Date: 12-17-2011

Case Style: Dr. Robert Marsico, Jr. and Healther Moran v. Winner Aviation

Case Number:

Judge:

Court: Court of Common Pleas, Philadelphia County, Pennsylvania

Plaintiff's Attorney: Jamie R. Lebovitz, Nurenberg, Paris, Heller & McCarthy Co., L.P.A., Cleveland, Ohio and Arthur Allen Wolk, Philadelphia, Pennsylvania

Defendant's Attorney:

Description: Dr. Robert Marsico, Jr., age 47, and Healther Moran, age 39, sued Winner Aviation on negligence theories claiming to have been seriously injured in a plane crash outside Atlanta, Georgia, in 2007. Plaintiffs claimed that Winner Aviation failed to property maintain the aircraft that was being flown by Moran at the time of the crash. Moran was flying the twin-engine Cessna Skymaster airplane, which was owned by Marsico. Shortly after taking off Aug. 8 from DeKalb-Peachtree Airport in Atlanta, it developed engine problems and crashed in a non-populated area near a water treatment facility.

the crash knocked Moran unconscious, but she was revived by Marsico, whose legs were crushed. As Moran was helping Marsico get out of the plane, a wing exploded - engulfing both in fire. Lebovitz said Marsico suffered lung and respiratory system injuries from breathing in flames and fuel and third-degree burns.

Moran suffered third-degree burns to 40 percent of her body. As a result, she can no longer fly because she has been unable to pass the FAA's medical examination.

Marsico's plane was maintained for several years by Winner Aviation, which serviced it at the Youngstown-Warren Airport. Plaintiffs claimed that the Skymaster was plagued with recurrent problems with its rear engine, which doesn't get cooled because very little air blows over it. He said maintenance of that engine requires vigilance and regular repairs.

On the day of the takeoff, the rear engine lost power. While the plane is designed to run on one engine, the front engine failed to deliver the power for Moran to keep it airborne, and an emergency landing was necessary.

Plaintiffs claimed that Winner Aviation did not repair the rear engine and that front engine was due for an overhaul that was not performed.

Outcome:

Plaintiff's Experts:

Defendant's Experts:

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