richardson et al v. colgan air, inc. et al complaint

8/7/2019 Richardson et al v. Colgan Air, Inc. et al Complaint

1/23

UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK

LISA RICHARDSON and DYLAN RICHARDSON, intheir individual capacities, and LISA RICHARDSONas Parent and Natural Guardian of OLIVIARICHARDSON,

Plaintiffs,

v. Civil Action No.: _______

COLGAN AIR, INC.,BOMBARDIER, INC.,PINNACLE AIRLINES CORP., andCONTINENTAL AIRLINES, INC.,

JURY TRIALDEMANDED

Defendants.

COMPLAINT

Plaintiffs, Lisa and Dylan Richardson, in their individual capacities and Lisa

Richardson, as Parent and Natural Guardian of Olivia Richardson, (the Richardsons or the

Richardson Plaintiffs), by their attorneys, Hodgson Russ LLP, for their Complaint allege:

PARTIES

1.

Plaintiff Lisa Richardson is the mother of Dylan Richardson and Olivia

Richardson. Lisa and Olivia Richardson are citizens of the State of New York. Lisa Richardson

brings this action on behalf of herself, and on behalf of her daughter Olivia, who is currently 16

years of age.

2.

Plaintiff Dylan Richardson is a citizen of the State of New York. He

brings this action on behalf of himself.

Case 1:10-cv-00034-WMS Document 1 Filed 01/13/10 Page 1 of 23


2/23

- 2 -

3.

Defendant Colgan Air, Inc. (Colgan) is a corporation duly organized and

existing under the laws of Virginia, maintaining its principal place of business in Manassas,

Virginia. Colgan conducts business in New York State, engages in a persistent course of conduct

in New York State, derives substantial revenues from services rendered in New York State and

from interstate commerce, and expects or reasonably should expect its acts to have consequences

in New York State, while operating under the name Continental Connection.

4.

Defendant Bombardier, Inc. is a corporation organized under the laws of

Canada with its principal offices located in Montreal, Quebec, Canada. Bombardier is engaged

in the design and manufacture of civil regional aircraft, including the Dash 8-Q400. At all timesalleged herein, Bombardier, Inc., intentionally and purposely transacted and conducted business

in the State of New York, including this Judicial District.

5.

Defendant Pinnacle Airlines Corp., (Pinnacle) is a corporation duly

organized and existing under the laws of Delaware, maintaining its principal place of business in

Memphis, Tennessee. Pinnacle conducts business in New York State, engages in a persistent

course of conduct in New York State, derives substantial revenues from services rendered in

New York State and from interstate commerce, and expects or reasonably should expect its acts

to have consequences in New York State.

6.

Defendant Continental Airlines, Inc., (Continental) is a corporation duly

organized and existing under the laws of Delaware, maintaining its principal place of business in

Houston, Texas. Continental conducts business in New York State, engages in a persistent course

of conduct in New York State, derives substantial revenue from services rendered in New York

State and from interstate commerce and expects or reasonably should expect its acts to have

consequences in New York State.



3/23

- 3 -

SUBJECT MATTERJURISDICTION AND VENUE

7.

This Court has subject matter jurisdiction based on diversity of

citizenship, 28 U.S.C. 1332. The matter in controversy exceeds the sum of $75,000 exclusive

of interest and costs.

8.

This Court has supplemental jurisdiction over claims that form part of the

same case or controversy. 28 U.S.C. 1367.

9.

Venue is proper in this district because a substantial part of the events or

omissions giving rise to the claim occurred in this judicial district, and one or more of the

Defendants were subject to personal jurisdiction in this district at the time this action was

commenced. 28 U.S.C. 1391(a)(2, 3).

FACTS

10.

At all relevant times, plaintiff Lisa Richardson resided at 6065 Long

Street, Clarence Center, New York 14032 (the Richardson residence), which she rented from

Andrew and Jamie Hill (the Hills).

11.

At all relevant times, Lisa Richardsons children, Dylan and Olivia,

resided at the Richardson residence.

12.

On February 12, 2009, and for several years prior, there was upon the

Hills property a two-story, frame dwelling used by the Richardson Plaintiffs as a residence.

13.

On February 12, 2009, Continental Connection flight number 3407

departed from Newark, New Jersey, and was en route to Buffalo, New York (Flight 3407).

14.

On February 12, 2009, Flight 3407 crashed while approaching the Buffalo

Niagara International Airport, thereby resulting in the injury and death of all passengers aboard



4/23

- 4 -

Flight 3407, and substantial damage to the neighboring properties, including the Richardson

residence.

15.

Flight 3407 was marketed as Continental Flight 3407 under the

Continental Connection brand, and it was operated by Colgan, pursuant to a contractual

agreement with Continental.

16.

The aircraft utilized on Flight 3407 was a Bombardier Dash 8-Q400 twin-

engine turboprop airplane (the Aircraft), registered to Colgan under registration number

N200WQ.

17. Upon information and belief, Pinnacle purchased the Aircraft fromBombardier, Inc., and thereafter transferred it to Colgan in April 2008.

18.

Upon information and belief, Pinnacle and Colgan jointly owned,

maintained, scheduled, managed, supervised, and/or operated Flight 3407. Pinnacle and Colgan

had and continue to have a parent/subsidiary and/or principal/agent and/or alter ego relationship,

whereby Pinnacle is the parent, principal, or alter ego of Colgan. Colgan conducts business on

behalf of Pinnacle in the State of New York and throughout the United States. As a result of this

relationship, both Pinnacle and Colgan are liable to the Richardson Plaintiffs for their physical

and emotional injuries, as well as for the damage to their property resulting from the crash of

Flight 3407.

19.

Upon information and belief, on February 12, 2009, Marvin Renslow

(Renslow), was a resident of the State of Florida and was the Captain of Flight 3407.

20.

Upon information and belief, on February 12, 2009, Rebecca Shaw

(Shaw), was a resident of the state of Washington and was the First Officer of Flight 3407.



5/23

- 5 -

21.

Upon information and belief, at all times relevant hereto, Renslow and

Shaw (collectively referred to as the flight crew), were employees and/or agents of Defendants

Colgan, Pinnacle, and/or Continental, and were acting within the scope of their employment

and/or agency.

22.

On February 12, 2009, the flight crew lost control of Flight 3407 due to,

among other things, a combination of improper control of the Aircraft in icing conditions,

negligently improper response to the stick shaker, negligently inadequate speed control,

negligent failure to maintain a sterile cockpit, negligent actions and omissions of the pilots, and

defective design of the Aircrafts systems, all of which resulted in the Aircraft crashing andburning, causing the injury and death of all passengers aboard the Aircraft, and causing physical

and emotional injuries to the Richardsons, as well as damage to their property.

23.

In the period of time just prior to the crash, the Aircraft pitched up and

down, rolled left and right, dived and partially inverted, and otherwise sped loudly and violently

downward toward the Richardsons residence, crashing into a neighboring property located at

6038 Long Street, Clarence Center, New York 14032 (6038 Long Street), which resulted in

property damage, physical injuries, pain and suffering, mental anguish, emotional distress, and

other damages to the Richardson Plaintiffs.

24.

As a direct and proximate result of Defendants conduct, there was a

measurable and significant period of time before the crash when the Richardson Plaintiffs heard

and saw the incoming plane rocketing toward their home, causing pre-impact fright and terror,

and fear for their lives, as well as post-impact fright, terror, mental anguish, severe emotional

distress, and physical injuries, which are ongoing.



6/23

- 6 -

25.

Additionally, as a direct and proximate result of Defendants conduct,

there was a measurable and significant period of time before the crash when plaintiffs witnessed

the incoming plane rocketing toward their home, causing pre-impact fright and terror, and fear

for their lives, as well as post-impact fright, terror, mental anguish, severe emotional distress,

and physical injuries, which are ongoing

26.

Prior to and on February 12, 2009, Colgan, Pinnacle, and Continental,

were commercial-airline common carriers engaged in the business of carrying passengers for hire

in interstate commerce, in that each regularly operated scheduled passenger flights and

maintained, inspected, serviced, scheduled, leased, and/or purchased aircraft, including theAircraft involved in this accident.

27.

Prior to and on February 12, 2009, Colgan, Pinnacle, and Continental

owned, controlled, inspected, serviced, maintained, repaired, scheduled, trained pilots and flight

crew, monitored, loaded, and operated the Aircraft and its component parts and systems,

including, but not limited to, the Aircraft de-icing systems, flight-control systems, stabilizing

system, electrical system, and flight instrumentation system.

28.

Defendants wrote and/or approved the instructions and warnings for the

Aircraft and its component parts and systems, including, but not limited to, a flight manual,

maintenance manual, aircraft-operating manual, pilot-operating handbook, inspection

instructions, maintenance instructions, load instructions, service bulletins, and inspection

schedules.

29.

Defendant Bombardier, Inc. designed, manufactured, assembled,

inspected, tested, distributed, serviced, maintained, monitored, repaired, marketed, and/or

introduced the Aircraft into the stream of commerce, along with the Aircrafts component parts,



7/23

- 7 -

including, but not limited to, the Aircrafts de-icing system, flight control system, stabilizer

system, electrical system, and flight instrumentation system, along with instructions, warnings,

and flight operations and maintenance manuals for the Aircraft and component parts which it

approved, wrote, prepared, provided, monitored, and sold, to Defendants Colgan, Pinnacle, and

Continental. Thereafter, each of said Defendants monitored their Aircraft for maintenance,

mechanical reliability, and airworthiness, and undertook to, and did, service and maintain the

Aircraft to provide for its mechanical reliability and airworthiness.

30.

Defendants and their parents, subsidiaries, affiliates, associates, and

partners, at all relevant times, were the agent, servant, employee, assignee, successor-in-interest,or a joint venturer of each other, and were acting within the time, purpose, or scope of such

agency or employment, and all acts or omissions alleged here of each Defendant were

authorized, adopted, approved, or ratified by each of the other Defendants.

31.

At all relevant times, Defendants were fully informed of the actions of

their agents and/or employees, and thereafter, no officer, director, or managing agent of

Defendants repudiated those actions; such omission or failure to repudiate constituted

ratification, adoption, and approval of each of those actions.

32.

Defendants actions, as described in this complaint, were wanton, reckless,

intentional, and willful, and they demonstrated conscious indifference and utter disregard for

their effects upon the health and safety of others, including the Richardson Plaintiffs.

33.

As a direct and proximate result of Defendants conduct, the Richardson

Plaintiffs sustained damage to their property, including damage to their home and its contents, as

well as ongoing physical and severe emotional injuries. The Richardson Plaintiffs have suffered

and continue to suffer severe emotional injuries as a result of Defendants conduct.



8/23

- 8 -

34.

The Richardson Plaintiffs in no way contributed to or caused the crash of

Flight 3407 or their injuries or damages.

COUNT I

(Negligence: Colgan, Pinnacle, Continental)35.

The Richardson Plaintiffs repeat and reallege the allegations in paragraphs

1 through 34 as if fully set forth here.

36.

On February 12, 2009, Defendants Colgan, Pinnacle, and Continental, as

owners and operators of airlines, and in particular Flight 3407, owed a duty to the Richardson

Plaintiffs to exercise the highest standard of care and to provide safe transport of Flight 3407 in a

manner not causing damage to the Richardson Plaintiffs or their property.

37.

On and before February 12, 2009, notwithstanding these duties,

Defendants Colgan, Pinnacle, and Continental, by and through their employees and/or agents,

including but not limited to Renslow and Shaw, breached this duty of care in one or more of the

following respects:

a.

their pilots negligently failed to use standard, reasonably prudent, andacceptable piloting techniques and skills to conduct Flight 3407;

b.

they negligently hired, supervised, contracted, retained, and/or trained thepilots of Flight 3407;

c.

they negligently operated, maintained, controlled, inspected, serviced,repaired, loaded, dispatched, scheduled, and monitored Flight 3407 andthe Aircraft utilized on that flight;

d.

they negligently leased and/or purchased the Aircraft for the purpose forwhich it was operated as Flight 3407 on February 12, 2009;

e.

they negligently dispatched, operated, and flew Flight 3407 intoconditions known to be conducive to icing, knowing that the Aircraft wasinadequately equipped with ineffective de-icing equipment, andnegligently trained the flight crew to fly the Aircraft safely in suchconditions; and



9/23

- 9 -

f.

they negligently failed to ensure that the pilots arrived for their flightsrested and fit to perform their duties, failed to check the pilots conditionprior to flight, and interfered with the pilots ability to obtain proper restby implementing a policy that prohibited sleeping in the crew room; and

g.

they negligently failed to enforce and observe a sterile cockpitenvironment.

38.


Plaintiffs sustained damage to their property, including damage to their home and its contents, as

well as physical and ongoing severe emotional injuries. Additionally, Lisa Richardson sustained

severe personal injuries when she was caused to fall as a result of Defendants conduct. The

Richardson Plaintiffs suffered and continue to suffer severe emotional injuries as a result of

Defendants conduct.

COUNT II(Res Ipsa Loquitur : Colgan, Pinnacle, and Continental)

39.

The Richardson Plaintiffs repeat and reallege the allegations of paragraphs


40. The crash of Flight 3407 speaks for itself under the doctrine of Res Ipsa

Loquitur .

41.

The Aircraft was within the Defendants exclusive control.

42.

In the ordinary course of events, and if these Defendants had used

reasonable care under the circumstances, the crash of Flight 3407 would not have occurred.

43.

The Richardson Plaintiffs did not contribute to the cause of the crash of

Flight 3407.

44.

As a direct and proximate result of the negligence of Defendants Colgan,

Pinnacle, and Continental, Flight 3407 crashed, resulting in damage to the Richardson Plaintiffs

property, including damage to their home and its contents, as well as ongoing physical and



10/23

- 10 -

severe emotional injuries. The Richardson Plaintiffs suffered and continue to suffer severe

emotional injuries as a result of Defendants conduct.

COUNT III

(Strict Liability: Bombardier, Inc.)45.



46.

On February 12, 2009, the Aircraft commonly known as Flight 3407 was

being used for its intended and reasonably foreseeable purpose.

47.

The Aircraft and its component parts, systems, manuals, instructions, and

warnings were defective and unreasonably dangerous by reason of defective design,

manufacture, and/or marketing, and the failure of Bombardier, Inc., to give adequate and proper

warnings of the dangers existing and adequate instructions regarding the avoidance of such

dangers.

48.

The defective and unreasonably dangerous condition of the Aircraft

exposed the Richardson Plaintiffs and the general public to an unreasonable risk of harm, and

constituted a proximate and producing cause of the Richardson Plaintiffs injuries and damages.

49.

The unreasonably dangerous condition/defect includes, among others, the

de-icing system, the pilots operating manual, the flight-control systems, maintenance manuals

and procedures, absence of alarms, and the lack of adequate warnings and instructions regarding

the dangers.

50.

At the time the Aircraft and its de-icing system, maintenance procedures,

and other component parts were sold and/or marketed and/or placed into the stream of commerce

by Bombardier, Inc., such products were defective and unreasonably dangerous to persons,

including the Richardson Plaintiffs, who could reasonably be expected to use or benefit from



11/23

- 11 -

them, or to otherwise be affected by their use. Such defective and unreasonably dangerous

conditions were a direct and proximate cause of the Richardson Plaintiffs damages.

51.

The Aircraft was also defective by reason of Bombardier, Inc.s failure to

include or place with it adequate or proper warnings and instructions as to dangers associated

with the design and foreseeable maintenance and use of the products and how to avoid such

dangers; such defects rendered the Aircraft unreasonably dangerous and a direct and proximate

cause of the Richardson Plaintiffs injuries and damages.

52.

The Aircraft, and its operating procedures and maintenance manuals, and

the warnings issued by Bombardier, Inc., were defective in that they were so likely to be harmfulthat a reasonable person who had actual knowledge of their potential for producing injury or

death would conclude that the product should not have been marketed in that condition.

53.

The defective Aircraft and products, and inadequate warnings sold, and/or

marketed, and provided by Bombardier, Inc., were a substantial factor in causing the Richardson

Plaintiffs damages. Accordingly, Bombardier, Inc. is strictly liable for the Richardson

Plaintiffs damages.

54.

As a direct and proximate result of Defendant Bombardier, Inc.s actions,

Flight 3407 crashed, resulting in damage to the Richardson Plaintiffs, including damage to their

home and its contents, as well as ongoing physical and severe emotional injuries. The


Defendants conduct.

COUNT IV(Negligence: Bombardier, Inc.)

55.





12/23

- 12 -

56.

Defendant Bombardier, Inc. negligently manufactured, tested, and

marketed the Aircraft and its component parts, systems, manuals, instructions, and warnings.

57.

Defendant Bombardier, Inc., knew or in the exercise of ordinary care

should have known that the Aircraft and its component parts, systems, manuals, instructions,

and warnings were defective and unreasonably dangerous to those persons likely to use the

products for the purposes and in the manner for which they were intended to be used, and for the

purposes reasonably foreseeable to Bombardier, Inc., including the purpose for which the

Aircraft was used on February 12, 2009.

58. Bombardier, Inc.s negligence was a direct and proximate cause of the lossof control of the Aircraft, the crash of Flight 3407, and of Plaintiffs injuries and damages.

59.

Defendant Bombardier, Inc., knew or in the exercise of ordinary care,

should have known how to design, manufacture, test, and equip the Aircraft, its manuals, its

de-icing flight control systems and warning systems, so that the type of incident and resulting

injuries described in this complaint would have been prevented.

60.

Bombardier, Inc. had actual knowledge of the means of designing and

testing an aircraft, its manuals and flight control systems, so that it would not be inadequate or

unreasonably dangerous.

61.

Bombardier, Inc. was negligent for the additional reason that it failed to

give adequate or proper warnings or instructions to ordinary users of the Aircraft, including

Colgan, Pinnacle, and Continental, and failed to recall or timely recall the products or make

appropriate post-marketing efforts to prevent incidents such as the crash of Flight 3407.



13/23

- 13 -

62.

Defendant Bombardier, Inc., violated its duties and was negligent,

including those acts or omissions previously described, and/or in one or more of the following

ways:

a.

Failing to design, manufacture, and assemble its Model Dash 8-Q400aircraft free of all defects;

b.

Failing to design, manufacture, and assemble its Model Dash8-Q400 aircraft in such a way as to assure that it was safe and appropriatefor its intended use;

c.

Failing to properly and adequately test and monitor its Dash 8-Q400aircraft so as to learn of its inherent inability to perform safely inatmospheric icing conditions;

d. Failing to correct known structural icing problems;

e.

Failing to provide adequate instructions and warnings to the flight crewsof its Dash 8-Q400 aircraft of the potential hazards associated with theoperation of the aircraft in atmospheric icing conditions, and how to avoidor preclude those hazards in the operation of the Dash 8-Q400 aircraft;

f.

Recommended and marketed the sale of and sold Dash 8-Q400 aircraftwhen it knew or in the exercise of ordinary care, should have known thatthe aircraft did not have sufficient equipment to enable its crew to operatesafely in atmospheric icing conditions;

g.

Designed, manufactured, distributed, and/or sold the aircraft with a wingstructure that resulted in an unsafe accumulation of ice, and/or wassensitive to ice accretion;

h.

Failing to design, manufacture, and assemble its Model Dash 8-Q400aircraft with a low-airspeed alert system;

i.

Failing to design, manufacture, and assemble its Model Dash 8-Q400aircraft with an auto-throttle system in order to ensure appropriate airspeedwas maintained in icing conditions; and/or

j.

Was otherwise careless and/or negligent.

63.

Defendant Bombardier, Inc. owed the Richardson Plaintiffs a duty of

reasonable care in designing, manufacturing, testing, and marketing the products described in the

preceding paragraphs.



14/23

- 14 -

64.

Bombardier, Inc. violated its duties and was negligent, including those

acts of omission or commission previously described.

65.

Bombardier, Inc.s negligent acts, jointly and/or severally, were a

proximate cause of the crash, and the injuries and damages sustained by the Richardson

Plaintiffs.

66.

The defective conditions and resulting crash of the Aircraft were

proximately caused by the negligent acts and omissions of Bombardier, Inc. in the design,

manufacture, assembly, construction, testing, instruction, certification, marketing, monitoring,

and sale of the Aircraft, and by its failure to warn of and to take appropriate remedial action withrespect to a known dangerously defective condition.

67.

As a direct and proximate result of Defendant Bombardier, Inc.s

negligent actions, Flight 3407 crashed, proximately resulting in damages to the Richardson

Plaintiffs.

68.

As a result, the Richardson Plaintiffs have suffered damages, including

damage to their home and its contents, as well as ongoing physical and severe emotional injuries.

The Richardson Plaintiffs suffered and continue to suffer severe personal and emotional injuries

as a result of Defendants conduct.

COUNT V(Injury To Property: All Defendants)

69.



70.

At all relevant times, Plaintiffs resided at the property and residence

located at 6065 Long Street, Clarence, New York.



15/23

- 15 -

71.

Prior to February 12, 2009, the land at the Richardson residence was free

of petroleum products, jet fuel, hydraulic oil, pollutants, and hazardous materials, and the

residence at that location was in an excellent and habitable condition. Long Street, itself, was a

quiet and safe street.

72.

On February 12, 2009, as a result of the Defendants negligent, reckless,

and intentional conduct, Flight 3407 crashed into the real property located at 6038 Long Street,

which is a neighboring property, and in extremely close proximity, to the Richardson residence.

73.

The debris, heat, fumes, and inferno cast-off from the impact of Flight

3407 caused severe damage to and intruded upon the land and/or residential structure at theRichardson property.

74.

Indeed, the Richardson residence was uninhabitable after the crash for at

least two weeks.

75.

The crash of Flight 3407 has also forever and irreparably altered the

character of Long Street. Following the crash, Long Street became plagued with traffic as

vehicles drive by the crash site, turn around, and then drive back by the crash site. Mourners and

the interested public continuously visit the lot directly diagonally across the street from the

Richardson residence on a daily basis, often more than once a day.

76.

Furthermore, the damage caused to the Richardson Plaintiffs property and

residence interfered with their right to use and enjoy their property and residence.

77.

This permanent change to the character of Long Street, caused by the

crash of Flight 3407, has permanently and severely damaged the value of the property.

78.

Consequently, the Richardson Plaintiffs were caused to permanently move

into a new home.



16/23

- 16 -

79.


Plaintiffs sustained damage to their property, including damage to their home and its contents,

and to the value of the property.

COUNT VI(Trespass: All Defendants)

80.



81.

At all relevant times, Plaintiff Lisa Richardson resided at the property and

residence located at 6065 Long Street.

82.

On February 12, 2009, as a result of the Defendants negligent, willful,

reckless, and intentional conduct, Flight 3407 crashed into 6038 Long Street, which is diagonally

across the street from the Richardson residence.

83.

The debris, heat, fumes, and inferno cast-off from the impact to 6038

Long Street caused severe damage to and intruded upon the land and/or residential structure at

the Richardson property.

84.

Indeed, the Richardson residence was uninhabitable for at least two weeks

after the crash because of the Defendants trespass.

85.


Plaintiffs sustained damage to their property, including damage to their home and its contents,

and to the value of the property.

COUNT VII(Nuisance: All Defendants)

86.





17/23

- 17 -

87.

At all relevant times, the Richardson Plaintiffs resided at the property and

residence located at 6065 Long Street.

88.

On February 12, 2009, as a result of the Defendants negligent, willful,

reckless, and intentional conduct, Flight 3407 crashed into 6038 Long Street, which is diagonally

across the street from the Richardson residence.

89.

The debris, heat, fumes, and inferno cast-off from the impact to 6038

Long Street caused severe damage to and intruded upon the land and/or residential structure at

the Richardson property.

90. Indeed, the Richardson residence was uninhabitable after the crash for atleast two weeks.

91.

The crash of Flight 3407 has forever and irreparably altered the character

of Long Street. Following the crash, Long Street became plagued with traffic as vehicles would

drive by the crash site, turn around, and then drive back by the crash site. Mourners and the

interested public visited the lot diagonally across the street from the Richardson residence on a

daily and constant basis.

92.

The Richardsons are constantly reminded of the tragic events that took

place on February 12, 2009.

93.

Defendants conduct interfered with Richardson Plaintiffs right to use and

enjoy their property and consequently caused the Richardsons to move.

94.

Defendants conduct was unreasonable under all the circumstances.

95.

As a result of the nuisance caused by Defendants conduct, the

Richardsons have suffered special damages, unique to them and not endured by the general

public as a whole.



18/23

- 18 -

96.


Plaintiffs have sustained damage to their property, including damage to their home and its

contents, and to the value of the property.

97.


Plaintiffs are caused to be constantly reminded of the gruesome events of February 12, 2009, and

are no longer able to reasonably or comfortably enjoy their residence or property.

COUNT VIII(Infliction of Emotional Distress: All Defendants)

98.



99.

On February 12, 2009, the Richardsons were inside their residence at 6065

Long Street.

100.

At around 10:10 p.m. on February 12, 2009, Lisa Richardson was in the

living room of the Richardson residence.

101.

Olivia Richardson was in her bed on the first floor of the residence. Her

brother, Dylan, was in his room on the second floor of the residence.

102.

At around that same time, the Richardsons heard a terrifying, loud noise

followed by a massive explosion that sent shock waves through their home.

103.

Dylan Richardson witnessed the crash and explosion from his bedroom

window.

104.

Terrified, the Richardsons scrambled to the front of their house, looked

out the window, and saw a raging inferno shooting into the sky and racing toward their home.

105.

They felt the heat from the inferno, and breathed in and tasted what they

would later learn was jet fuel fumes.



19/23

- 19 -

106.

In that instant, the Richardsons feared for their lives and took immediate

emergency precautions, including the preparation of an immediate evacuation of their home.

However, the overwhelming presence of emergency personal and first responders, as well as the

overwhelming chaos on Long Street, caused the Richardson to retreat back into their home.

Anxious moments passed while the Richardsons feared for their lives.

107.

On February 12, 2009, the Defendants aforementioned outrageous,

intentional, reckless, and negligent conduct caused Flight 3407 to rocket downward out of the

sky and to violently crash and explode into 6038 Long Street.

108. Debris, heat, shock waves, jet fuel, fumes, and human remains impactedviolently at the Richardson residence and property. Some or all of these substances penetrated

the Richardson residence and property, intruded upon them, and/or came into contact with the

Richardson Plaintiffs.

109.

On and before February 12, 2009, Defendants, Colgan, Pinnacle, and

Continental, by and through their employees and/or agents, including but not limited to Renslow

and Shaw, acted outrageously, recklessly, and in a manner that transcends the bounds of decency

as to be regarded as atrocious and intolerable in civilized society, in causing the crash of Flight

3407 and the resulting damages.

110.

The outrageous and reckless conduct endangered the physical safety of the

Richardson Plaintiffs and placed them in fear that their lives were in grave danger.

111.

As a result of the outrageous, intentional, and reckless conduct of the

Defendants, the Richardson Plaintiffs have been caused to suffer severe and ongoing emotional

distress.



20/23

- 20 -

COUNT IXNew York General Business Law 245

(Careless or Reckless Operation of an Aircraft: Colgan, Pinnacle, and Continental)

112.



113.





114.

On and before February 12, 2009, notwithstanding these duties,

Defendants Colgan, Pinnacle, and Continental, by and through their employees and/or agents,

including but not limited to Renslow and Shaw, breached this duty of care in one or more of the

following respects:

a.

their pilots carelessly and recklessly failed to use standard, reasonablyprudent, and acceptable piloting techniques and skills to conduct Flight3407;

b.

they carelessly and recklessly hired, supervised, contracted, retained,and/or trained the pilots of Flight 3407;

c.

they carelessly and recklessly operated, maintained, controlled, inspected,serviced, repaired, loaded, dispatched, scheduled, and monitored Flight3407 and the Aircraft utilized on that flight;

d.

they carelessly and recklessly leased and/or purchased the Aircraft for thepurpose for which it was operated as Flight 3407 on February 12, 2009;

e.

they carelessly and recklessly dispatched, operated, and flew Flight 3407

into conditions known to be conducive to icing, knowing that the Aircraftwas inadequately equipped with ineffective de-icing equipment, andnegligently trained the flight crew to fly the Aircraft safely in suchconditions; and

f.

they carelessly and recklessly failed to ensure that the pilots arrived fortheir flights rested and fit to perform their duties, failed to check the pilotscondition prior to flight, and interfered with the pilots ability to obtain



21/23

- 21 -

proper rest by implementing a policy that prohibited sleeping in the crewroom; and

g.

they carelessly and recklessly failed to enforce and observe a sterilecockpit environment.

115.

As a direct and proximate result of Defendants careless and reckless

operation of Flight 3407, the Richardson Plaintiffs sustained damage to their property, including

damage to their home and its contents, and to the value of their property, as well as physical and

ongoing severe emotional injuries. Additionally, Lisa Richardson sustained severe personal

injuries when she was caused to fall as a result of Defendants conduct. The Richardson

Plaintiffs suffered and continue to suffer severe emotional injuries as a result of Defendants

conduct.

COUNT XNew York General Business Law 251

(Liability of an Owner of an Aircraft: Colgan, Pinnacle, and Continental)

116.



117.





118.

As a direct and proximate result of Defendants careless, reckless, and

negligent operation of Flight 3407, the Richardson Plaintiffs sustained damage to their property,

including damage to their home and its contents, and to the value of their property, as well as

physical and ongoing severe emotional injuries. Additionally, Lisa Richardson sustained severe

personal injuries when she was caused to fall as a result of Defendants conduct. The



22/23

- 22 -


Defendants conduct.

119.

Defendants Colgan, Pinnacle, and Continental are liable and responsible

for the injuries to person and property sustained by the Richardsons as a result of the use and

operation of Flight 3407.

WHEREFORE , the Richardson Plaintiffs demand judgment, jointly and

severally as follows:

1.

Compensatory damages for Count I through Count X in an amount

exceeding $75,000, exclusive of interest and costs;

2.

Punitive damages in an amount to be fixed by the jury;

3.

Interest from February 12, 2009 upon the principal sum recovered by

Plaintiffs;

4.

Costs and disbursements; and

5.

Such other and further relief as the Court deems just and proper.

A TRIAL BY JURY OF ALL ISSUES IS REQUESTED.



23/23

DATED: Buffalo, New York January 12, 2010

HODGSON RUSS LLPAttorneys for the Richardson Plaintiffs

By: s/Hugh M. Russ, IIIHugh M. Russ, IIIPaul I. Perlman

The Guaranty Building140 Pearl StreetBuffalo, NY 14202tel: (716) 856-4000fax: (716) [email protected]@hodgsonruss.com


richardson et al v. colgan air, inc. et al complaint

Documents