Lawsuit holds company liable for not securing airplane during storm

Michelle Massey Apr. 23, 2010, 3:54am

A man who was trying to sell his Cessna 150J is suing the company that was going to buy it for failing to protect the aircraft during a storm.

Wallace, Robert Newton Yarborough, III and Wallace Yarborough Investments sued Aeropremier Jet Center in federal court in the Eastern District of Louisiana on April 19.

Wallace claims he flew the airplane to AeroPremier in New Orleans so that its mechanic could perform a thorough and complete pre-buy inspection.

He claims he turned over the aircraft, keys, all licenses and log books to AeroPremier and it promised to take good care of the aircraft while it was under its care and control. The company preformed the inspection and entered into negotiations with Wallace to purchase the aircraft. However, before the sale could be finalized, a severe weather storm hit New Orleans and overturned the airplane, causing significant damage.

Wallace alleges that local weather bureaus had forecast the storm and AeroPremier should have taken action to protect the plane.

The plaintiffs are seeking damages for the loss of the use of the aircraft, loss of business, loss of potential business, removal of the aircraft, physical damages, legal interest and attorney's fees.

New Orleans attorney Edward G. Markle of Markle and Associates is representing the plaintiffs.

U.S. District Helen G. Berrigan is assigned to the litigation.

Case No 2:10cv001136

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