A year-and-a-half after a private passenger jet made an emergency crash landing on I-75 in Naples, killing the pilot and co-pilot, claims of dangerous and defective equipment on the craft have sparked a lawsuit.
Hop-A-Jet, owners of the 2004 Bombardier CL-600 jet, filed a multi-count lawsuit in U.S. District Court in Fort Lauderdale on Sept. 16.
Multiple defendants include General Electric Company, GE Aerospace, Bombardier, and Learjet.
The suit alleges that corrosion found in the craft’s engines was not reported to Hop-A-Jet prior to purchase. The suit claims the engines were unfit for use and were in an unreasonably dangerous and defective condition.
The suit seeks class action status, damages for loss of the aircraft, loss of revenue, cost of the crash cleanup, attorney fees, and more. The suit said an amount for actual damages would be proven at trial.
Hop-A-Jet is seeking a trial by jury.
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Also alleged in the lawsuit are claims that GE had actual knowledge, at the latest in 2019, that the family of CF-34 engines are susceptible to corrosion of specific components of the VGV system.
The suit claims that instead of informing class members of the risks and enhanced maintenance and inspection procedures that could mitigate risks of engine failure, GE instead covered up the issue and even revised its OnPoint service contracts to exclude full corrosion coverage.
Among the suit's 15 counts are allegations including:
Under the conditions existing at the time of the sale, and/or delivery, the engines on the aircraft were unfit for their intended use and were in an unreasonably dangerous and defective condition; further, the instructions, warnings, and other information pertaining to the maintenance and operation of the aircraft’s engines, were inadequate and unreasonably dangerous. GE failed to give plaintiffs and others adequate warning of the nature and extent of these dangers.
Special to WGCUA lawsuit filed in the February 2024 fatal crash of a private passenger jet on I-75 in Naples described the engines on the craft as the same type as those used the military's A-10 Thunderbolt aircraft known as the Warthog. - The engines on the aircraft were in a defective and unreasonably dangerous condition in the following non-exhaustive ways: a. Operation of the engines could lead to the failure of one or more engines, loss of engine thrust control, and/or reduced control of the aircraft; b. The service, maintenance, and/or operating manuals, aircraft flight manuals and documents pertaining to the engines on the aircraft failed to outline or prescribe sufficient maintenance tasks to prevent in-flight failure of the engines on the aircraft; and c. The engines on the subject aircraft did not have sufficient preventative measures to prevent the failure of one or more engines in the event of a defect and/or dangerous condition within the engine. The engines on the aircraft were defective and unreasonably dangerous when they left the possession of GE, and were expected to, and did, reach consumers, including plaintiffs, without substantial change in condition.
- Under the conditions existing at the time of the sale, and/or delivery, the engines on the aircraft were unfit for their intended use and were in an unreasonably dangerous and defective condition; further, the instructions, warnings, and other information pertaining to the maintenance and operation of the aircraft’s engines, were inadequate and unreasonably dangerous. Bombardier failed to give plaintiffs and others adequate warning of the nature and extent of these dangers.
- The aircraft was in a defective and unreasonably dangerous condition in the following non-exhaustive ways: a. Operation of the engines could lead to the failure of one or more engines, loss of engine thrust control, and/or reduced control of the aircraft; b. The service, maintenance, and operating manuals for the engines on the aircraft failed to outline or prescribe sufficient maintenance tasks to prevent in-flight failure of the engines on the aircraft; c. The engines on the aircraft did not have sufficient borescope ports for maintenance personnel to inspect the condition of the engine, preventing maintenance personnel from detecting the presence of defects and/or dangerous conditions in a timely manner; d. The engines on the aircraft were improperly certified as safe for flight without proper testing, both before and after they were placed into the stream of commerce; e. The engines on the aircraft failed to incorporate available technology and/or art that would have prevented in-flight engine failures; and f. The engines on the aircraft did not have sufficient preventative measures to prevent the failure of one or more engines in the event of a defect and/or dangerous condition within the engine.
No further court activity has been scheduled as of Tuesday, Sept. 30.
In the Feb 9, 2024, incident, the jet crashed around 3:15 p.m. with five people on board. The plane crashed on the freeway shortly before landing in Naples.
The National Transportation Safety Board preliminary report on the crash said the jet was returning to Naples Airport from Ohio State University Airport in Columbus, Ohio, where it had flown earlier in the day.
The craft took on 350 gallons of fuel before it left Ohio, the NTSB report said.
A preliminary NTSB review of the data recovered from the destroyed jet's flight data recorder showed that there were three master warnings issued about engine oil pressure problems.
"The system alerted the pilots with illumination of a 'Master Warning' light on the glareshield, a corresponding red message on the crew alerting system page and a triple chime voice advisory," the NTSB report said.
A final report of the crash has not yet been released.
The two victims of the crash were identified as pilot Edward Daniel Murphy, 50, of Oakland Park, Florida, and co-pilot Ian Frederick Hofmann, 65, of Pompano Beach, Florida.
Surviving the crash was crew member Sydney Ann Bosmans, 23, of Jupiter, Florida; and passengers Aaron Baker, 35, and Audra Green, 23, both of Columbus, Ohio.
According to the FAA Airmen Inquiry website, Murphy was certified as an airline transport pilot and was licensed in 2018. Hofmann was also certified as an airline transport pilot, licensed in 2023, and also as a flight engineer and flight instructor.
The Florida Highway Patrol on Saturday said the driver of a pickup that was struck when the jet attempted the emergency landing Friday afternoon suffered only minor injuries.
The driver and two passengers in a second vehicle involved were not hurt, the FHP said.
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