaintiff incorporates paragraphs I through 72 above as if fully set forth herein .
92 . The crash and consequent deaths of the Decedent RHODES 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
dangers of an extraordinary nature, posed by the inadequately maintained aircraft .
93 . 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
posed by their failure to properly maintain the subject aircraft .
94. Notwithstanding this knowledge, Defendants failed and refused to warn the
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
necessary regular and ongoing maintenance and training on the airplane .
95 . The crash of the above-described flight on October 14, 2004, was caused by such
known and reasonably foreseeable conditions .
96. By 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 ,
23
35
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 .
WHEREFORE, Plaintiff ALISON RHODES brings this action as Personal
Representative of the Estate of JESSE RHODES, individually, and as guardian and mother of ' his
RI-LODES , individually, hereby demands judgment against the Defendants , BOMBARDIER
INC., BOMBARDIER AEROSPACE CORPORATION, GENERAL ELECTRIC COMPANY,
PARKER-HANNIFIN CORPORATION, NORTHWEST AIRLINES, INC ., and KGS
ELECTRONICS jointly and severally, for all actual , compensatory , consequential and punitive
injuries, plus interests , costs and reasonable attorneys fees, and such other damages as this
Honorable Court deems just and right
COUNT V
STRICT LIABILITY AS TO BOMBARDIER, INC. BOMBARDIER AEROSPACE

CORPORATION, GENERAL ELECTRIC COMPANY, HONEYWEL L
INTERNATIONAL , INC., PARKER HANNIFIN CORPORATION,
NORTHWEST AIRLINES , INC., AND KGS ELECTRONIC S
The Plaintiff re-alleges and incorporate by reference as though fully set forth herein each
and every allegation set forth in the paragraphs 1 through 72 .
97. Defendants were engaged in the business of designing, manufacturing and selling
the aircraft and its component parts which are dangerous and ultra hazardous instrumentalities,
which are the subject matter of this Complaint .
98 . The subject CRJ-200 was expected to reach and did reach the user or consumer
without substantial change in the condition in which it was sold .
24
36
99 . At the time the subject CRJ-200 was sold by Defendants, it was in a defective
condition and unreasonably dangerous to the user or consumer .
100 . The Decedent was within the scope of persons who would use the product in
question and be affected by its use .
101 . Defendants are strictly liable for any physical harm caused to the Decedent as a
result of the defect of the subject CRJ-200 sold by Defendants .
102 . 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 .
WHEREF ORE, Plaintiff ALISON RI-IODES brings this action as Personal
Representative of the Estate of JESSE RHODES, Individually, and as guardian and mother of his
RHODES, individually , hereby demands judgment , jointly and severally , for damages against
Defendants, BOMBARDIER INC ., BOMBARDIER AEROSPACE CORPORATION,
GENERAL ELECTRIC COMPANY, PARKER-HANNIFIN CORPORATION, NORTHWEST
AIRLINES, INC ., and KGS ELECTRONICS together with interest and costs, and demands trial
by jury.
COUNT V
JURY DEMAN D
Plaintiff hereby demands a trial by jury on all issues so triable .
Respectfully submitted this 6 " ' day ofJanuary, 2006
25
37
Es(!ruire
7L B / #43503 4
ary Sc1'avo, Esquire
(,/Marlon Kimpson, Esquire
PO Box 179 2
Mt . Pleasant, SC 29465
Telephone : 843-216-9161
Facsimile : 843-216-9440
JBharrisnnwtleyrice .coln
DATED : January 6`1', 200 6
P:\ FACT I\All\JBliarris\Bocnbaidiei crash\Pleadings\Rhodes-COMPLAINT l .doc - 1/6/2006 1 :26 PM
26
1
IN THE CIRCUIT COURT OF TILE

17`h JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISIO N
CASE NO . :
ALISON RHODES , as Administratri

x of )
the Fgts,tP of JrESSE RHODES, Deceased, )
ALISON RHODES, Individually, and )
ALISON RHODES, as Mother and Guardian )
of CASSIDY McLA°UGHLIN COOK, )
EMMA VICTORIA RHODES & )
ATDEN J. RHODES, )
Plallltiffa , V ERIFIF D MOTION FO R

ADMSSYON TO APPEAR PRO HA C
vs. T~ICIPURSUANT TO
L
F FLORIDA
RULE OF JUDICIAL
BOMBARDIER INC ., BOMBARDIER } ADMINISTRATION 2.061
PARKER IiANNIM CORPORATION,
NORTHWEST AIRLINES, INC., and KGS
ELECTRONICS,
Defendants .
4~cuC. (~7
0'i
COMES NOW MARY SCIiIAVO, Movant herein, and respectfully represents the
rollowiu :
1 . Movant resides in Mt, Pleasant, Charleston County, South Carolina, and is not a
resident of the State of Florida .
2. Movant is an attorney and a member of the law firm of Motley Rice, LLC, with
offices at 28 Bridgeside Boulevard, Mount Pleasant, Charleston County, South
Carolina 29464, Telephone Number (843) 216-9138 .
3 . Movant was retained personally or as a member of the above-named law firm in
f~F ~~ltirl nnHwhTH

:) :ANaw - -
bFGG9 T9 T.9q FR : TA 9RR7. IFR /7R
Z
3 . Movant was retained as a member of the above-named law firm in June of 2005
by the plaintiff's in the captioned civil action, to provide legal representation in
connection with the above-styled matter now pending before the above-named
Court off the State of Florida.
4. Movant is an active mcmbcr in good standing and currently eligible to practice
law in the State of South Carolina before the South Carolina Supreme Court since
November 15, 1999 (SCBar No . 17042), and the United States District Court for
the District of South Carolina since May 16, 2000; (Fed . Bar No . 7487). There
are no disciplinary proceedings pending against Movant .
5. Within . the past five (5) years Movant has not been subject to any disciplinary
proceedings .
6 . Movant has never been subject to any suspension proceedings .
7 . Movant has never been subject to any disbarment proceedings .
8 . Movant, either by resignation, withdrawal, or otherwise, never has terminated or
attempted to terminate Movst+tt's office as an attorney in order to avoid
administrative, disciplinary, disbarment, or suspension proceedings .
9 . Movant is not an inactive member of the Florida Bar .
10 . Movant is not now and has never been a member of the Florida Bar .
11 . Movant is not a suspended member of the Florida Bar .
12, Movant is not a disbarred member of the Florida Bar, nor has Movant received a
disciplinary resignation from the Florida Bar .
13 . Movant has not previously been disciplined or held in contempt by reason of
misconduct committed while engaged in represe ntation pursuant to Florida Rul e
66 30Vd f10dwvIHO : >1eIvW b6559

1 9i95 CO : 10 9002/E0/Z0
3
of Judicial Administration 2 .061 .
14 . Movant has filed one motion to appear as counsel in Florida state cou rts during
the past five (5) years .
15 . Local counsel of record associated with Movant in this matter is Edward
Muritvya , Bar Number 0972649, who is an active member in good standing of the
Florida Bar and has offices at 200 Douglas Road , PH-7, Coral Gables, PL
33134, Telephone Number (305) 445-9292 .
16 . Movant has read the applicable provisions of Florida Rule of Judicial
Administration 1,061 and Rule 1-3 .10 of the Rules Regulating the Florida Bar and
cert ifies that this verified motion complies with those rules ,
17 . Movant agrees to comply with the provisions of the Florida Rules of Professional
Conduct and consents to the jurisdiction of the courts and the Bar of the State of
Florida.
WHEREFORE, Movant respectfully requests permission to appear in this Court
for this cause only .
// t ...
DATED this _ day of January, 2006 .
Ma ry Scl'iiav
Attorney atdAw
28 Bridgeside Blvd .
P. 0. Box 1792
Mount Pleasant , SC 29465
(843) 216-913 8
0ti 39dd f10dWCIHa

:NeJVJ V6999I9I99 60 :Z0 9002/E0/Zo
STATE OF SOUTH :CAROLINA )
COUNTY OF CHARLESTON )
1, Mary Schiavo, do hereby swear or affirm under penalty of perjury that I am the Movant
in the above-styled matter, that I have read the foregoing Motion and know the contents thereof
and the contents are true of my own knowledge and belief

c
O, MovantlA.ffiant.
The foregoing instrument was acknowledged before me this ,day of January, 2006,
by MARY SCHIAVO, who is personally known to me and who did take an oath.
anuary, 2 0
lr
0
h. 0 I a
Nota' 4F 1 is ture
M
Prim e 0 Name)
M. 0 fission xpires
A:\PACT1%AIMVIATION - GENERAL\Aviation Calico-Actve\Pinnacle Air Hight 3701 CRJ 501404 crash\Plooding5WOlion:lPro Myc Vice.MaryS: Rhodea .doc -1/EJ2008 1 .33 PM
Tb 39Vd f10dwvIHD :
MVW t'S 9I9I99 60 :TO 9002/E0/Z0
i
IN THE CIRCUIT COURT OF THE
17`r' JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISION
CASE NO. .
ALISON RHODES, as Personal Representative

of the Estate of JESSE RHODES , Deceased,
ALISON RHODES, Individually, an d
ALISON RHODES, as Mother and Guardian
02
of CASSIDY McLAUGHLIN COOK
EMNIA VICTORIA RHODES & VERIFIED MOTION FOR
AIDEN J . RHODES, Individually, ADMISSION TO APPEAR
PROHAC VICE
Plaintiff, PURSUANT TO FLORIDA RULE
OF JUDICIAL ADMINISTRATION
vs. 2.06 1
BOMBARDIER INC., BOMBARDIER

AEROSPACE CORPORATION, C)
ca-~
ITENERAL ELECTRIC COMPANY,
PARKER IIANNIFIN CORPORATION,
lSJ
NORTHWEST AIRLINES, INC ., and KGS
ELECTRONICS,
Defendants.
COMES NOW MARLON KIMPSON , Movant herein, and respectfully represents the
following :
1 . Movant resides in Charleston, Charleston County, South Carolina, and is not a
resident of the State of Florida .
2. Movant is an attornt y of the law firm of Motley Rice, LLC , with oaf ee,s at 2 8
I3ridgcside Boulevard , Mount Pleasant, Charleston County , South Carolin a
29464, Telephone Number (843) 216-9180 .
zt 3EVd nodwV IH0 :>ddw b6999I9T99 E0 :10 9002/E0/

7
3, Movant was retained as a member of the above-named law firm in June of 2005
by the plaintiffs in the captioned civil action, to provide legal representation in
connection with the above-styled matter now pending before the above-named
Court of the State of Florida .
4 . Movant is an aotive member in good standing and currently eligible to practice
law in the State of South Carolina before the South Carolina Supreme Court since
November 15, 1999 (SC1ar No . 17042), and the United States District Court for
the District of South Carolina since May 16, 2000, (Fed . Bar No . 7487) . There
are no disciplinary proceedings pending against Movant .
5 . Within the past five (5) years Movant has not been subject to any disciplinary
proceedings .
6 . Movant has never been subject to any suspension proceedings .
7 . Movant has never been subject to any disbarment proceedings .
8 . Movant, either by resignation, withdrawal, or otherwise, never has terminwrxi or
attcmptcd to terminate Movant's office as an attorney in order to avoid
administrative, disciplinary, disbarment, or suspension proceedings .
9 . Movant is not an inactive member of the Florida Bar .
10 . Movant is not now and has never been a member of the Florida Bar .
11 . Movant is not a suspended member of the Florida Bar .
12 . Movant is not a disbarred member of the Florida Bar, nor has Movant received a
disciplinary resignation from the Florida Bar ,
13 . Movant has not previously been disciplined or held in contempt by reasur, of
misconduct committed while engaged in represent .tttiuii pursuant to Florida Rul e
bb 39VJ flOdwvIH9 :)1eJk J b6999T9I95

E0 : t0 900Z/E0/Z0
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORID A
FT . LAUDERDALE DIVISIO N
ALISON RHODES , as Personal

Representative of the Estate of JESSE
RHODES , Deceased , ALISON RHODES,
Individually , and ALISON RHODES, as
Mother and Guardian of CASSIDY
MCLAUGHLIN COOK , EMMA VICTORIA
RHODES and AIDEN J . RHODES,
Individually,
Plaintiffs ,
CASE NO.:
vs .
BOMBARDIER , INC., BOMBARDIER

PARKER HANNIFIN CORPORATION,
NORTHWEST AIRLINES, INC., and KGS
ELECTRONICS ,
Defendants .
JOINDER IN AND CONSENT TO REMOVA L
HONEYWELL INTERNATIONAL INC ., improperly sued and served as
"Honeywell International, Inc .," hereby joins in and consents to Defendants
BOMBARDIER, INC . and BOMBARDIER AEROSPACE CORPORATION's removal o f
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 Florid a
Fort Lauderdale Division .
#2412111v1
121
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
FT. LAUDERDALE DIVISIO N
ALISON RHODES , as Personal

Representative of the Estate of JESSE
RHODES , Deceased, ALISON RHODES,
Individually , and ALISON RHODES, as
Mother and Guardian of CASSIDY
MCLAUGHLIN COOK, EMMA VICTORIA
RHODES and AIDEN J . RHODES,
Individually,
Plaintiffs ,
CASE NO . :
vs.
BOMBARDIER, INC., BOMBARDIER

PARKER HANNIFIN CORPORATION,
NORTHWEST AIRLINES , INC., and KGS
ELECTRONICS ,
Defendants .
1
JOINDER AND CONSENT TO REMOVA L
Defendant, GENERAL ELECTRIC COMPANY, hereby joins in and consents to
Defendants BOMBARDIER, INC . and BOMBARDIER AEROSPACE 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 Southern District of
Florida Fort Lauderdale Division .
#2412110v1
Case 0:06-cv-60185-PCH Document 1 Entered on FLSD Docket 02/15/2006
MAGISTRATEPage 43 of 43
JTUDG$
.JS 44 (Rev. 1 1105) CIVIL COVER SHEET SIMONTOIN
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadin s or other papers as uired bylaw, except es provided
by local rules of court . This form, approved by the Judicial Conference of the United State ; in Sea tergk j 974, .j~.rr~~qqutred fgR~F ~~t a u~pQ~ p C~ RNrj for thf purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) 10iT1[CE': AerderMUST I>dill~it~e All b=td''Rau $W:
I . (a) PLAINTIFFS Alison Rhodes, as Personal Rep . DEFENDANTS Bombardier, Inc . ; Bombardier
of the Estate of Jesse Rhodes, deceased ; Alison Aerospace Corp . ; General Electric Co . ; Honeywel
Rhodes, ind'ly ; & Alison Rhodes, as mother & Int'l, Inc . ; Parker Hannefin Corp . ; Northwes t
guardian . of Cassidy M . Cook, Emm3 .V . Rhodes, & Airlines, Inc . ; KGS Electronics
(b) Coun ty of Residence of First Listed Plaintiff Browar d County of Residence of First Listed Defendant Mnnrraa I
Aid en J . Rhodes ( EXCEPT IN U .S . PLAINTIFF CASES ) (IN U .S . PLAINTIFF CASES ONLY)
c~v
(C) A ttorney's (Firm Name, Address, and Telephone Number) NOTE : IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT
J .B . Harri s LAND INVOLVED.
Motley Rice (843) 216-916 1 Attomeys( IfKnown ) Bombardier Defendants :

28 Bridgeside Blvd .
4A Robert Bourgeois, Fowler White Boggs Banker
Mt . Pleasant , SC 294 6
E . Kenned Blvd . Ste 1700 Tama FL 3360
(d) Check County Where Action Arose : 0 MIA Mr DA 0 MO R P BEACH 0 MARTIN O ST. LUCIE 0 INDIAN "R Q OKEECHOBE E
ei HIGHLANDS
H. BASIS OF JURISDICTION (Place an "X" in One Box Only) CITIZENSHIP OF PRINCIPAL PA TIES( Place'slt "X" iii One Box for Plaintiff
(For Diversity Cases Only ) anM ' Tor Defendant)
0 I U.S . Govern ment O 3 Federal Questio n PTF DEF '"~ gBo PTFx DE F
Plaintiff (U.S . Govern ment Not a Party ) Citizen of This State JQ I O I Incorporated ft-Pthce \ 0 4 O 4
of Busineas:btThis State
O 2 U.S . Govern ment lX4 Diversi ty Citizen of Another State 2 0 2 Incorporated akd PrincipaTP ce O 5 ER 5
Defendan t of Business T Anotherliate
Indicate unship of Pa rt ies in I te m 111 )
15- Nu dl_ cSj 0'1 itizen or Subject of a 0 3 0 3 Foreign Nati>jtt' ..

Foreign C ountry r' -
O 6
IV . NATURE OF SUIT (Place an "X" in One Box Only )

CONTRACT TORTS FORFEIT TY BANKRUPTCY OTHERSTATUTES
O 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agriculture 0 422 Appeal 28 USC 158 Cl 400 State Reapportionment
0 120 Marine EA310 Airplane 0 362 Personal Inju ry - 0 620 Other Food & Drug 0 423 Withdrawal 0 410 Antitrus t
0 130 Miller Act 0 315 Airplane Product Med. Malpractice 0 625 Drug Related Seizure 28 USC 157 0 430 Banks and Bankin g
0 140 Negotiable Instrument Liability 0 365 Personal Injury - of Property 21 USC 881 0 450 Commerce
0 150 Recovery of Overpayment 0 320 Assault, Libel & Product Liability 0 630 Liquor Laws —PROPERTY 0 460 Deportation
& Enforcement of Judgment Slander 0 368 Asbestos Personal 0 640 R .R . & Truck 0 820 Copyrights 0 470 Racketeer Influenced an d
O 151 Medicare Act 0 330 Fede ra l Employers ' Inju ry Product 0 650 Airline Regs . O 830 Patent Corrupt Organizations
0 152 Recove ry of Defaulted Liability Liability 0 660 Occupational 0 840 Trademark 0 480 Consumer Credi t
Student Loans 11340 Marine PERSONAL PROPERTY Safe ty/Health 0 490 Cable/Sat T V
(Excl . Veterans) O 345 Ma ri ne Product 0 370 OtherFraud 0 690 Other 0 810 Selective Se rvice
0 153 Recovery of Overpayment Liability 0 371 Truth in Lending I IABOR SOCIAL SECURITY 0 850 Securities/Commodities/
of Vete ra n ' s Benefits 0 350 Motor Vehicle O 380 Other Personal O 710 Fair Labor Standards 0 861 HIA (1395f!) Exchange
O 160 Stockholders' Suits 0 355 Motor Vehicle P roperty Damage Act 0 862 Black Lung (923) 0 875 Customer Challeng e
O 190 Other Con tract Product Liability 0 385 Property Damage 0 720 Labor/Mgmt . Relations 0 863 DIWCJDIW W (405(g)) 12 USC 341 0
0 195 Contract Product Liability 0 360 Other Personal Product Liabili ty O 730 Labor/Mgmt .Repo rt ing 0 864 SSID Title XVI 0 890 Other Statuto ry Actions
0 196 Franchise Iniury & Disclosure Act O 865 RSI (405(g)) 0 891 Agricultural Act s
REAL, PROPERTY CIVIL RIGHTS PRISONER PETITIONS O 740 Railway Labor Act FEDERAL TAX SUITS 0 892 Economic Stabilization Ac t
0 210 Land Condemnation 0 441 Voting 0 510 Motions to Vacate 0 790 Other Labor Litigation O 870 Taxes (U .S. Plaintiff 0 893 Enviro nmental Matt e r s
0 220 Foreclosure 0 442 Employment Sentence 0 791 Empl . Ret . Inc . or Defendant) 0 894 Energy Allocation Ac t
0 230 Rent Lease & Ejectment 0 443 Housing/ Habeas Corpus: Security Act 0 871 IRS-Third Party 0 895 Freedom of Informatio n
Cl 240 Tort s to Land Accommodations 0 530 General 26 USC 7609 Act
0 245 Tort Product Liability 0 444 Welfare 0 535 Death Penalty 0 900Appeal of Fee Determination
0 290 All Other Real Property 0 445 Amer. w/Disabilitics - 0 540 Mandamus & Other Under Equal Access
Employment O 550 Civil Rights to Justice
O 446 Amer. w/Disabilities - 0 555 Prison Condition O 950 Constitutionali ty of
Other State Statute s
O 440 Other Civil Rights
V . ORIGIN (Place an "X" in One Box Only) Appeal to District

fr 0 7 Judge fro m
O 1 Original 2 Removed from O 3 Re-filed- 0 4 Reinstated or 0 5 Transferred om 0 6 Multidistrict
Proceeding State Court ( see VI below ) another Magistrate
Reopened district
(specify) Litigatio n
Judgmen t
a) Re-filed Case 0 YES ,3NO b) Related Cases kYES ON O
VI. RELATED/ RE-FILED (See instructions
CASE(S) . second page):
Companion case is being removed simultaneous) from Broward
JUDGE County : Migdalski v . Bombardier, et al ., Case# 060024 0
Cite the U .S. Civil Statute under which you are filing and Write a B ri ef Statement of Cause (Do not cite jurisdictional statutes unless
diversity ) :28 U .S .C . sections 1441 and 1446 : The matter is between citizens of
VII . CAUSE OF different states . The amount in controversy will exceed $75,000 excluding
ACTION interest and costs .
LENGTH OF TRIAL via days estimated (for both sides to t ry entire case)
VIII . REQUESTED IN ; CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only if demanded in complaint :
COMPLAINT : UNDER F .R,C.P . 23 JURY DEMAND : 1H Yes 1 N o
ABOVE INFORMATION IS TRUE & CORRECT TO SIGNA .E,yF A7JORNEY QF RECORD / 1 DAT E
THE BEST OF MY KNOWLEDG E

RHODES, ET AL v. BOMBARDIER, INC., Et Al Complaint

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Case 0:06-cv-60185-PCH Document 1 Entered on FLSD Docket 02/15/2006 Page 9 of 43

IN THE CIRCUIT COURT OF TIL E

ALISON RHODES, as Personal Representative )

Plaintiffs , WRONGFUL DEATH

BOMBARDIER, INC ., BOMBARDIER AEROSPACE CORPORATION, GENERAL

ELECTRIC COMPANY, HONEYWELL INTERNATIONAL, INC ., PARKER HANNIFIN

CORPORATION, NORTHWEST AIRLINES, INC ., and KGS ELECTRONICS and states i n

support of the Complaint as follows :

1 . JURISDICTION AND VENU E

exclusive of interest, costs and attorneys fees .

2. Venue is proper because a companion formerly filed in this circuit is currently

3 . All conditions precedent to bringing this action have been met .

4 . Plaintiff, ALISON RHODES is the Personal Representative of the Estate of

MCLAUGHLIN COOK, EMMA VICTORIA RHODES and AIDEN J . RI IODES, individually .

5 . At all time material hereto, Decedent JESSE RI-LODES ("RHODES") was a

6. Plaintiff, ALLISON RHODES, as Personal Representative of the Estate of JESSE

and personal injuries of the Decedent caused by the Defendants .

7 . Plaintiff, ALLISON RI-LODES as Personal Representative of the Estate of JESSIE

8 . Defendant, BOMBARDIER, INC . (hereinafter "BOMBARDIER.) is a foreign

9 . Defendant, BOMBARDIER, maintains significant contacts with the state of

part, caused or contributed to the accident described herein below .

10. The Defendant . BOMBARDIER AEROSPACE CORPORATION (hereinafter

"BAC"), is a Delaware corporation with subsidiaries registered to do business in the state of

1445 1 Y9, Canada .

described herein below .

12 . Defendant, GENERAL ELECTRIC COMPANY ("GE"), is a New York

to §48 .193 Fla. Stat ., in that GE:

a.) Has as its registered agent in the state of Florida, Cl'

b .) Operates, conducts, engages in or carries on businesses or

c .) Engages in substantial, not isolated, activities within the

d.) Repairs, sells, services, and maintains aircraft engines in

1'.) Maintains agents and/or representatives in the state of

g•) Advertises its products and services in the state of Florida ;

h .) A substantial dollar value of aircraft engines sold by GE are

i .) Does business through aircraft engine manufacturers,

Is authorized to do business in the stale of Florida ;

Caused the damages alleged herein within the state of

13 . Defendant , HONEYWELL INTERNATIONAL, INC . ("I-IONEYWELL"), by and

through its division Honeywell Aerospace , is a Delaware corporation authorized to do business

a.) Has a registered agent in the state of Florida, Corporation

c.) Engages in substantial, not isolated, activities within the

d .) Repairs, sells, services, and maintains aircraft in the state of

1.) Maintains agents and /or representatives in the state of

g•) Advertises its products and services in the state of Florida ;

I1.) A substantial dollar value of aircraft component parts sold

i.) Does business through aircraft and aircraft parts

j•) Is authorized to do business in the state of Florida ;

k.) Caused the damages alleged herein within the state of

14 . Defendant, PARKER I IANNIFIN CORPORATION ("PARKER HANNIFIN"), is

headquarters at 6035 Parkland Boulevard, Cleveland, Ohio . PARKER IIANNIFIN is subject to

a.) Has a registered agent in the state of Florida, CT

c .) Engages in substantial, not isolated, activities within the

d .) Repairs, sells, services, and maintains aircraft component

e .) Owns, leases and/or uses real estate in the state of Florida;

f.) Maintains agents and/or representatives in the state of

g•) Advertises its products and services in the state of Florida ;

h .) A substantial dollar value of aircraft component parts sold

j•) Is authorized to do business in the state of Florida ;

k.) Caused the damages alleged herein within the state of

15 . Defendant , NORTHWEST AIRLINES, INC . ("NORTHWEST"), is a Minnesota

a .) Has a registered agent in the stale of Florida . CT

b.) Operates, conducts, engages in or carries on businesses or

c .) Engages in substantial, not isolated, activities within the