$11.35 Million Verdict against Winner Aviation Corporation for Negligence Resulting in Atlanta Aviation Crash

CLEVELAND, Dec. 15, 2011 /PRNewswire/ -- One of the largest air crash disaster verdicts was handed down on Dec. 14, 2011, by a Philadelphia jury, which awarded $11.35 million in compensatory damages to Dr. Robert Marisco Jr. and his fiancee Heather Moran, both of Akron, Ohio, in an action against Winner Aviation Corporation. (Case No. 000169, Philadelphia County Court of Common Pleas, Philadelphia, Pennsylvania).

Dr. Marisco, a dermatologic surgeon, and Ms. Moran, a professional pilot, were flying back to Ohio in Dr. Marsico's private airplane when it developed engine problems and crashed shortly after takeoff from DeKalb-Peachtree Airport in Georgia on Aug. 8, 2007. Dr. Marisco and Ms. Moran both suffered disabling and disfiguring injuries, including third degree burns covering nearly 40 percent of their bodies.

Dr. Marsico and Ms. Moran were represented by James R. Lebovitz and Ellen McCarthy of Nurenberg, Paris, Heller & McCarthy based in Cleveland, Ohio, and by Arthur Alan Wolk and Cynthia Devers of The Wolk Law Firm in Philadelphia.

Dr. Marsico's twin-engine Cessna Skymaster airplane was maintained for several years by defendant Winner Aviation, an aviation repair facility based at Youngstown-Warren Regional Airport in Ohio. Dr. Marsico purchased the Skymaster (which has an engine in the front and one in the rear) in 2006 and selected Winner Aviation as the facility to conduct the FAA-required yearly inspections and all necessary repairs and maintenance.

From 2006 until the time of the crash, the Skymaster was plagued with recurrent problems with its rear engine. Winner Aviation performed repeated troubleshooting on a particular component known as a waste gate, when in fact the problems went much deeper. On the day of the crash, the rear engine on the twin-engine airplane lost power after takeoff, and all attempts to restart it failed. Though the airplane is designed to run on one engine in the event of a failure, Ms. Moran quickly learned that the front engine would not deliver the necessary power to maintain safe flight and, as a result, Ms. Moran had to make an emergency landing. Despite the skills and experience of this highly trained pilot, the aircraft exploded upon landing, resulting in a fiery crash that caused horrific injuries to Ms. Moran and Dr. Marsico.

At trial, plaintiffs claimed, among other things, that Winner Aviation never undertook repairs or overhauling of the rear engine that were necessary to keep it in an airworthy condition. Plaintiffs further alleged that Winner Aviation's misdiagnosis of the recurrent problems of "power loss" in the rear engine was compounded by an alleged failure to have an appropriate inspector investigate all work that was being performed by its mechanics. Plaintiffs also alleged that Winner Aviation was aware that the front engine was long overdue for a complete overhaul, but never recommended an overhaul to Dr. Marsico. Plaintiffs argued at trial that the failure to overhaul this engine or, at the very least, perform a proper inspection and repair of its valve guides and other engine parts, caused a diminution of power during an in-flight emergency—precisely when full power was most important.

The lawsuit against Winner Aviation was tried in the Philadelphia County Court of Common Pleas, and the jury found that Winner Aviation was negligent and breached warranties in its inspection, maintenance, and repair of the Skymaster and that this misconduct was a direct cause of the crash. The damages awarded to Dr. Marsico and Ms. Moran are to compensate them for the medical expenses, physical and emotional pain they have endured since the crash and into the future, as well as damages for their disfiguring and disabling injuries.

"This is a bittersweet conclusion to a long, hard fought battle with one of the region's largest aviation repair facilities," Mr. Lebovitz said. "The outcome of this case demonstrates that a citizen's constitutional right to a trial by a jury of her peers is alive and well. By reaching this verdict, the jury sends an important message to the airplane repair community—safety of flight for pilots and their passengers is of utmost importance and there can be no shortcomings whatsoever when it comes to the care, inspection, and maintenance of airplanes; and that those who endanger the lives of the flying public will be held accountable for their misconduct."

About Nurenberg, Paris, Heller & McCarthy
Nurenberg, Paris, Heller & McCarthy has represented the catastrophically injured and their families since 1928.The Cleveland, Ohio, based law firm is known for its success in cases involving medical malpractice, wrongful death, defective products, airplane crashes, railroad disasters, unfair business practices, and consumer class action litigation. The attorneys at Nurenberg, Paris pride themselves on their advocacy for the rights and well-being of their clients and their community service. For more information, visit www.nphm.com.

For more information, contact:
Richmond Williams
Phone: (615) 369-7089
E-mail: [email protected]

SOURCE Nurenberg, Paris, Heller & McCarthy