Lawsuit says plane flipped over during 2012 derecho

By Kyla Asbury | Oct 25, 2013


CHARLESTON - A man is suing Executive Air Terminal Inc. for alleged damages an airplane sustained during the 2012 derecho and breach of contract.

On June 12, 2012, Bruce Caswell delivered a Cessna into the care, custody and control of the defendant, by parking it at the defendant's premises in the normal and ordinary course of business between him and the defendant, according to a complaint filed Oct. 4 in Kanawha Circuit Court.

Caswell claims the Cessna was damaged on June 29, 2012, as a result of the derecho that occurred in the area.

During the storm, the plane was caused to flip over and approximately $80,000 in damages was caused to the plane, according to the suit.

Caswell claims the defendant was negligent in allowing the plane to be damaged and failing to properly secure the plane using the use of tie downs.

As a direct and proximate and proximate result of the of the defendant's negligence, Caswell's plane was damaged and he suffered aggravation, annoyance, inconvenience and loss of use of his plane, according to the suit.

Caswell is seeking compensatory damages in the amount of $80,000. He is being represented by John Andrew Smith of Flaherty Sensabaugh Bonasso PLLC.

The case has been assigned to Circuit Judge Paul Zakaib Jr.

Kanawha Circuit Court case number: 13-C-1871

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