Complaint

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

HONG CASSLEY, MONA CASSLEY, and ) HECTOR CASSLEY, individually and as personal ) representatives of the Estate of JAMES ) CASSLEY, deceased, JOSETTE VILLIGER, ) IRENE PECZERWOJ, and TATIANA ) FLASON, individually and as personal ) representatives of the Estate of NATASHA ) FLASON, deceased, ANN JONES, WILLIAM ) JOHN JONES, COURTNEY JONES, and EMMA ) JONES, individually and as personal ) representatives of the Estate of JOHN ) JONES, deceased, BARBARA WEDLOCK, ) MARTIN WEDLOCK, JAMIE WEDLOCK, ) TOM WEDLOCK, MARION WEDLOCK, ) PENELOPE DELAVERE, and ROSEMUND ) RAISBECK, individually and as personal ) representatives of the Estate of GEOFF ) WEDLOCK, deceased, SUSAN CARR-GREGG, ) DAVID CARR-GREGG, GORDON CARR- ) GREGG, JOHN RALPH EDWARD CARR- ) GREGG, MICHAEL CARR-GREGG, and ) GWENDOLYN LUCE, individually and as ) personal representatives of the Estate of JOHN ) CARR-GREGG, deceased, SHELLEY LEWIS, ) GEORGIA LEWIS, JACKSON LEWIS, GEOFF ) LEWIS, JOHN LEWIS, and SUSAN MEDALIA, ) individually and as personal representatives of the ) Estate of DON LEWIS, deceased, )

) Plaintiffs, ) ) v. ) 1:12-cv-04833 )

GARMIN INTERNATIONAL, INC., a ) corporation, SUNDANCE RESOURCES ) LIMITED, a corporation, CAM IRON SA, a ) corporation, AERO SERVICE SARL, a ) corporation, and RAYMOND GRIESBAUM, ) ) Defendants. )

Case: 1:12-cv-04833 Document #: 3 Filed: 06/19/12 Page 1 of 15 PageID #:17

2

AMENDED COMPLAINT

Plaintiffs Hong Cassley, Mona Cassley, and Hector Cassley, individually and as personal

representatives of the Estate of James Cassley; Josette Villiger, Irene Peczerwoj, and Tatiana

Flason, individually and as personal representatives of the Estate of Natasha Flason; Ann Jones,

William John Jones, Courtney Jones, and Emma Jones, individually and as personal

representatives of the Estate of John Jones; Barbara Wedlock, Martin Wedlock, Jamie Wedlock,

Tom Wedlock, Marion Wedlock, Penelope Delavere, and Rosemund Raisbeck individually and

as personal representatives of the Estate of Geoff Wedlock; Susan Carr-Gregg, David Carr-

Gregg, Gordon Carr-Gregg, John Ralph Edward Carr-Gregg, Michael Carr-Gregg, and

Gwendolyn Luce individually and as personal representatives of the Estate of John Carr-Gregg;

and Shelley Lewis, Georgia Lewis, Jackson Lewis, Geoff Lewis, John Lewis, and Susan Medalia

individually and as personal representatives of the Estate of Don Lewis, for their complaint

against Garmin International, Inc., Sundance Resources Limited, Cam Iron SA, Aero Services

SARL, and Raymond Griesbaum, state as follows:

COUNT I

1. Plaintiff Hong Cassley is a citizen of China and resident of England, Mona Cassley and

Hector Cassley are citizens of the United Kingdom and residents of Ireland, Josette Villiger is a

citizen and resident of France, Irene Peczerwoj, Tatiana Flason are citizens and residents of

Australia, Ann Jones, William John Jones, Courtney Jones, and Emma Jones are citizens and

residents of Australia, Barbara Wedlock, Martin Wedlock, Jamie Wedlock, Tom Wedlock,

Marion Wedlock, Penelope Delavere, and Rosemund Raisbeck are citizens and residents of

Australia, Susan Carr-Gregg, David Carr-Gregg, Gordon Carr-Gregg, John Ralph Edward Carr-

Gregg, Michael Carr-Gregg, and Gwendolyn Luce are citizens and residents of Australia, and


3

Shelley Lewis, Georgia Lewis, Jackson Lewis, Geoff Lewis, John Lewis, and Susan Medalia are

citizens and residents of Australia.

2. Defendant Garmin International, Inc. is a corporation which has its principal place of

business in, and is a resident of, Kansas, and does business in this state and district sufficient to

subject it to the jurisdiction of this Court.

3. This Court has jurisdiction over the parties and the subject of this action under 28 U.S.C.

§ 1332. The amount in controversy exceeds $75,000. Venue is proper in this District under 28

U.S.C. § 1391.

4. On June 19, 2010, plaintiffs’ decedents were passengers onboard a Casa 212 aircraft

performing a charter flight from Yaoundé, Cameroon to Yangadou, Republic of Congo.

5. On a date prior to June 19, 2010, defendant Garmin designed, manufactured, assembled,

and sold the Map 496 Global Positioning System unit installed onboard the accident aircraft.

6. At the time the GPS unit left the custody and control of defendant Garmin, it was

defective and unreasonably dangerous in one or more of the following respects, among other

defects:

a. The GPS unit installed on the accident aircraft failed to provide relevant and/or

accurate information regarding the aircraft’s position,

b. The terrain avoidance functionality of the GPS unit failed to provide timely alerts

of approaching and hazardous terrain, and

c. The GPS unit did not contain any warning of these or other defects.

7. As the direct and proximate result of one or more of the aforesaid defective and

unreasonably dangerous conditions, the accident aircraft failed to avoid mountainous terrain

while in flight and violently crashed into the ground near Avima, Republic of Congo.


4

8. As the direct and proximate result of the aforesaid crash, plaintiffs’ decedents were

killed.

9. Plaintiffs’ decedents left surviving heirs and next of kin, including plaintiffs, for whose

benefit this action is brought.

10. Plaintiffs and the other heirs and next of kin of their respective decedents have suffered

a loss of support, loss of net accumulations, loss of household and other services, loss of care,

comfort, companionship, guidance and society and mental anguish, sorrow and grief as the result

of the deaths of plaintiffs’ decedents.

WHEREFORE, plaintiffs Hong Cassley, Mona Cassley, Hector Cassley, Josette Villiger,

Irene Peczerwoj, Tatiana Flason, Ann Jones, William John Jones, Courtney Jones, Emma Jones,

Barbara Wedlock, Martin Wedlock, Jamie Wedlock, Tom Wedlock, Marion Wedlock, Penelope

Delavere, Rosemund Raisbeck, Susan Carr-Gregg, David Carr-Gregg, Gordon Carr-Gregg, John

Ralph Edward Carr-Gregg, Michael Carr-Gregg, Gewndolyn Luce, Shelley Lewis, Georgia

Lewis, Jackson Lewis, Geoff Lewis, John Lewis, and Susan Medalia pray for the entry of

judgment in their favor against defendant Garmin International, Inc. for an amount in excess of

the minimum jurisdictional amount of this Court, together with costs and such other damages as

may be allowed by law.

COUNT II

1-8. As paragraphs 1-8 of Count II, plaintiffs reallege paragraphs 1-8 of Count I.

9. As a direct and proximate result of one or more of the foregoing conditions, the accident

aircraft was caused to, and did, violently crash into the ground near Avima, Republic of Congo

and, as a consequence thereof, plaintiffs’ decedents were caused to suffer multiple and diverse


5

injuries of both a personal and pecuniary nature, inclusive of conscious pain and suffering and

severe terror prior to impact and prior to their deaths, and property damage.

10. Had plaintiffs’ decedents survived, they would have been entitled to bring an action for

damages and such action has survived them.










COUNT III

1-4. As paragraphs 1-4 of Count III, plaintiffs reallege paragraphs 1-4 of Count I.

5. At all times relevant hereto, defendant Garmin owed a duty to plaintiffs and plaintiffs’

decedents to use reasonable care in designing, manufacturing, assembling, and selling the GPS

unit so as to not cause injury to, or the deaths of, plaintiffs’ decedents.

6. Defendant Garmin negligently breached its duty of care owed to plaintiffs and plaintiffs’

decedents through one or more of the following negligent acts and omissions:

a. Negligently designed, manufactured, assembled and sold the GPS unit such that it

failed to provide relevant and/or accurate positional information,


6

b. Negligently designed manufactured, assembled, and sold the GPS unit such that it

failed to provide timely alerts of approaching and hazardous terrain, and

c. Negligently failed to warn of these and other acts and omissions.

7. As the direct and proximate result of one or more of the aforesaid negligent acts and

omissions of defendant Garmin, the accident aircraft failed to avoid mountainous terrain while in

flight and violently crashed into the ground near Avima, Republic of Congo.

8. As the direct and proximate result of the aforesaid crash of the accident aircraft,

plaintiffs’ decedents were killed.



10. Plaintiffs and the other heirs and next of kin of their respective decedents have suffered a

loss of support, loss of net accumulations, loss of household and other services, loss of care,













7

COUNT IV

1-4. As paragraphs 1-4 of Count IV, plaintiffs reallege paragraphs 1-4 of Count I.

5-8. As paragraphs 5-8 of Count IV, plaintiffs reallege paragraphs 5-8 of Count III.

















COUNT V





8








2. Defendant Sundance Resources Limited is an Australian corporation with its principal

place of business in Perth, Western Australia, Australia, and does business in this state and

district sufficient to subject it to the jurisdiction of this Court; and Defendant Cam Iron SA is a

Cameroonian corporation with its principal place of business in Yaoundé, Cameroon, and does

business in this state and district sufficient to subject it to the jurisdiction of this Court.



U.S.C. § 1391.



5. Plaintiffs Hong Cassley, Mona Cassley and Hector Cassley’s decedent was an employee

of GMP Securities Europe LLP.

6. Plaintiffs Hong Cassley, Mona Cassley and Hector Cassley’s decedent was required to

travel to specific locations at specific times, and in the manner determined by Defendants

Sundance and Cam Iron.


9

7. At all times relevant hereto, Defendants Sundance and Cam Iron owed plaintiffs and

plaintiffs’ decedents a duty to use reasonable care in selecting a charter flight operator so as to

not cause injury to, or the deaths of, plaintiffs’ decedents.

8. Defendants Sundance and Cam Iron negligently breached their duty of care owed to

plaintiffs and plaintiffs’ decedents through one or more of the following negligent acts and

omissions:

a. Negligently failed to provide safe transportation during transportation required by

Defendants Sundance and Cam Iron,

b. Negligently failed to adequately investigate and inspect the safety record of the

charter flight operator,

c. Negligently hired a charter flight operator with a poor safety record,

d. Negligently hired a charter flight operator which Defendants Sundance and Cam

Iron knew or should have known did not maintain adequate safety measures,

engage in safe operational practices, provide proper training, or adequately

maintain its aircraft.

e. Negligently hired a charter flight operator which was prohibited from flying

within the territorial borders of the European Union, such that it was the judgment

of the relevant governmental authorities that said charter operator failed to

maintain adequate safety, training, maintenance, and operational standards for

conducting charter flights.

9. As a direct and proximate result of one of the aforementioned acts or omissions, the

accident aircraft failed to avoid mountainous terrain while in flight and violently crashed into the

ground near Avima, Republic of Congo.


10















judgment in their favor against defendants Sundance Resources Limited and Cam Iron SA, for an

amount in excess of the minimum jurisdictional amount of this Court, together with costs and

such other damages as may be allowed by law.

COUNT VI

1-10. For paragraphs 1-10 of Count VI, plaintiffs reallege paragraphs 1-10 of Count V.





11











judgment in their favor against defendants Sundance Resources Limited and Cam Iron SA, for an



COUNT VII










12



2. Defendant Aero Service SARL is a corporation which has its principal place of business

in, and is a resident of, the Republic of Congo, and does business in this state and district

sufficient to subject it to the jurisdiction of this Court.; Raymond Griesbaum is the owner and

CEO of Aero Service SARL and a resident of the Republic of Congo, and does business in this

state and district sufficient to subject it to the jurisdiction of this Court.



U.S.C. § 1391.



5. At all times relevant hereto, defendants Aero Service SARL and Raymond Griesbaum

owed a duty to plaintiffs and plaintiffs’ decedents to use reasonable care in operating and

maintaining the accident aircraft so as to not cause injury to, or the deaths of, plaintiffs’

decedents.

6. Defendants Aero Service SARL and Raymond Griesbaum negligently breached their

duty of care owed to plaintiffs and plaintiffs’ decedents through one or more of the following

negligent acts and omissions:

a. Negligently operated the accident aircraft in such a way that the aircraft failed to

avoid hazardous terrain,

b. Negligently maintained the accident aircraft in such a way that the aircraft was

unsafe to conduct flight operations and was unable to avoid hazardous terrain,


13

c. Negligently failed to install and maintain necessary equipment to assure the safe

operation and navigation of the accident aircraft,

d. Negligently trained the crewmembers piloting the accident aircraft such that they

were unable to pilot the aircraft in a safe manner as to avoid hazardous terrain,

7. As the direct and proximate result of one or more of the aforesaid negligent acts and

omissions of defendants Aero Service SARL and Raymond Griesbaum, the accident aircraft

failed to avoid mountainous terrain while in flight and violently crashed into the ground near

Avima, Republic of Congo.















judgment in their favor against defendants Aero Service SARL and Raymond Griesbaum for an


14



COUNT VIII

1-8. As paragraphs 1-8 of Count VIII, plaintiffs reallege paragraphs 1-8 of Count VII.

9. Had plaintiffs decedents survived, they would have been entitled to bring an action for








judgment in their favor against defendants Aero Service SARL and Raymond Griesbaum for an



_____/s/ Floyd Wisner_____________ Floyd A. Wisner Attorney for Plaintiffs

Floyd A. Wisner Nicholas Hantel


15

Wisner Law Firm 3N 780 Trotter Lane St Charles, IL 60175 630-513-9434 630-513-6287 (fax) 11151

James Healy-Pratt Stewarts Law, LLP 5 New Street Square London EC4A 3BF United Kingdom (pro hac vice application pending)


Documents

Complaint