Three Died When Plane Went Down After Engine Trouble

Attorneys representing the families of two men who died when their Piper Malibu lost power and crashed shortly after take-off laced their opening arguments in a Naples, FL, courtroom Tuesday with heavy drama, as they outlined their case for damages against a local maintenance shop.

Numbers written on an easel behind plaintiffs' attorneys William DeForest Thompson Jr. and Richard Parks as they made their opening arguments told the jury the scope of the trial: $5,654,426 -- the net amount one of the men killed in the accident, Shawn King, is projected to have earned if he hadn't died at age 31 -- and $2.5 million, the net future earnings of Charles Scherer, Jr. The two men were employed with the same home-building company.

As was reported in Aero-News, the accident also claimed the life of the aircraft's owner and pilot, Cavin Councilor.

Thompson and Parks spent over an hour presenting an overview of their case against Mark London, owner and operator of London Aviation and London Aircraft Service Center. It was London's companies that were responsible for maintenance of the Malibu, including an annual inspection completed prior to the July 2002 accident -- during which time the company replaced two cylinders in the Malibu's engine.

According to the NTSB Probable Cause report on the mishap, the three men arrived at the airport for a flight to St. Petersburg, FL shortly after the mechanic had completed two static tests of the engine during the annual. Attorneys for both sides agree the plane (file photo of type, below) passed both tests, and was deemed airworthy.

The problem, however, occurred almost immediately after the Malibu's wheels left the runway, as the engine lost power at about 300 ft. AGL. Witnesses observed a gray puff of smoke from the aircraft's exhaust as it banked to the right, and stalled.

Investigators believe Councilor was attempting to turn back towards the runway -- a fatal error, as London's attorney, John Murray, stated the airplane may have been able to glide to a landing on the remaining runway.

The NTSB ruled the cause of the accident to be Councilor's "failure to maintain airspeed above the stall speed while maneuvering to land after the engine ceased operating for undetermined reasons, which resulted in a stall/spin, an uncontrolled descent, and an impact with the ground."

"There is no dispute the aircraft lost power. The questions is why," Murray told jurors during opening arguments.

The two prosecuting attorneys say the answer lies in a stain found on the engine block of the wrecked plane, near one of the cylinders that had been replaced. The stain was proven by a lab commissioned by the plaintiffs to be caused by a quick burst of flame -- that the attorneys maintain was caused by a fuel leak from a line that hadn't been properly secured during the replacement.

The evidence, said the two attorneys, shows London Aviation was negligent in its work on the Malibu's engine, and contributed to the accident.

"The reason for the engine quitting is the most important question in this trial. That is the event that took the lives of three people," Parks, the Scherers' attorney, said.

In his response, London's attorney Murray attempted to give jurors reasonable doubt over the plaintiff's theory. He said his experts will show the court the stain in question wasn't recent at the time of the accident.

"The stain was there before this cylinder was changed," Murray said. "You will find there was nothing wrong with this aircraft's engine."

Murray also told jurors he would dispute the dollar amounts the families are seeking -- not just the lost wages described above, but also damages incurred by the men's estates.

The attorney also alleges Councilor's judgment and motor skills were hindered by OTC cold medication found in the pilot's system.

FMI: Read the NTSB Probable Cause Report