Airplane 'Lost Power' And Went Down, Pilot Fatally Injured

An accident in DeLand, FL in 2012 that resulted in the fatal injury of an Illinois attorney has generated lawsuits against the Seawind aircraft company as well as the engine manufacturer Lycoming.

Kane County, IL, Attorney Kim Edward Presbrey was flying the kit-built Seawind 3000 when it "suddenly and unexpectedly lost power," according to the attorneys who filed the suit. While Presbrey and a passenger on board the airplane survived the initial accident, they were badly burned in the post-impact fire. Presbrey, 60, eventually died as the result of his injuries, according to a report in the Geneva (IL) Patch.

Seawind stopped making the model 3000 kits in 2002 to begin concentrating on a certified 300C airplane.

The suit holds that the plane was "unsafe for flying" due to design flaws and "extremely flammable and combustible materials" used in its construction. It further alleges that the plane has "insufficient safeguards to prevent (those materials) from becoming engulfed in flames." It goes on to say that there are not sufficient warnings that the plane is susceptible to loss of power during takeoff's and ascents.

The NTSB preliminary report indicates that witnesses said the airplane appeared to stall on departure from DeLand airport (KDED) and went down, impacting a supermarket. A witness said she heard two "sputtering" engine sounds. Three people in the store were also injured, one seriously. Presbrey had purchased the plane about six weeks before the accident flight, and it reportedly had not been flown for three years prior to its sale. The NTSB has not yet completed its probable cause report.

According to a news release from attorney Vincent Hurley, the lawsuit names Seawind LLC, the company that built the kit, as well as Lycoming, as defendants. Also named are the companies that built and sold the fuel injection system, fuel pump, the company which completed the last major overhaul of the aircraft in 2001, and the party who completed a pre-purchase inspection and certification of the plane as airworthy. The company that maintained the airplane while it was owned by Presbrey is also a defendant. The suit was filed in Cook County, Illinois.

(Image from file. Not accident airplane)

FMI: NTSB Prelim