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Motley Rice LLC Files Suit in Connection with Seaplane Crash off the Coast of Miami; Complaint Alleges Chalk's Airways Was Aware of Corrosion That Led to Disaster.


MT. PLEASANT, S.C. -- One of the largest aviation litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 firms in the U.S., Motley Rice LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
, today announced that they have filed a $100,000,000 suit against Flying Boats Inc., operating under the name Chalk's Airlines Inc., and its owner James Confalone, on behalf of the family of Michele Marks, pilot in the fatal crash of Chalk's Airlines Flight 101, which took place on December 19, 2005 off the coast of Miami, Florida “Miami” redirects here. For the Native American tribe, see Miami tribe.

Miami is a major city in southeastern Florida, in the United States. It is the county seat of Miami-Dade County. Miami is a gamma world city with an estimated population of 404,048.
.

The 58 year-old twin-engine Grumman G-73T seaplane seaplane, airplane designed to take off from and alight on water. The two most common types are the floatplane, whose fuselage is supported by struts attached to two or more pontoon floats, and the flying boat, whose boat-hull fuselage is constructed with the  was originally manufactured in 1947, and en route from Miami to the Bahamian island of Bimini at the time of the crash. Shortly after the plane took off from Chalk's Watson's Island seaplane base, the right wing fell off and the plane crashed into the federal waterway waterway, natural or artificial navigable inland body of water, or system of interconnected bodies of water, used for transportation, may include a lake, river, canal, or any combination of these. , Government Cut, entry to the Port of Miami.

A post-crash investigation revealed that the right wing separated near where the wing connected to the fuselage, and that there was visible evidence of fatigue cracking and corrosion on the wing spar. Motley Rice investigators have also discovered that in 1991 the plane was found to have light corrosion on the right wing. Despite the discovery of corrosion on the wing spar 15 years ago, it is alleged that the aircraft was not properly inspected, maintained, repaired, overhauled or removed from service and replaced with more airworthy air·wor·thy  
adj. air·wor·thi·er, air·wor·thi·est
Being in fit condition to fly: an airworthy helicopter; airworthy avionics.
 aircraft.

"Chalk's Airlines had a duty to its employees and its passengers to undertake the highest degree of care to keep its planes airworthy and safe. Clearly they fell short of this duty," stated Motley Rice attorney and former U.S. Inspector General for the Department of Transportation in Washington, D.C., Mary Schiavo Mary Fackler Schiavo, JD, is the outspoken former Inspector General of the United States Department of Transportation (DOT), where for six years she withstood pressure from within DOT and the Federal Aviation Administration (FAA) as she sought to expose and correct problems at the . "When you're operating a 58 year-old aircraft it is imperative that a rigorous aging aircraft inspection and maintenance program is followed. Old airplanes are such a risk that the aviation industry even has a term for them - 'tired iron.' This tired iron should have been retired."

Motley Rice attorney Marlon Kimpson agreed, stating, "I am especially outraged because so many of the victims in this and other 'tired iron' crashes are minorities and people of modest means. It is unfortunate that we have a 'trickle down' aviation industry - allowing old planes to trickle down Trickle down

An economic theory that the support of businesses that allows them to flourish will eventually benefit middle- and lower-income people, in the form of increased economic activity and reduced unemployment.
 to those who have no alternatives for better transportation."

Motley Rice's Florida aviation attorney, J.B. Harris added, "It's been reported that South Florida is particularly vulnerable to lax inspection, shoddy shod·dy  
adj. shod·di·er, shod·di·est
1. Made of or containing inferior material.

2.
a. Of poor quality or craft.

b. Rundown; shabby.

3.
 maintenance and suspect aircraft parts. Particularly suspect is Mr. Confalone's ownership interest in certain airline parts and maintenance suppliers which may have provided parts and maintenance to the doomed aircraft. With this litigation, we aim to get to the bottom of this deadly malaise."

This case was filed in Circuit Court in Miami-Dade County, Florida Miami-Dade County (formerly known as Dade County and many times referred to as simply Miami or Dade) is a county located in the southeastern part of the state of Florida.  and included the following defendants (all owned by Chalk's owner James Confalone): Chalk's Airlines, Inc., Flying Boat, Inc., Flying Boat Parts, Inc., Seaplane Adventures, LLC, K & J Aircraft Parts, Inc., Bimini Landing, Inc., Florida Air Shuttle An air shuttle is a shuttle service operated with aircraft. Although many airlines employ "shuttle" in their name, a true air shuttle is typically characterized by
  • short, limited routes
  • frequent, regular scheduled service
  • simplified fare and class structures.
, Inc., Okeechobee Jet Center, Inc., Seaplane Leasing, I, LLC, Seaplane Leasing II, LLC, Seaplane Leasing III, LLLC, Seaplane Leasing IV, LLC, Seaplane Leasing V, LLC, Seaplane Leasing VI, LLC, The Airport, Inc., The Charge Station, Inc., The Fuel Farm, Inc., The Oil Change, Inc., The Shuttle, Inc., U.S. Distributors, Inc., Worldwide Aviation Distributors, Inc., Dean H. Franklin Aviation Enterprises, Inc., and James H. Confalone, individually. For more information on Motley Rice's aviation disaster litigation, please visit http://aviation.motleyrice.com/.

About Motley Rice LLC

Motley Rice LLC is one of the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area.  largest plaintiffs' litigation and aviation disaster firms. Motley Rice attorneys have gained global recognition for their pioneering work on behalf of asbestos victims, the State Attorneys General in their landmark litigation against Big Tobacco, and the 9/11 families in their groundbreaking lawsuit against terrorist financiers. Motley Rice attorneys continue to seek justice in the areas of: aviation disasters, catastrophic injury; complex case resolution; consumer and commercial fraud; environmental hazards and contamination; medical negligence and defects; occupational disease and toxic torts; and transportation defects and mass disasters. For more information on Motley Rice LLC or this case, contact attorney Mary Schiavo at 1-800-768-4026 or visit http://www.motleyrice.com.
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Date:Jan 20, 2006
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