Date: 01-06-2000

Case Style: Edward C. Greer v. Blair Keth Peshak, individually and d/b/a Easterwood Avionics

Case Number: 13-97-523-CV

Judge: Unknown

Court: 150th District Court of Bexar County, Texas.

Plaintiff's Attorney: Unknown

Defendant's Attorney: Unknown

Description: Defamation - Malicious Prosecution - Trespass to Aircraft - This controversy arose from an inspection of Blair Peshak's airplane by Edward Greer and two other inspectors with the Federal Aviation Administration. Peshak later wrote at least two letters complaining that Greer had broken into his airplane. Greer sued Peshak and Peshak counterclaimed.

Peshak owns and operates his own airplane, a single-engine Cessna 150, which he maintained at the Georgetown Airport, Williamson County, Texas. In 1994, he applied for a Category II certification for his aircraft that would permit him to operate it at lower altitudes in limited visibility than that allowed pilots and planes certified in other categories. Part of the certification process requires the airplane's inspection by a Federal Aviation Administration (FAA) team. In April 1994, the FAA dispatched a three-man team to perform the certification inspection. The team consisted of Greer, Jerry Virden, and David Wagner. Each specialized in a different part of the inspection. Greer had inspected Peshak's Cessna four years earlier and had noted a number of radical modifications to the flight controls, which caused him to question its airworthiness.

Peshak understood from conversations with FAA representative Charlie Taylor, that an FAA representative would meet him at his home to help him fill out the paperwork. He believed that the physical inspection of his aircraft would take place after the paperwork had been completed and submitted. On April 12, 1994, Wagner, a member of the inspection team, left messages on Peshak's answering machine saying that he would meet Peshak "in Georgetown" the next day at approximately 10:30 a.m. Peshak understood this to mean that Wagner would come to his home to discuss the CAT II application. In fact, Greer, Virden, and Wagner went directly to the Georgetown airport intending to perform the physical inspection of the airplane. The inspectors were unable to locate Peshak when they arrived at the airfield.

After asking the airport manager if he was there, the inspectors walked to the Cessna bearing the identification number given them by Peshak. The inspectors walked around the plane for several minutes waiting for Peshak. Virden returned to the main building to arrange for a room in which to conduct Peshak's interview, should he arrive. Shortly after Virden left, Wagner decided to go inside, too, leaving Greer alone at the plane. As Wagner was walking to the building, Peshak arrived and drove directly to the plane. Peshak demanded Greer's identification and upon Wagner's return, his too. Peshak complained he had been waiting for the inspectors at his home. Wagner told him that inspections generally take place at the airport, that they needed to see the aircraft, and that if he had wanted to meet Peshak at home, he would have asked him for directions. Virden rejoined the group during this conversation. Wagner suggested they retire inside to continue the discussion and begin the certification interview. Peshak agreed, telling the team he first needed to put something in the airplane. The inspectors returned to the building and waited. When Peshak failed to appear after awhile, they went outside and found that he had left the airport. They discovered Peshak had installed shades over the plane's windows to block their view of the interior. They photographed the exterior of the plane, took statements from two airport employees, and contacted the FAA supervisor in San Antonio who instructed them to return to their office. The inspectors were at the airport for less than two hours.

The FAA attempted a subsequent inspection of Peshak's airplane several months later, but Peshak denied them access. On that basis, his CAT II application was denied. Peshak wrote to the FAA on May, 9, 1994, and made the following statement: I am looking for an answer as to why, on April 13, 1994, at approximately 10:30 AM was Edward C. Greer, an Aviation Safety Inspector with this FSDO, observed forcibly breaking into this aircraft, while locked and secured to its assigned and tieddown location at the Georgetown city airport . . . He sent a second letter to the Chief of Police of Georgetown in which he said he saw Ed Greer inside his aircraft and that the lock had been broken. He stated in the letter that a complete description of his complaints had been mailed to Greer's superior at the FAA, and if no action was taken, the FBI and the U.S. Justice Department would be involved. The FAA conducted an investigation of Peshak's complaints, but concluded they were groundless. Greer filed suit for defamation and malicious prosecution, although no issue on malicious prosecution was submitted. Peshak counterclaimed for damage to his aircraft.

Outcome: The jury returned a verdict in favor of Greer, and did not reach Peshak’s claim of damage to his property. The jury awarded Greer $15,000 for past mental anguish, $1,500 for future mental anguish, $40,000 for past injury to reputation, $15,000 for future injury to reputation, and $32,000 for loss of future earning capacity, for a total award of $103,500.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: Peshak appealed. The Court of Appeals of Texas, Thirteenth District, Corpus Christi, reversed and remanded the case for a new trial. The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.