MT. PLEASANT, S.C., (May 9, 2006) - One of the largest aviation litigation firms in the U.S., Motley Rice LLC, today announced that they have filed a suit against several defendants on behalf of Gary Cancelliere, the guardian of 15 year-old Justin Cancelliere, son of Robin Kraut and brother to Avery (8), Jessica (6) and April Kraut (2) - victims in the fatal February 2006 crash of a Beech King Air 200, which took place in North Myrtle Beach, S.C.
According to the complaint, poor maintenance together with engine malfunction led to the crash that killed Justin Cancelliere's mother and sisters in early February 2006. Defendants in the case include the estate of pilot Jon Kraut, engine manufacturer Pratt & Whitney, Weekend Air Charters and Air Wilmington.
On February 3, 2006, the aircraft departed Trenton, New Jersey, for Myrtle Beach, S.C. Aboard the flight was Justin Cancelliere's family, including his mother and three sisters, as well as a babysitter, who were on their way to a weekend getaway in South Carolina. Justin opted to stay behind in New Jersey to enjoy the Superbowl with his father, plaintiff Gary Cancelliere. As the plane made its final approach into North Myrtle Beach Airport, pilot Jon Kraut aborted his approach and alerted air traffic control of problems with the acceleration of the left engine. Upon re-approach, the aircraft nose dived into the ground and burst into flames, killing all six aboard.
A post-crash investigation by the National Transportation Safety Board (NTSB) revealed that the right engine had separated from the wing and the wing had separated from the airframe. The left engine remained partially attached. Both propellers had separated from their engines and had embedded into the ground. Witnesses on the ground reported that the left engine did not to appear to be decelerating properly.
According to the complaint, defendant Pratt & Whitney had an obligation to its customers to inform them of any defective conditions in its engines that it knew, or had reason to know, existed, including unanticipated engine acceleration. Pratt & Whitney allegedly breached these duties by failing to warn consumers that a defect existed in the subject engine. In addition, as the owner and operator of the aircraft, Weekend Air Charters, along with the primary maintenance shop, Air Wilmington, owed their customers the highest degree of care in properly maintaining and servicing the aircraft. It is alleged that both companies breached this duty by not practicing the highest level of care in maintaining and servicing the aircraft to sustain full airworthy condition.
"With the increase in use of personal aircraft, planes need to be made safer for families and the flying public in general. Motley Rice is in the business of making air travel safer and doesn't stop at commercial aviation." stated Motley Rice attorney J.B. Harris.
Motley Rice attorney Marlon Kimpson agreed, stating, "As traffic increases with more private flights, we want to make sure that these planes are maintained and operated with the highest degree of care to prevent tragic accidents like this from occurring. This lawsuit serves notice to the aviation community that we will be watching, especially if you fly through South Carolina."
This case was filed in Court of Common Pleas for the 15th Judicial circuit in the State of South Carolina, County of Horry.
