zoey wahl was a minor child at the time of her death and a...
TRANSCRIPT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF MARION
APRIL M. GLEASON, individually and asPersonal Representative of the Estate ofZoey Wahl, and for the benefit ofAPRIL M.GLEASON, surviving mother of thedeceased, MARK G. WAHL, survivingfather of the deceased, and JOSEPHGLEASON, surviving stepfather of thedeceased.
Plaintiff,V.
VAN'S AIRCRAFT, INC., an Oregoncorporation; FLOSCAN INSTRUMENTCOMPANY, INC., a Washingtoncorporation.
Defendants.
Plaintiff alleges:
Case No.
COMPLAINT
(Wrongful Death and Personal Injury:Strict Products Liability and Negligence)
JURY TRIAL DEMANDED
Not Subject to Mandatory Arbitration
Prayer: $35,000,000.00ORS 21.160(l)(e)Filing Fee: $1,056.00
PARTIES AND JURISDICTION
1.
Plaintiff April M. Gleason is a resident of the State of Washington, and is the duly
appointed, qualified, and acting PersonalRepresentative of the Estate of Zoey Wahl.
2.
Zoey Wahl was a minor child at the time of her death and a resident of the State of
Washington. Zoey Wahl is survived by her mother. Plaintiff April M. Gleason, her father,
Mark G. Wahl, and her stepfather, Joseph Gleason.
3.
Defendant Van's Aircraft, Inc. ("Van's") is an Oregon corporation with its principal
place of business in Marion County, Oregon.
Page 1- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAltontQ's at Lao/
1300 S.W. Rfth Avenue, Suite 3500Portland, Oregon 97201
503.224.4100503.224.4133(&csimile)
4040345.DOC
10/14/2015 10:05:46 AM15CV27984
15CV27984
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
4.
Defendant FloScan Instrument Company, Inc. ("FloScan") is a Washington corporation
with its principal place of business in Washington.
5.
FloScan is subject to this Court's jurisdiction in that plaintiffs claims arise from
FloScan's activities in Oregon because FloScan sold the defective fuel flow transducer on the
subject aircraft, as alleged below, into Oregon and/or through an Oregon distributor, and the
airplane crash that caused the death of Zoey Wahl and personal injuries to April M. Gleason that
are the subject of this Complaint occurred in Oregon. Additionally, FloScan purposefully
availed itself of the benefits and protections of doing business in Oregon by selling the subject
fuel flow transducer into Oregon and by conducting regular and sustained business activities in
Oregon, including but not limited to, regular and sustained product sales to Van's in Oregon,
regular and sustained sales and advertising activities through FloScan authorizedoutlets, dealers,
and installers in Oregon, and by regular and sustained sales and advertising throughout the State
of Oregon. Additionally, FloScan's affiliations with Oregon are so continuousand systematic as
to render FloScan essentially at home in Oregon.
6.
Venue is proper in Marion County pursuant to ORS 14.080, as defendant Van's
maintains its principal place of business in Marion County.
GENERAL ALLEGATIONS
Van's Exploits Regulatory Loophole to Mass-Produce "Kit" AirplaneswhileAvoiding Critical Design, Safety, and Airworthiness Requirements.
7.
In the interest of aviation safety, and the protection of the public from hazards in the air,
the Federal Aviation Administration (FAA) has promulgated regulations intended to set
minimum standards for the safe design of aircraft.
Page 2- COMPLAINT
LANDVE BENNETT BLUMSTEIN LU«Attantft a Usf
1300 S.W. Fifth Avenue. Suite 3500Portland, Oregon 97201
503.224.4100503.224.4133(facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
8.
The FAA requires manufacturers of airplanes that are sold in the United States to
demonstrate the airworthiness (or safety) of the aircraft they manufacture in a process called
"certification."
9.
In the certification process, the manufacturers conduct flight tests, structural integrity
tests, and dynamic tests, and submit extensive engineering analysis to the FAA to demonstrate
that the aircraft meets minimum safety requirements.
10.
Manufacturers such as Cessna, Piper, and Cirrus must go through this certification
process, which is a major monetary expenditure and investment, before they can begin mass-
producing an aircraft model/design.
11.
In orderto preserve and leave room for individual innovation as the roots of aircraft flight
in the United States, the FAA has created what was intended to be a limited exception to from its
certification requirements for an aircraft category called "experimental." These experimental
category aircraft are commonly referred to as "homebuilt" aircraft. Such homebuilt aircraft may
be legally flown without demonstrating the aircraft meets the FAA's minimum safety standards
for certified aircraft, as long as the untested homebuilt aircraft are flown in areas that are not
densely populated.
12.
The FAA promulgated a regulation requiring the individual aircraft homebuilder to have
actually built 51% of the aircraft. The FAA's intention in doing so was to prevent aircraft
manufacturers from attempting to avoid the expense and investment of aircraft certification, by
mass-producing aircraft under the "experimental" or "homebuilt" category.
mill
Page 3 - COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAttonffiet Lay
1300 SAV. Fifth Avenue, Suite 3500Portland, Oregon 97201
503.224.4100
503.224.4133(facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
13.
The FAA's regulations failed to work in this regard, as the FAA underestimated the
creativity manufacturers would employ to exploit this regulation as a loophole. New aircraft
manufacturers cropped up exploiting the technicalities of the FAA's 51% regulation and
essentially mass-produced dangerous and untested "experiments," avoiding the FAA's
certificationprocess and never demonstrating their aircraft meet minimum safety requirements.
14.
These manufacturers were able to do so by selling their aircraft as a "kit," where the
purchaser becomes the so-called "builder." The "builder" follows the manufacturer's detailed
specifications and instructions, and with extensive supervision and consultation with the
manufacturer, assembles the airplane product that the "builder" did not actually design or make
most of the the parts for. In this manner, the "builder," by assembling the aircraft, qualifies for
the FAA's "experimental" category, and is granted permission to fly the aircraft without the kit
manufacturer or the builder completing the extensive testing and engineering analysis required to
demonstrate the aircraft's compliance with the FAA's minimum safety standards for certified
aircraft. Through this process, the manufacturer is able to mass produce and sell aircraft while
avoiding certification.
15.
As a result of the exploitation of the loopholes in the FAA's regulations as to
"homebuilt" aircraft by kit aircraft manufacturers, the homebuilt aircraft market has grown
substantially, such that roughly 10 percent of general aviation aircraft flown today are
"homebuilt," and that homebuilt aircraft account for a disproportionate number of general
aviation aircraft accidents.
16.
Defendant Van's is the largest such kit manufacturer. Van's mass-produces aircraft of
untested, unproven, and unsafe designs. Van's derives substantially increased profits and market
Page 4- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAttarngi at Lam
1300 SAV. Fifth Avenue, Suile 3500Portland, Oregon 97201
503.224.4IOO503.224.4133(racsimilc)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
share by being able to mass-produce aircraft without having to go through the FAA certification
process and to demonstrate thesafety of its aircraft. This gives Van's a competitive edge against
its competitors that go through the certification process, suchas Cessna, Piper, and Cirrus.
17.
Additionally, to capture the market of consumers that do not have aircraft design,
manufacturing, or mechanical backgrounds. Van's recklessly sells its aircraft kits to ordinary
consumers by ensuring them that even though those consumers are deemed the "builder" of the
aircraft, they do not need any experience or special knowledge to safely assemble the aircraft,
but can safely assemble the aircraft by following Van's detailed assembly plans and utilizing
Van's support.
18.
Contrary to its claims, not only are Van's aircraft designs untested and unsafe, but its
assembly instructions are also inadequate and unsafe.
19.
As a result of Van's avoiding the certification process and misleading unqualified
customers into believing they can safely assemble Van's aircraft, numerous aircraft designed,
manufactured, and sold by Van's, including the subject aircraft as equipped with its ftiel flow
transducer, are dangerous, unairworthy, and do not meet minimum safety standards, or the
general public's expectations of safety for aircraft. However, the general public, including
plaintiff April M. Gleason and decedent, Zoey Wahl, are unaware of the danger in these mass-
produced, but scantilyregulated aircraft.
20.
One of the aircraft Van's designed and mass produces is its RV-10 model. One of the
RV-10 kits Van's designed, manufactured, and sold in January 2006 was registered as N62DN
whenits assembly was complete ("the subject aircraft"). Van's guided and controlled the subject
aircraft's assembly.
Page 5- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPyiUentnittl Ucy
1300 SAV. Fifth Avenue, Suite 3500Portland, Oregon 97201
503.224.4t00
503.224.4133(facsintile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
The Dangerous and Defective Fuel-flow Transducer Installed in N62DN
21.
As part of its RV-10 kit, Van's offers the optional purchase of a fuel flow transducer,
intended to allow the aircraft owner to monitor the aircraft engine's fuel consumption. The fuel
flow transducer is designed and manufactured by defendant FloScan, and is sold to the consumer
through Van's.
22.
The owner of N62DN purchased the FloScan fuel flow transducer, part number 201-A6
("the subject transducer") through Vans and installed it in N62DN in 2014. Because a fuel flow
transducer is connected to the fuel line that feeds the engine, and constricts the fuel flow, it is
critical for safety that a fuel flow transducer on an aircraft be designed with a bypass system that
allows fuel to continue to feed the engine fuel in the event of a blockage where the fuel is
constricted due to the transducer. The FAA has deemed this an important design requirement in
the interestof safety,promulgating FederalAviationRegulation23.1137(c)requiring it.
23.
The subject transducer, designed by FloScan, and selected for and incorporated in the
design of the subject aircraft by Van's, was connected to the aircraft's fuel lines using AN
fittings. By its design, the subject transducer's AN fittings requires use of a third party product
to act as a sealant. The sealant was not specified by FloScan or Van's and was not sold with the
transducer. As a resuh of the gross lack of specifications as to the sealant, the subject transducer
by its design, allowed the use of a wide variety of unsuitable third-party products that could
potentially be used by installer's as the sealant. FloScan and Van's could have easily avoided
this danger by manufacturing and selling the fuel transducer with fittings that were equipped
with an appropriate sealing mechanism, such as an o-ring.
mill
mill
Page 6- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAtUmnt a Laai
1300 SAV. Fifth Avenue, Suite 3500Porthnd, Oregon 97201
503.224.4100503.224.4133 (facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
24.
The subject transducer was also dangerously defective in that it did not contain a bypass
to prevent blockage downstream of the fitting, including blockage caused by the sealant,
resulting in complete loss of fuel flow to the engine.
25.
FloScan admits fuel blockage at the transducer "can have disastrous consequences," but
falsely claims that its transducers have an adequate bypass that makes them "immune to fuel
blockage."
26.
In 2014, shortly before the accident flight, the owner of the subject aircraft installed the
subject transducer.
The Crash
27.
OnMay 31, 2014, the owner of the subject aircraft, was piloting the aircraft with plaintiff
April M. Gleason, and herfour year old daughter, Zoey Wahl, onboard the aircraft.
28.
Shortly after take-off from Newport Municipal Airport in Newport, Oregon, the aircraft
lost power as a result of a blockage in the subject transducer downstream from the AN fitting
resulting in complete loss of fuel flow to the engine. The pilot/owner attempted to make an
emergency landing at Toledo State Airport in Toledo, Oregon, but the aircraft crashed short of
the airport.
29.
The pilot/owner died in the crash. Zoey Wahl sustained severe injuries and did not
survive. April was severely injured in the crashandwas the onlysurvivor.
HUH
//////
Page 7- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAUamtytat Law
>300 SAV. Fifth Avenue, Suite 3500Portliind, Oregon 97201
S03.224.4I00503.224.4133 (facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
FIRST CLAIM FOR RELIEF(Strict Products Liability Against All Defendants)
30.
Plaintiff reallegesand incorporates herein by referenceparagraphs 1-29 above.
31.
A substantial factor in causing the crash and the resulting fatal injuries to Zoey Wahl and
injuries to April M. Gleason was thatthe subject transducer, as designed, manufactured, andsold
by defendants, was in a defective condition and unreasonably dangerous to the user or consumer
in one or more of the following particulars:
a. The subject transducer utilized an AN fitting that required use of a sealant that
was not specified and was not sold with the transducer;
b. The subject transducer required use of unspecified third-party products, and
defendants failed to provide appropriate instructions and specifications for sealing
at the AN fitting;
c. The subject transducer did not utilize a fitting that incorporated its own seal;
d. The subject transducer failed to incorporate an adequate by-pass to prevent a
blockagefrom causing loss of fuel flow to the engine and loss of enginepower;
e. The subject transducer was, by its design, proneto suffering from a blockage that
would result in loss of fuel flow to the engine and loss of engine power;
f. The subject transducer did not meet the FAA's minimum safety standard set forth
in Federal Aviation Regulation in 23.1137(c);
g. The defendants provided inadequate instructions for installation of the subject
transducer; and
h. The defendants provided inadequate instructions and warnings, which rendered
the subject transducer dangerously defective.
mill
Page 8- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAltomeyiat Law
1300 SAV. Fifth Avenue. Suite 3500Portland, Oregon 97201
503.224.4100503.224.4133(facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
32.
As a result of these dangerous defects and Zoey Wahl's resulting injuries and death, Zoey
Wahl experienced pain and suffering, mental anguish, and suffered pecuniary losses, including
loss of lifetime accumulations; her surviving mother, father, and step-father have suffered loss of
society, companionship, and services, and plaintiff incurred burial and memorial services
expenses, and plaintiff seeks recovery of all damages available under the applicable law, all in
the fair and reasonable amount of $10,000,000.
33.
As a further result of these dangerous defects, April M. Gleason suffered severe injuries,
including a fracture of her TIO vertebra, a burst T12 vertebra with retropulsion, multiple
fractures of her coccyx, rib fractures, sternal fracture, sacral fracture, pneumothorax, puncture
wounds to her legs, facial and neck abrasions and bruising, neck edema, head contusions, joint
pain,jaw pain, misalignment, chipped maxillary incisor, nausea, lacerations and scarring, severe
and ongoing pain and suffering, mental and emotional distress, ongoing disability, and loss of
enjoyment of life, andplaintiffseeks recovery of all damages available under the applicable law,
all in the fair and reasonable amount of $35,000,000.
34.
Plaintiff reserves the right to allege a claim for punitive damages against some or all
defendants.
SECOND CLAIM FOR RELIEF(Count 1 - Negligence Against Van's)
35.
Plaintiff realleges and incorporates herein by reference paragraphs 1-34 above.
mill
mill
mm
Page 9- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAttontgs at Lav
1300 SAV. Fifth Avenue, Suite 3500PortL-md, Orcgpn 97201
503.224.4100
503.224.4133 ((acsimilc)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
36.
A substantial factor in causing the crash and the resulting fatal injuries to Zoey Wahl and
injuries to April M. Gleason was the negligence of Van's in one or more of the following
particulars:
a. Negligently and recklessly mass producing aircraft, including the subject aircraft
with the subject transducer, while avoiding the certification process intended to
ensure that aircraft meet minimum safety standards;
b. Negligently and recklessly mass producing aircraft, including the subject aircraft
with the subject transducer, that do not meet established and recognized minimum
safety standards;
c. Intentionally and recklessly exploiting regulatory loopholes in order to be able to
mass-produce aircraft while saving the cost and expense of aircraft certification,
despite the fact that Van's knows or should know that the safety of the aircraft it
designs, manufactures, and sells, including the subject aircraft with the subject
transducer, are dangerous as a result and likelyto cause severe injuryor death;
d. Intentionally and recklessly avoiding the United States' regulatory safety regime
and minimum safety standards for the manufacture of aircraft in order to increase
profits, despite the fact that Van's knew or should know, that the aircraft it
designs, manufactures, and sells, including the subject aircraft with the subject
transducer, are dangerous as a result and severe injury or death is likely to occur;
e. Negligently and recklessly misleading its customers who do not have sufficient
mechanical backgrounds or training to believe they can safely assemble Van's
aircraft by following Van's specifications, when Van's knows or should know
that it is not safe and severe injury or death is likely to occur;
mill
mill
Page 10- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAttanuft at Laa>
1300 S.W. Fiflh Avenue, Suite 3500Portland, Oregon 97201
503.224.4100503.224.4133 (facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
f. Negligently incorporating the subject transducer in the design of the subject
transducer without providing sufficient instructions and specifications for its safe
installation;
g. Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer with an AN fitting that required use of a sealant that the
supplier of the subject transducer failed to specify or provide with the subject
transducer, and that Van's negligently failed to specify or provide with the subject
transducer;
h. Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer in a condition where installation required that an unspecified
third-party product be incorporated with the transducer installation, and without
specifying the appropriate third-party product to use or the manner in which to
use it;
i. Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer in a condition such that it incorporated a wide range of
unspecified, unknown, inadequate, and potentially dangerous third-party products
in the subjectaircraft with the subjecttransducer's as-installed design;
j. Negligently failing to provide appropriate instructions and specifications for
sealing at the AN fitting;
k. Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer witha fitting that did not incorporate its ownseal;
1. Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer without an adequate by-pass to prevent a blockage from
causing loss of fuel flow to the engine and loss of engine power;
mm
mm
Page 11- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAlSmgif Las'
1300 S.\V. Fifth Avenue. Suite 3SOOPortland, Orc^n 97201
503.224.4100503.224.4133 (bcsimilc)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
m.
n.
o.
Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer that was prone to suffering from a blockage that would result in
loss of fuel flow to the engine and loss of engine power;
Negligently incorporating in the design of the subject aircraft, and selling the
subject transducer in a condition such that it did not meet the FAA's minimum
safety standard set forth in Federal Aviation Regulation in 23.1137(c);
Negligently failing to provide adequate instructions for installation of the subject
transducer in the subject aircraft; and
p. Negligently failing to provide adequate warnings regarding use of sealants in the
installation of the subject transducer in the subject aircraft.
37.
As a result of Van's negligence and Zoey Wahl's resulting injuries and death, Zoey Wahl
experienced painand suffering, mental suffering, and suffered pecuniary losses, including loss of
lifetime accumulations, Zoey Wahl's surviving mother, father, and step-father have suffered loss
of society, companionship, and services, and plaintiff incurred burial and memorial services
expenses, and plaintiff seeks recovery of all damages available under the applicable law, all in
the fair and reasonable amount of $10,000,000.
38.
As a further result of Van's negligence, April M. Gleason suffered severe injuries,
including a fracture of her TIO vertebra, a burst T12 vertebra with retropulsion, multiple
fractures of her coccyx, rib fractures, sternal fracture, sacral fracture, pneumothorax, puncture
wounds to her legs, facial and neck abrasions and bruising, neck edema, head contusions, joint
pain, jaw pain, misalignment, chipped maxillary incisor, nausea, lacerations and scarring, severe
and ongoing pain and suffering, mental and emotional distress, and ongoing disability, and loss
of enjoyment of life, and plaintiff seeks recovery of all damages available under the applicable
law, all in the fair and reasonable amount of $35,000,000.
Page 12- COMPLAINT4040345.DOC
LANDYE BENNETT BLUMSTEIN LLPAttonm at Law
130US.\V. Fifth Avenue, Suite 3300PortJand.Oregon 97201
503.224.4100503.224.4133 (facsimile)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
39.
Plaintiff reserves the right to allege a claim for punitive damages against some or all
defendants.
(Count 2 - Negligence Against FloScan)
40.
Plaintiff realleges and incorporatesherein by reference paragraphs 1-39 above.
41.
A substantial factor in causing the crash and the resuhing fatal injuries to Zoey Wahl and
injuries to April M. Gleason was the negligence of FloScan in one or more of the following
particulars:
a. Negligently designing, manufacturing, and selling the subject transducer with an
AN fitting that required use of a sealant that FloScan negligently failed to specify
or provide with the transducer;
b. Negligently designing, manufacturing, and selling the transducer in a condition
where installation required that an unspecified third-party product be incorporated
with the transducer installation, and without specifying the appropriate third-party
product to use or the manner in which to use it;
c. Negligently incorporating a wide range of unspecified, unknown, inadequate, and
potentially dangerous third-party products in the subject transducer's as-installed
design;
d. Negligently failing to provide appropriate instructions and specifications for
sealing at the AN fitting;
e. Negligently designing, manufacturing, and selling the subject transducer with a
fitting that did not incorporate its own seal;
mm
mm
Page 13- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAaemm at Lew
1300 SAV.Fifth Avenue, Suite 3500PonUnd, Oregon 97201
503.224.4100503.224.4133(facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
f. Negligently designing, manufacturing, and selling the subject transducer without
an adequate by-pass to prevent a blockage from causing loss of fiiel flow to the
engine and loss of engine power;
g. Negligently designing, manufacturing, and selling the subject transducer in a
condition such that it was prone to suffering from a blockage that would result in
loss of fiiel flow to the engine and loss of engine power;
h. Negligently designing, manufacturing, and selling the subject transducer for use
in aircraft in a condition such that it did not meet the FAA's minimum safety
standard set forth in Federal Aviation Regulation in 23.1137(c);
i. Negligently failing to provide adequate instructions for installation of the subject
transducer;
j. Negligently failing to provide adequate warnings regarding use of sealants in the
installation of the subject transducer;
k. Negligently misrepresenting that the subject transducer had an adequate bypass
and that it was immune to fuel blockage, and negligently failing to warn that the
subject transducer was prone to fuel blockage and did not have an adequate
bypass;
1. Negligently selling the fuel subject transducer through Van's aircraft, which
FloScan knew or should have known, was negligently allowing its customers
without mechanical backgrounds to install fuel flow transducer with inadequate
instructions, while misleading the customers into believing that it was safe for
them to install fuel flow transducers without adequate training or sufficient
mechanical background by following Van's specifications;
m. Negligently deferring to Van's aircraft for installation specifications on the
subject aircraft whenFloScan knewor should haveknown that Van's aircraft was
negligently allowing its customers without mechanical backgrounds to install fuel
Page 14- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAttcrsfft at Uaf
1300 S.W. Fifth Avenue. Suite 3500Portland, Oregon 97201
503.224.4100503.224.4133(facsimile)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
flow transducer with inadequate instructions, while misleading the customers into
believing that it was safe for them to install fuel flow transducers without
adequate training or sufficient mechanical background by following Van's
specifications; and
n. Negligently allowing its fuel flow transducers, including the subject transducers,
to be utilized in mass-produced aircraft where the safety and adequacy of the
installation and installation specifications would not be subject to rigorous FAA
certification criteria, and where the installation would be regularly performed by
consumers lacking sufficient mechanical background and training, who were
negligently lead to believe by Van's aircraft that they could safely perform the
installation.
42.
As a result of FloScan's negligence and Zoey Wahl's resulting injuries and death, Zoey
Wahl experienced pain and suffering, mental anguish, and suffered pecuniary losses, including
loss of lifetime accumulations, Zoey Wahl's surviving mother, father, and step-father have
suffered loss of society, companionship, and services, and plaintiff incurred burial and memorial
services expenses, and plaintiff seeks recoveryof all damages availableunder the applicablelaw,
all in the fair and reasonable amount of$10,000,000.
43.
As a further result of Van's negligence, April M. Gleason suffered severe injuries,
including a fracture of her TIO vertebra, a burst T12 vertebra with retropulsion, multiple
fractures of her coccyx, rib fractures, sternal fracture, sacral fracture, pneumothorax, puncture
wounds to her legs, facial and neck abrasions and bruising, neck edema, head contusions, joint
pain, jaw pain, misalignment, chipped maxillary incisor, nausea, lacerations and scarring, severe
and ongoing pain and suffering, mental and emotional distress, and ongoing disability, and loss
mill
Page 15- COMPLAINT
LANDYE BENNETT BLUMSTEIN LLPAtUanifi a! Lav
1300 S.\V. Fifth Avenue, Suite 3500Portland, Oregon 97201
503.224.4100
503.224.4133(fiicsimilc)
4040345.DOC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
of enjoyment of life, and plaintiff seeks recovery of all damages available under the applicable
law, all in the fair and reasonable amount of $35,000,000.
44.
Plaintiff reserves the right to allege a claim for punitive damages against some or all
defendants.
WHEREFORE, plaintiff prays for judgment against defendants as follows:
a) On her first claim for relief for strict liability against all defendants, for damages in
the amount of $35,000,000 together with costs and disbursements;
b) On her second claim for relief for negligence against defendant Van's Aircraft, Inc.,
for damages in the amount of $35,000,000 together with costs and disbursements;
c) On her third claim for relief for negligence against defendant FloScan Instrument
Company, Inc., for damages in the amount of $35,000,000 together with costs and
disbursements;
d) For plaintiffs costs and disbursements incurred herein; and
e) For such other and further relief as the court deems just and equitable.
DATED this 14th day of October 2015.
LANDYE BENNETT BLUMSTEIN LLP
-t: k.Matthew K. Clarke, OSB # 022758OfAttorneysfor Plaintiffs
JURY DEMAND
Plaintiff demands trial by jury of twelve on all of the above counts.
Page 16- COMPLAINT
LANDYE BENNETT BLUMSTEIN IXPAUom^sa Law
IJOOSAV. Fifth Avenue, Suite 3SOOPonlind. Ofegon 97201
50J.22-1-4100
50J.224.4IiJ (tacsimilc)
4040345