West Virginia Record

Thursday, November 21, 2019

Huntington attorney sues Triad Aviation for breach of contract in plane repair

Federal Court

By Kyla Asbury | Nov 6, 2019

Airplane

HUNTINGTON — A Huntington attorney is suing Triad Aviation Inc. for failing to fix his aircraft after it was contracted to do so.

H & H Propeller Service Inc. was also named as a defendant in the suit. 

R.R. Fredeking II owns a Piper Malibu N567KC — a single-engine aircraft powered by a Continental TSIO 550c engine using a variable pitch Hartzell propeller, according to a complaint filed Oct. 25 in U.S. District Court for the Southern District of West Virginia.

Fredeking claims he contacted Triad to discuss a needed overhaul of the engine and propeller of his Piper Malibu and a required annual inspection, including the repair and/or replacement of any components which Triad determined needed repair or replacement.

Because of the complexity of the systems of the plane, Fredeking entered into a contract with Triad and Triad informed it would take six weeks to complete the work on the plane, according to the suit.

Fredeking claims Triad's affiliate, H & H, was also to repair the plane and that the defendants failed to complete the work within the agreed-upon six weeks. 

Triad did not complete the work until Aug. 2 and the plane was delivered on Aug. 15, according to the suit.

Fredeking claims he was returning to Huntington on his plane and approximately two hours after his departure, while on his final approach to Huntington Tri-State Airport, the propeller governor failed to perform its essential function and he was unable to determine the exact amount of overspeed because the tachometer "pegged" at its 3,300 RPM display maximum.

Fredeking had to replace the engine and other components, according to the suit.

Fredekin is seeking compensatory damages with pre- and post-judgment interest. He is represented by William L. Mundy of Mundy & Associates.

U.S. District Court for the Southern District of West Virginia Case number: 3:19-cv-00777

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U.S. District Court for the Southern District of West Virginia Huntington Division

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