Result: Defense verdict- Limited Damages and Reimbursement to Defendant
The CSH Aviation Group (Susan Hofer and Mica Worthy) recently prevailed at trial before a federal court judge for the FBO (Fixed Base Operator) Defendant. Plaintiff aircraft owner alleged damage to the vertical stabilizer of a Falcon 50 jet. Plaintiff’s demands included replacement of the entire aircraft and diminution in value in excess of $2 Million. Defendant admitted liability but disputed damages and asserted that Plaintiff had abandoned the aircraft on the tarmac, failed to maintain its engines, failed to keep the aircraft in an airworthy condition and that Plaintiff’s own failure to mitigate damages was the proximate cause of any diminution of value. Defense experts in aircraft maintenance and repair and in aircraft appraisal and valuation were found more persuasive than Plaintiff’s evidence, and as a result, the court awarded only a minimum amount of damage owed to Plaintiff for the cost of minor repairs to the vertical stabilizer, and awarded payment of past due storage fees to Defendant.
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