Fuller Law Office, LC: Attorney For Plaintiffs
Fuller Law Office, LC: Attorney For Plaintiffs
Fuller Law Office, LC: Attorney For Plaintiffs
Fuller (#10061)
[email protected]
FULLER LAW OFFICE, LC
1090 North 5900 East
Eden, Utah 84310
Telephone (801) 791-7736
Attorney for Plaintiffs
)
SAMANTHA L. SANDOVAL and ) COMPLAINT
DARIOUS (RANDY) SANDOVAL, )
) (TIER 2)
Plaintiffs, )
) Civil No. ____________
vs. )
) Judge __________
LAWRENCE D. ERICK, and JOHN DOE )
REPAIRMAN, JOHN DOE INSPECTOR, )
JOHN DOES I-X, )
)
Defendants. )
)
through counsel, complain and allege causes of action against Defendants LAWRENCE D.
ERICK, and JOHN DOE REPAIRMAN, JOHN DOE INSPECTOR, JOHN DOES I-X, and
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PARTIES
husband and wife, are individuals who reside in Roy City, Weber County, State of Utah.
an individual who crashed an aircraft into Samantha, and is believed to be residing in Apache
Junction, Arizona.
worked on or changed the fuel line, worked on other repairs, and possibly inspected the airplane
that Lawrence crashed into Samantha. JOHN DOE REPAIRMAN did the work in or near
Ogden, Utah, at the Ogden-Hinckley Airport, and is believed to be a resident of Utah. This
defendant will be specifically named as discovery progresses and after his or her true identity is
disclosed.
inspected the airplane that Lawrence crashed into Samantha, and is the individual referred to in
the National Transportation Safety Board Aviation Accident Preliminary Report wherein is states
that "The pilot reported the airplane recently came out of inspection." The inspector is believed
to be a resident of Utah. This defendant will be specifically named as discovery progresses and
5. Defendants JOHN DOES I-X are other possible parties whose true names
are unknown and who may have contributed to Plaintiffs' injuries and will be specifically named
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as discovery progresses and their true identities are disclosed. They may be employer(s) of the
Defendant(s) who are also liable for Plaintiffs' injury and damages, aircraft manufacturers,
6. The Second District Court of Weber County, State of Utah, is the proper
venue and has jurisdiction over this case pursuant to Article VIII, '5, of the Utah Constitution
7. The acts, omissions, and accident upon which this complaint is based
occurred entirely or substantially in Weber County, State of Utah, making this Court the proper
8. Plaintiffs have standing in this case as a result of, among other things, the
personal physical injuries inflicted upon Plaintiffs and their property damages as a result of the
accident at issue which caused Plaintiffs' damages and occurred in Weber County, State of Utah.
plaintiff Samantha was lawfully driving her vehicle southbound on 1900 W. at approximately
11. At the same time Samantha was driving her vehicle, defendant Lawrence
was believed to be the owner and the pilot of an aircraft, tail number 9798L (the "airplane"), who
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took off in the airplane from the Ogden-Hinckley Airport on or about the afternoon of September
12, 2017.
12. Defendant Lawrence took off from the airport on the accident date with a
plan to do a "touch and go" to see how the plane was doing.
the proper control of the aircraft he was flying shortly after taking off from the airport and he
piloted the airplane into the vehicle Samantha was driving, causing a crash that caught both the
14. Samantha's Malibu ("vehicle"), with her inside, was spun around at least
180o as a result of the airplane crashing on top of her at a high a high rate of airspeed.
15. The airplane striking the vehicle totally destroyed the plaintiffs' vehicle.
16. Samantha was initially unable to get out of her vehicle while the inside
and outside of her vehicle was engulfed in flames caused by the airplane collision.
17. Samantha was eventually assisted out of her vehicle by bystanders while
18. Samantha was transported from the accident scene to the hospital to treat
19. The airplane Lawrence crashed into Samantha had been in outside storage
at the Ogden-Hinckley Airport for more than three years prior to Lawrence purchasing the
airplane.
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FIRST CAUSE OF ACTION
21. Defendant Lawrence was the sole pilot of the airplane involved in the
accident at issue.
22. The pilot of the aircraft is directly and ultimately responsible for the
Regulations (“FAR's”) before taking off in the airplane and at the time of the accident, which
24. Defendant pilot Lawrence violated the Federal Aviation Regulations at the
time of the accident because, among other reasons, he was operating an aircraft that was not
airworthy.
25. Defendant pilot Lawrence's airplane that he was flying was not airworthy
at the moment in time when the airplane made contact with the vehicle that Samantha was
driving.
condition.
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28. Defendant pilot Lawrence had a duty to make sure the airplane he was
flying on the day of the accident was airworthy and he breached that duty because the airplane
29. Defendant pilot Lawrence had a duty to determine, before taking off on
the day of the accident, that the airplane he was flying was in the proper condition for safe flight,
and he breached that duty because the aircraft was not in a condition for safe flight.
30. Defendant pilot Lawrence's breach of duties while negligently piloting the
airplane directly and proximately caused the economic, non-economic, and personal physical
injuries and damages to plaintiffs as listed below in this complaint, incorporated by reference.
31. Defendant pilot Lawrence was the pilot in command of the airplane and is
therefore directly responsible and liable for the negligent operation of the aircraft.
32. Defendant pilot Lawrence violated, among other rules and regulations,
FAR §91.3, §91.7, and §91.409 by not having the plane properly inspected.
33. Defendant pilot Lawrence violated FAR §91.403 because as the "owner or
operator of an aircraft [he] is primarily responsible for maintaining that aircraft in an airworthy
condition, including compliance with part 39 of this [the FAR] chapter," and he failed to
35. Defendant pilot Lawrence is negligent as a matter of law for breaching the
duties he owed to Plaintiffs' while he negligently prepared the airplane for flight, while he was
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attempting to fly the airplane on the day of the accident, and at the moment of impact between
36. Defendant pilot Lawrence is subject to the highest degree of duty and
highest degree of care because pilots are charged with that which they should have known in the
matter of law, he was negligent in causing the accident because he breached the highest duty of
care as a pilot, or in the alternative, he was negligent in piloting the airplane into Samantha's
38. Pilots must study and know the appropriate provisions of the Airman's
provision required under the AIM while preparing to fly the airplane and while crashing into
Samantha.
40. Defendant Lawrence had a duty and breached his duty to obey aviation
and traffic regulations as he was attempting to land his aircraft on a public street and a duty to
41. Defendant Lawrence owed the Plaintiff a duty to drive safely and to
prevent his vehicle from colliding with Plaintiffs' vehicle, which he breached.
42. Defendant Lawrence had a duty to stop his vehicle before driving,
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43. Defendant Lawrence breached the duties he owed to Samantha and Randy
by failing to control his vehicle and failing to land his airplane someplace other than on the top
of Plaintiffs' vehicle.
44. Defendant Lawrence had a duty to see, or know from seeing, that the
highway he was attempting to land on was clear and safe for him to land on at the speed he was
45. The proper way to "see how an airplane is doing" is to conduct an annual
inspection or proper inspection pursuant to Federal Aviation Requirements prior to taking off in
the airplane as opposed to taking off to conduct a "touch and go" maneuver.
46. The defendant pilot breached the duties he owed to Plaintiffs by failing to
properly pay attention while flying, or in the alternative, by flying while being distracted.
47. Defendant Lawrence knew or had reason to know that failure to control
his airplane could cause an accident and it was foreseeable that steering his airplane into
48. It was foreseeable to the defendant pilot that crashing his airplane with
fuel into Samantha's vehicle could catch the Plaintiffs'' vehicle on fire.
49. Defendant Lawrence’s breach of duties were the proximate causes of the
Plaintiffs' injuries.
Lawrence’s negligence when the Defendant steered or piloted his airplane into the Plaintiffs'
vehicle.
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51. Defendant Lawrence could have prevented the accident by properly
inspecting, maintaining, and/or properly controlling his airplane before he crashed into the
Plaintiffs' vehicle.
53. All of the past and future medical expenses as a result of or related to the
accident.
54. All of Plaintiffs' past and future lost wages, lost benefits, lost earning
55. All of the vehicle and personal property damages caused by the accident.
56. All of the “out of pocket” costs Plaintiffs have paid and will pay as a result
of the accident.
57. All of the services and costs Plaintiffs have required while recovering
include the pain and suffering caused by the accident, the medical procedures, the recovery
process, emotional damages, and physical therapy required as a result of the accident, both past
and future.
59. Defendant Lawrence is liable for all personal bodily injuries caused when
his airplane crashed into Samantha, which may include, but are not limited to the following:
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injury of left shoulder and upper arm
neck and nerve injury and trauma
injury of abdomen
displaced fracture of medial phalanx of left little finger
injury of right ankle
injury of left shoulder and upper arm
injury of head
pain in finger(s)
other intervertebral, lumbar region trauma
major depressive disorder, single episode
cervicalgia
P.T.S.D.
connective tissue and disc stenosis of intervertebral foramina of cervical region
60. Defendant Lawrence’s negligent acts and omissions while preparing and
while flying into Samantha was the proximate cause of Plaintiffs' injuries, making Defendant
61. Defendant Lawrence had a duty to confirm that all work and inspections
62. Pilot Lawrence's act of attempting to fly the airplane without the proper
inspections and maintenance manifested a knowing and reckless indifference toward, and a
63. John Doe Repairman had a duty to properly replace and install the fuel
64. It is believed that defendant Lawrence paid John Doe Repairman to work
on the airplane fuel line and to do other work on the airplane not long before the accident.
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65. John Doe Repairman worked on the airplane while the aircraft was parked
at the Ogden-Hinckley Airport, in Ogden, Utah, Weber County, between the time Lawrence
66. John Doe Repairman breached the duty of care by failing to properly make
the required repairs, which included the installation and work on the airplane fuel system.
67. John Doe Repairman committed negligent acts and omissions while
68. John Doe Repairman's negligent acts and omissions were a proximate
69. Defendant pilot Lawrence and John Doe Repairman are both liable for
70. John Doe Inspector had a duty to properly inspect the airplane pursuant to
71. John Doe Inspector breached the applicable duty of care by failing to
properly inspect the airplane, which includes, among other things, failing to conduct a proper
annual inspection.
72. John Doe Inspector failed to realize the airplane was not airworthy, which
is a breach of duty.
73. John Doe Inspector's breach of duty was also another proximate cause of
Plaintiffs' injuries, making John Doe Inspector and defendant pilot Lawrence both liable for
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74. The airplane crash was an accident which in the ordinary course of events,
would not have happened had the defendants used due care.
75. The airplane that struck the Plaintiffs' vehicle, causing the Plaintiffs'
injuries, was at the time of the accident under the management and control of the defendants.
76. Plaintiffs now demand an award of damages against each Defendant in the
inflicting severe emotional distress upon Plaintiffs as a result of the accident that led to Plaintiffs'
injuries, medical treatments, pain, and damages described above and below in this complaint.
80. Among other things, defendant Lawrence was negligent because he flew
or crash-landed his airplane into Plaintiffs' vehicle, which caused, among other things, the
81. Samantha suffered extreme emotional distress at the time of the accident,
while being treated for the accident, and while experiencing the ongoing recovery from the
accident.
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82. The airplane to vehicle collision was traumatic and scared Lawrence.
83. The airplane to vehicle collision was traumatic and scared Samantha.
84. Samantha has suffered from a post traumatic stress disorder (P.T.S.D.) as
a result of defendant Lawrence crashing into Samantha's vehicle, catching her vehicle on fire
with Samantha inside of the vehicle, and totaling the Sandoval vehicle.
85. Randy suffered extreme emotional distress upon learning of the accident,
while Samantha was being treated in the hospital, and while coping with the ongoing recovery
86. The accident and facts described in this Compliant induced severe
87. The accident has subjected both plaintiffs to a severe economic hardship,
from a post traumatic stress disorder (P.T.S.D.), and is being treated for the severe emotional
89. Defendants' negligent acts listed above proximately caused the injuries
90. Based upon the foregoing, both Samantha and Randy are entitled to
recover reasonable damages from each Defendant for the negligent infliction of emotional
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REQUEST FOR RELIEF
WHEREFORE, Plaintiffs incorporate the paragraphs above and pray for and
demand judgment against the defendants, up to the Tier 2 maximum amount of $300,000.00,
proven at trial, for both past and future circumstances, including but not limited to the following:
expenses.
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3. For other economic and out-of-pocket damages, including the cost of
relocating the Plaintiffs, in an amount to be proven at trial and for damages for permanent
4. For all lost wages, benefits, and accumulated leave and vacation time lost
5. For the total amount of lost earning capacity caused by the accident.
to Utah Code Ann. ' 78B-5-824, costs of litigation, and attorney fees
reckless disregard for the rights of the Plaintiffs in flying an airplane that
8. For a ruling that the defendant pilot Lawrence is negligent and liable as a
9. For a ruling that the Defendants' are 100% at fault for all of the Plaintiffs'
injuries.
10. For a determination and ruling that flying the airplane under the
activity.
11. For the application of the res ipsa loquitur doctrine and an inference of
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12. For further relief as the Court deems just and proper in the premises.
Plaintiff:
Samantha and Randy Sandoval
Roy, Utah
c/o Attorney for Plaintiff
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