MIGDALSKI, Et Al v. BOMBARDIER, INC., Et Al Complaint

Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 9 of 50
IN T IE CIRCUIT COURT OF TIIE

17'x' JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISIO N
CASE NO . :
JENNY L . MIGDALSKI, as )
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Personal Representative of the Estate of
RICHARD PETER CESARZ, Deceased, )
and on behalf of his sole heir and survivor, )
SUSAN CESARZ MONTOYA, individuall y, )
Plaintiff, )
VS . ) COMPLAINT FOIL DAMAGE S
BOMBARDIER INC ., BOMBARDIER ) WRONGFUL DEATH

AEROSPACE CORPORATION, ) & SURVIVAL ACTION
GENERAL ELECTRIC COMPANY ,
HONEYWELL INTERNATIONAL, INC ., JURY DEMA_O27 °'
PARKER HANNIFIN CORPORATION, ) 7'`' z^
NORTHWEST AIRLINES, INC ., and KG S
ELECTRONICS, )
Defendants . ) .T r
a+
COMES NOW Plaintiff, by and tluough the undersigned counsel pursuant to the Florida
Rules of Civil Procedure and Florida Statute §768 .16 . el seq ., hereby sues the Defendants,
BOMBARDIER . INC' . . BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, HONEYWELL 1N1 ERNATIONAL, INC ., PARKER I IANNIFIN
CORPORATION, NORTHWEST AIRLINES, INC ., and KGS ELECTRONICS and states in
support of the Complaint as lbllows :
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1 . J URISDICTION AND VENU E
I This is an action for damages in excess of 1 `111een T hou sand (15 ,000 ) dollars,
exclusive of in t ere s t . co sts and attorneys Ices .
2 . Venue is proper because the parties either reside in this circuit or the events
complained of below occurred in this circuit .
3 . All conditions precedent to bringing this action have been n ► et .
11 . PARTIE S
4. Plaintiff. JENNY L . MIGDALSKI ("MIGDALSKI "), is the Personal
Representative of the Estate of RICHARD PETER CESARZ and brings this action on behalf of
his Estate and his sole heir and su rvivor, SUSAN CESARZ MONTOYA, individually .
5 . Pursuant to Florida' s Wrongful Death Statute §768 .16 . et se y ., Decedent
RICI-IARD PETER CESARZ was twenty-three (23) years of age and a statutory minor at the
time of his wrongful death described herein below .
6. At all time material hereto , Decedent RICHARD PETER CESARZ ("CESARZ")
was a resident of the state of Florida . County of Broward . His estate is in Probate in the state of
Florida, County of Broward .
7 . Plaintiff, MIGDALSKI, as Personal Representative of the Estate of CESARZ, is
entitled to recover on behalf ol' the Estate compensation for the Wrongful Death and personal
injuries of the Decedent caused by the Defendants .
8 . Plaintiff, MIGDALSKI , as Personal Representative of the Estate of CESARZ, i s
also entitled to recover the pecuniary loss occasioned by the survivor of'the Decedent, SUSA N
CESARZ MONTOYA, his sole heir, as a result of his wrongful death, including , without
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limitation, the loss of, consortium, grief, pain and suffering and other damages caused by the
Defendants .
9. Delendant . 13O[\111ARDIL:R . INC . (hereinafter "130MBARDII .R) is a foreign
corporation with subsidiaries registered to do business in the state of Florida and with its offices
and headquarters at 800 13ou1 Rene-Levesque Boulevard West, Montreal . Quebec, Canada .
10 . Defendant . BOMBARDIER, maintains significant contacts with the state of
Florida through the production of commercial aircraft that land and takeoff at airports throughout
the state under the names of common carriers operating in the state of Florida .
BOMBARDIER's aircraft supplied to the common carrier, Pinnacle Airlines, Inc . . in whole or in
part, caused or contributed to the accident described herein below .
H. The Defendant . BOMBARDIER AEROSPACE CORPORATION (hereinafter
"BAC"), is a Delaware corporation with subsidiaries registered to do business in the state of
Florida and with . its of (ices and headquarters at 400 COOte-Vertu Road West, Dorval . Quebec,
H4S I Y9, Canada .
12. BAC maintains significant contacts with the state of Florida through the
production of commercial aircraft that land and takeoff at airports throughout the state under the
names of common carriers operating in the state of Florida . BAC's aircraft supplied to the
common carrier, Pinnacle Airlines, Inc ., in whole or in part caused or contributed to the accident
described herein below .
13 . Defendant, GENERAL ELECTRIC COMPANY ("GE"), is a New York
corporation authorized to do business in the state of Florida, with its principle place of business
at I River Road. Schenectady, New York . GE is subject to the jurisdiction of the Court pursuant
to §48 .193 Fla . Stat., in that GI::
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a .) Has as its registered agent in the state of Florida . CT

Corporation System, located at 1200 S . Pine Island Road,
Plantation, Florida 33324 :
b.) Operates . conducts, engages in or carries on businesses or

business Ventures in the state o1'llorida ;
c .) Engages in substantial, not isolated, activities within the

state of Florida :
d.) Repairs . sells, services, and maintains aircraft engines in

the state ol'1 lorida :
e .) Owns, ]cases and/or uses real estate in the state of Florida ;
f.) Maintains agents and/or representatives in the state of

Florida by which it conducts its business of designing,
manufacturing and selling or servicing aircraft engines ;
g .) Advertises its products and services in the state of Florida ;
h.) A substantial dollar value of aircraft engines sold by GE are

sold in the state of Florida :
Does business through aircraft engine manufacturers,

retailers. agents and distributors in the state of Florida ;
J .) Is authorized to do business in the state of Florida ;
k .) Caused the damages alleged herein within the state of'

Florida arising out of an act or omission by GE outside this
state, when the products manufactured by GE outside of the
state of Florida were used or consumed within Florida in
the ordinary course of commerce, trade, or use .
14 . Defendant . IONEYWELL INTERNATIONAL, INC . ("HONEYWELL"), by and
through its division I-Ionevwell Aerospace, is a Delaware corporation authorized to do business
in the state of Florida, with oil ices located at 13350 US I ligl ► way 19 North, Clearwater, Florida,
and its principle place of business at 101 Columbia Road, Morristown, New Jersey .
HONEYWELL is subject to the jurisdiction of the Court pursuant to §§48 .193 Fla . Stat ., in that
IONEYWELL :
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a .) 1las a registered agent in the state of Florida, Corporation

Service Company, 1201 [lays Street . Tallahassee, Florida
32301-2525 ;
b.) Operates . conducts, engages in or carries on businesses or

business ventures in the state ol'llorida ;
c .j Engages in substantial , not isolated , activities within the

state of, I ' lorida ;
d .) Repairs . sells, services, and maintains aircraft in the state of

Florida ;
C .) Owns, leases and/or uses real estate in the state of Florida ;
E) Maintains agents and/or representatives in the state of

manufacturing and selling or servicing aircraft component
parts ;
g.) Advertises its products and services in the state of Florida ;
h .) A substantial dollar value of aircraft component parts sold

by I IONEYWELL are sold in the state of Florida ;
Does business through aircraft and aircraft parts

manufacturers, retailers, agents and distributors in the state
of Florida ;
j .) Is authorized to do business in the state of Florida ;
I< .) Caused the damages alleged herein within the state of

Florida arising out of an act or omission by
IIONEYWELL, outside this state . when the products
manufactured by 1IONEYWELL outside of the state of
Florida were used or consumed within Florida in the
ordinary course of commerce, trade, or use .
15 . Defendant, PARKER IIANNIFIN CORPORATION ("PARKER HANNIFIN"), is
an Ohio corporation authorized to do business in the state of Florida with its offices and
headquarters at 6035 Parkland Boulevard, Cleveland, Ohio . PARKER 1-IANNIFIN is subject to
the jurisdiction of the Court pursuant to §48 .193 Fla . Stat ., in that PARKER I IANNIFIN :
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a.) I las a registered agent in the state of Florida, CT

Corporation, 1200 South Pine Island Road , Plantation,
Florida 33324 ;
b .) Operates . conducts, engages in or carries on businesses or

business ventures in the state of Florida ;
c .) Engages in substantial, not isolated . activities within the

state of Florida :
d .) Repairs, sells, services, and maintains aircraft component

parts in the state of Florida ;
e.) Owns, leases and/or uses real estate in the state of Florida :

manufacturing and selling or servicing aircraft component
parts ;
11.) A substantial dollar value of aircra ft component parts sold

by PARKER HANNIFIN are sold in the state of Florida ;
i .) Does business through aircraft and aircraft parts
manufacturers , retailers, agents and distributors in the state
of Florida :
j•) Is authorized to do business in the state of Florida ;
k.) Caused the damages alleged herein within the state of

Florida arising out of an act or omission by PARKER
IIANNIFIN outside this state, when the products
manufactured by PARKER I IANNIFIN outside of the state
of Florida were used or consumed within Florida in the
ordinary course of coninmerce_ trade, or use .
16 . Defendant, NORTI-IWEST AIRLINES, INC . ("NORTIIWESI -"), is a Minnesota
corporation authorized to do business in the state of Florida, with its ottices and headquarters at
2700 Lone Oak Parkway, Dept #A4450, St . Paul, Minnesota . NORTI-]WEST is subject to the
jurisdiction of the Court pursuant to §48 .193 Fla . Slat ., in that NORTHWEST :
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I pas a registered agent in the state of' Florida . C 1 .

Corporation System, 1200 S . Pine island Road, Plantation.
Florida 33324 ;
b .) Operates, conducts . engages in or carries on businesses or

business ventures in the state of Florida ;
c .) Engages in substantial, not isolated . activities within the

state of I' lorida ;
d .) Repairs, sells . services, and maintains aircraft in the state of

Florida ,
c .) Owns, leases and/or uses real estate in the state of Florida ;

Florida by which it conducts its business of air travel,
designing, manufacturing and selling or servicing aircraft ;
h .) A substantial dollar value of aircraft sold or leased by

NORTHWEST are sold in the state of Florida ;
i .) Does business through airlines, aircraft and aircraft parts

manufacturers . retailers . agents and distributors in the state
of Florida ;
J .) Is authorized to do business in the state of Florida ;
k.) Caused the damages alleged herein within the state of

Florida arising out of an act or omission by NORTHWEST
outside this sta(e, when the products manufactured by
NORTHWEST outside of the state of Florida were used or
consumed within Florida in the ordinary course of'
commerce . trade, or use .
17 . Defendant , KGS ELECTRONICS ( KGS"), is a California corporation with its
principle place of business at 418-A East Live Oak Avenue, Arcadia , California, whose
component parts supplied to the engine manufacturer in whole or in part caused or contributed to
the accident described herein below .
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111 . ALLEGATIONS COMMON TO ALL COUNT S
18 . At all times material Hereto . the subject CRJ - 200 was owned by NORTHWEST,
WEST,
which coiitracted with Pinnacle Airlines, Inc . to 11v the CRJ aircraft to various regional location s
on belial f of Northx\ cst Airlink .
19. At all times material hereto . Decedent, C[SAIZ7., was an employee of Pinnacle
Airlines, Inc .
20 . The CRJ-200 was and is a certified fifty (50) passenger turbofan jet aircraft used
f>r commercial regional travel throughout the United States and Canada .
21 . The CRJ-200 is a jet aircraft powered by two GE CF-34-3131 nine thousand
(9000) pound thrust class turbofan engines ("powerplants") designed, manufactured, assembled,
sold . serviced, repaired and maintained by GE, which are nanufactured and authorized to fl y up
to and including thLL manufacturer's specified blight ceiling altitude of 41,000 feet (hereinafter the
"subject engines") .
22 . The subject CRJ-200 was equipped with an auxiliary power unit (the "subject
APU), electronic control unit (ECU), pneumatic control valves and other component parts which
were designed , manufactured , assembled , sold, serviced, repaired and maintained by
I IONEYWELL, which are used to provide electrical power engine starts, fuel flow, and provide
power assisted restarts in aircraft while the aircraft is either on the ground or in the air .
23 . At all times material hereto, Defendant KGS manufactured, designed, assembled,
sold, serviced, repaired and maintained the subject CR .I-200 ignition system units, which control
the start and restart of the engines in CU-200 aircraft .
24 . From April 16, 2001 through October 13, 2004, the KGS ignition systems of the
subject CRJ-200 were reported inoperable at least thirty-two times . Twenty- nine discrepancie s
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were reported li>r Ignition System B and three discrepancies were reported for Ignition Syste m
A.
-) S 1 he subject CRi-200's ignition units were rctur ► lcd to the inanulacturer liar repai r
or replacement lllicen times . In twelve instances in Ignition System B the static inverter was
replaced, in two instances the relay 1 K3KB I was replaced and in one instance the cockpit switch
was replaced .
26 . KGS has manufactured approximately 1550 static inverters for BOMBARDIER
since 1998, of which 208 units were faulty and therefore returned for service . Seventy-five
percent (75%) of the units returned had such similar problems KGS implemented design
changes . The units returned to KGS from the subject CRJ-200 alone constitute five-percent
(5°'0) of the total returned to KGS .
27 . In fact, KGS has acknowledged to the National Transportation Safety Board
("NTSB") that a five-percent (5%) rate of return for the inverters used in the subject CRJ-200 is
significantly higher than any other aircraft KGS is aware of . Nevertheless . KGS made no
attempt whatsoever to determine why the subject CRJ-200 had continuous problems with the
ignition systems .
28 . Pursuant to manufacturer specifications and guidelines . NORTI-IWEST and other
airlines around the world, are required to adopt maintenance programs that are consistent with
said specifications and guidelines in order to insure the continued airworthiness of all aircraft,
engines and component parts .
29 . Pursuant to the scheduled maintenance program utilized by NORTHWEST, the
powerplants are required to be inspected as hours (flight tine) and cycles (each take off and
landing) are accumulated .
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30 . l lie subject Icft engine (S/N GL-I :-872746) had accumulated 8,856 .0 hours . The
first C-check (detailed inspection upon reaching 4,000 hours) performed on the left engine was
in September 2003 .
31 . The subject right engine (S/N 873514) had accumulated only 1,971 hours and
therefore had not undergone a C-check at the time ofthe accident .
32 . On October 13, 2004, the subject CRJ-200 was in Little Rock, Arkansas for some
regularly scheduled maintenance, called a "service check ." At this service check no
discrepancies were found .
33 . On the morning of October 14, 2004, the subject CRJ-200 had a rejected takeoff
in Little Rock, Arkansas due to a `R 14`' DUCT" EICAS (Engine Indicating and Crew Alerting
System) message . The aircraft returned to the gate for maintenance .
34 . The contract maintenance technicians could not locate the problem, so two
Pinnacle mechanics flew in from Memphis . Tennessee to try to identify and fix the subject CRJ-
200 . These mechanics verified a fault in the right power plant RI I pylon 14`h stage bleed air duct
sensing loop and found that the loop had chaffing damage where it passed through a rib in the
pylon .
35. The loop was removed and replaced in the right engine . The right engine was test
run for 30 minutes. 30 seconds of this time at 50% Ni (rotation per minute of the engine fan),
«hile the remaining 29 .5 minutes were spent at idle . The aircraft was then released for service .
36. On October 14, 2004, at approximately 9 :21 p .m . pursuant to a properly filed
flight plan, the subject CRJ-200, operating as Pinnacle Airlines Flight #3701, left Little Rock,
Arkansas bound for Minneapolis - St . Paul, Minnesota, while being operated by pilot Captain
Jesse Rhodes and First Officer, Decedent RICE-LARD PETER CESARZ .
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37 . 1 he flight was it regularly scheduled repositioning flight to move the subject CRJ-
200 From Little Rock to Minneapolis -St. Paul for use the following day on regularly scheduled
flights out of Minneapolis-St . Paul . There were no passengers on board .
38 . Pursuant to a properly tiled flight plan . and while in the process of ' transporting
the aircraft from Little Rock to Minneapolis , the crew took the aircraft to the manufacturer's
authorized altitude ceiling o1'41 .000 feet . Once at 41,000 feet, the plane inexplicably was unable
to hold altitude . Pursuant to onboard flight manual instructions , the crew properly and
immediately asked air traffic control (ATC) for permission to descend .
39. While waiting from AT C for permission to descend , the subject CIO -200
experienced double engine failure leaving the plane completely at the mercy of' gravity . Inside
the cabin, the pilots heard repeated " engine oil " warnings emitted from the audible cockpit
warning system .
40 . Realizing their predicament , the crew immediately performed all necessary,
reasonable and prudent measures to maintain control of the aircraft and to restart the engines .
41 . During this time, the pilot and CESARZ declared an emergency and attempted to
vector the aircraft to an airport close enough to handle a glide approach emergency landing . The
plane was dropping at a terrifying rate of between 5000 and 2500 feet per minute .
42 . All attempts to restart the engines failed , resulting in both pilots plunging to their
deaths in the black of night near a residential neighborhood . Upon impact , the plane burst into
flames incinerating the pilot and CLSARZ, as well as the aircraft .
43 . A post crash investigation revealed that the Flight Data Recorder (FDR)
recovered from the scene recorded that the engine core rotors ( known as N2 ) did not begin t o
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rotate with the opening of pneumatic valves used for engine restarts . This phenomenon is known
as "core-lock" .
44 . "Idle post crash investigation also revealcd the subject GE CF-34-3B engines "oil
pump" malfunctioned and that other components of the engines suffered from extensive heat
damage consistent with exposure to extreme high temperatures during operation, resulting in the
rotor blades failing to rotate and suffering from the alorcinentioned core-lock, causing both
engines to fail all restart efforts by the crew alter numerous attempts to do so .
45 . The CRJ-200 aircraft (model CL-600-2B19), has been involved in at least fifteen
(15) accidents from 2000 to 2005 causing injuries and fatalities in many instances .
46 . The FAA has issued numerous airworthiness directives from 1997 to 2003 for the
BOMBARDIER CRJ-200 (model CL-600-21319) aircraft, which is the subject matter of this
Complaint, requiring BOMBARDIER to perform repairs andior maintenance to the CRJ-200
aircraft .
47. In fact . BOMBARDIER and GE knew of possible core lock problems with the
CRJ-200 and its engines long before the incident described herein, but did nothing to remedy the
problem .
48 . As further proof that BOMBARDIER and GE knew or should have known of the
dangers inherent in operating the CRJ-200 at an altitude ceiling of 41,000 feet prior to the
accident, BOMBARDIER and GE lowered the acceptable altitude ceiling of all CRJ-200's to
36,000 feet following this accident .
49. BOMBARDIER and BAC had a duty to Decedent to undertake such repairs
and/or maintenance pursuant to these directives and had an ongoing duty to repair and/or
maintain the aircraft in an airworthy condition . BOMBARDIER and BAC breached their dut y
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by wi11fu11y, wantonly, recklessly and negligently failing to undertake such pleasures, resulting
in the wrongful death of the Decedent CI :SARZ .
50. F urther . 13OMI3ARDIFR and I3AC were and arc engaged in the design,
111 anulacture . certification, testing and Se lling of aerospace products, including the subject
aircraft, a (T-600-21319 Series, a da ngerous and ultra hazardous 1rls l rUlne n tallly, formerly
manufactured by C.auadaAir, known as the CRJ -200 .
51 . BOMBARDIER and 13AC owed the highest degree of care to all persons aboard
Pinnacle Airlines Flight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight
3701 to operate and control the subject aircraft, on the ground and in the air, with the highest
degree of care, and to exercise the highest degree of care to prevent injury of any kind, including
injury as a result of known dangers posed by the improperly maintained aircraft . As a proximate
result of BOMBAIWIER and 13AC's negligence CESARZ was wrongfully killed by Defendants .
52 . Defendant, GE . was and is engaged in the design . manufacture, certification,
testing and selling of aircraft engines and component parts, including the subject engines,
dangerous and ultra hazardous instrumentalities, Model number CF-34-3B 1 .
53 . GE had a duty to Decedent to undertake such repairs and/or mairite nance pursuant
to the FAA's directives and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . G1 : breached its duty by willfully, wantonly, recklessly and negligently
failing to undertake such pleasures, resulting in the wrongful death of the Decedent .
54. Further, GE owed the highest degree of care to all persons aboard Pilulacle
Airlines Flight 3701, and owed a duty to all persons aboard Pinnacle Airlines Flight 3701 to
operate and control the subject aircraft, on the ground and in the air, with the highest degree o f
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care, and to exercise the highest degree of care to prevent injury of any kind, including injury as
a result of known dangers posed by the improperly maintained aircraft engines .
55. GE breached its duty by willfully, wantonly, recklessly and negligently failing to
properly Inanutacture, maintain and oversee the aircraft during the aircraft's operation by the
Decedent CESARZ . As a proximate result of GL's negligence CESARZ was wrongfully killed
by Defendant s
56 . Defendant, HONEYWELL, was and is engaged in the design, manufacture .
certification, testing and selling of aerospace products, including auxiliary power units,
pneumatic control valves and other component parts related thereto , dangerous and ultra
hazardous instrumentalities, including the subject CRJ-200's auxiliary power unit ("APU") and
pneumatic control valves .
57. HONEYWELL had a duty to Decedent to undertake such repairs and/or
maintenance of the aircraft and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . HONEYWELL breached its duty by willfully, wantonly, recklessly and
negligently failing to undertake such measures . resulting in the wrongful death of the Decedent .
58 . Further, HONEYWELL owed the highest degree of care to all persons aboard
Pinnacle Airlines blight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight
3701 to operate and control the subject aircraft, on the ground and in the all-, with the highest
degree of care, and to exercise the highest degree of care to prevent injury oC any kind, including
injury as a result of known dangers posed by the improperly maintained aircraft .
59. HONEYWELL breached its duty by willfully, wantonly, recklessly and
negligently failing to properly manufacture , maintain and oversee the aircraft during th e
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aircralt's operation by the Decedent CESARI . As a proximate result of I IONEYWELL's
negligence CLSARZ was wrongfully killed by Defendant s
60. Defendant . PARKER-IIANN1lFIN, was and is engaged in the design,
manufacture, certification , testing and selling of aerospace oil pumps fur use in turbofan jet
engines, Including Scavenge Oil plllllps, and other component parts related thereto, dangerous and
ultra hazardous instrumentalities, including the subject CR .I-200's oil pumps .
61 . PARKER HANNIFIN had a duty to Decedent to undertake such repairs and/or
maintenance of the aircraft and had an ongoing duty to repair and/or maintain the aircraft in an
airworthy condition . PARKER I LANNIFIN breached its duty by willfully, wantonly, recklessly
and negligently failing to undertake such measures, resulting in the wrongful death of the
Decedent CESARZ .
62 . PARKER-IANNIFIN owed the highest degree of care to all persons aboard
3701 to operate and control the subject aircraft, on the ground and in the air, with the highest
degree of'care, and to exercise the highest degree of care to prevent injury of any kind, including
63 . PARKER-HANNIFIN breached its duty by willfully, wantonly, recklessly and
negligently Failing to properly manufacture, maintain and oversee the aircraft during its operation
by the Decedent CESARZ . As a proximate result of PARKER-1IANNIFIN's negligence
CESARZ was wrongfully killed by Defendant s
64 . Defendant, NORT1-IWEST, was and is the owner of the subject aircraft, a
dangerous and ultra hazardous instrumentality, and was and is an airline engaged in commercia l
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air transport . which does business in interstate commerce in hundreds of locations in the United
States, including l3roward County, as well as in other countries .
65 . NOR 11 IWES 1 had a duty to Decedent to undertake such repairs and/or
maintenance pursuant to the FAA's directives and had an ongoing duty to repair and/or maintain
the aircraft in an airworthy condition . NORTIIWEST breached its duty by willfully, wantonly,
recklessly and negligently failing to undertake such measures, resulting in the wrongful death of
the Decedent CESARZ .
66 . Further, NOR fl IWF.Sf owed the highest degree of care to all persons aboard
3701 to operate and control the subject aircraft, on the ground and in the air . with the highest
degree of care, and to exercise the highest degree of care to prevent injury of any kind, including
67. NORTHWEST breached its duty by willfully, wantonly, recklessly and
negligently failing to properly manufacture, maintain and oversee the aircraft during its operation
by the Decedent CESARZ . As a proximate result of NORTI IWEST' s negligence CESARZ was
wrongfully killed by Defendants
68 . At all times material hereto, Defendant, KGS was and is engaged in the design .
manufacture . certification, testing and selling of aerospace products, including igniters . ignition
systems and other component parts related thereto, dangerous and ultra hazardous
instrumentalities, including the subject CR .1-200's ignition system, Model #ISPC- IOV .
69 . Defendant, KGS, had a duty to Decedent to undertake such repairs and/or
maintenance and had an ongoing duty to repair and/or maintain the aircraft in an airworth y
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condition . KGS breached its duty by willfully, wantonly, recklessly and negligently failing to
undertake such measures, resulting ill the wrongful death of'the Decedent C ESARZ .
70 . KGS o'\cd the highest degree of' care to all persons aboard Pinnacle Airlines
Flight 3701 and owed a duty to all persons aboard Pinnacle Airlines Flight 3701 to operate and
control the subject aircraft, on the ground and in the air . with the highest degree of care, and to
exercise the highest degree of care to prevent injury of any kind, including injury as a result of
known dangers posed by the improperly maintained aircraft .
71 . KGS breached its duty by willfully, wantonly, recklessly and negligently failing
to properly manufacture, maintain and oversee the aircraft during its operation by the Decedent
CESARZ .
72 . As a direct and proximate cause of tl ► e Defendants' above-described negligence
and the consequent death of Decedent RICHARD PETER CESARZ , the Plaintiff brings this
action and claims damages to which the Estate, survivors and/or beneficiaries may be entitled
pursuant to Florida Statute ` 768 .16 cl scq, and under all other applicable law .
73 . Plaintiff has had to retain the below referenced counsel to bring this suit and seek
all applicable attorney's lees and costs for doing so .
COUNT I
WRONGFUL DEATH AS TO BOMI3ARDIER, INC ., BOMBARDIER AEROSPACE

CORPORATION, GENERAL ELECTRIC COMPANY ,
HONEYWELL INTERNATIONAL, INC ., PARKER HANNIFIN CORPORATION
AND KGS ELECTRONIC S
FLORIDA STATUTE §768 . 16 et seq .
74. Plaintiffs re-allege each and every allegation set forth in paragraphs 1 through 73
above as if fully set forth herein .
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75. Plaintiff .JENNY MIGDALSKI brings this action as Personal Representative of
the [state of RIC l LARD P[1 ER CI ..SARZZ., and on behalf of his sole survivor SUSAN CESARZ-
MONI OYA .
76. As a direct and proximate result of the Dclcndaiiis' negligent acts as set lbrth
herein above which caused the death of Decedent CESARZ the Estate and its survivors have
suffered damages .
77 . As a result of the injuries sustained by the Plaintiff's Decedent died on October
14, 2004, causing his heirs to suffer pecuniary loss and other damages .
WIIEIZEFOIZE, Plaintiff JENNY MIGDALSKI, as Personal Representative of the Estate
of RICIIARD PETER CESARZ, and on behalf of his Estate and sole survivor. SUSAN
CESARZ_-MONTOYA, hereby demands judgment, jointly and severally , against the Defendants,
BOMBARDIER INC ., BOMBARDIEIZ AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, PARKER-IIANNIFIN COIZI'ORATION, NORTHWEST AIRLINES
and KGS ELECTRONICS for :
a.) Pain and suffering from the date of Decedent ' s death ;
b .) Loss of society, companionship , support and services from

the date of Decedent ' s death ;
c .) Loss of ' support iii money or in kind from the date of the
Decedent's death ;
d .) Loss of prospective net accumulations beyond death of the

Estate, reduced to present value ;
e.) Funeral expenses due to Decedent's death that my become

a charge against the estate or that were paid by or on behalf
of the Decedent ;
f.) Any other damages to which the Plaintiff, survivors and/or

beneficiaries may be entitled under applicable law .
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COUNT I I
GRIEF, PAIN AND SUFFERING AND EMOTIONAL DISTRESS AS TO

BOMBARDIER , INC ., BOMBARDIER AEROSPACE CORPORATION ,
GENERAL ELECTRIC COMPANY, HONEYWELL INTERNATIONAL, INC .,
PARKER IIANNIFIN CORPORATION AND KGS ELECTRONIC S
78. Plaintiffs re-allege each and every allegation set forth in paragraphs I through 73
above as if fully set forth Herein .
79. As a direct and proximate result of the Delendants' negligent acts as set forth
herein above which caused the death ol'Decedent CLSARZ the Estate and its survivors have
suffered damages .
80 . As a result of the death of her son, the Decedent's sole survivor . SUSAN
CLSARZ-MONTOYA, has suffered severe mental anguish, grief and emotional distress .
WIIEREFORE, Plaintiff JENNY 1\11GDALSKI, as Personal Representative of the Estat e
of RICHARD PETER CESARZ, and on beliallof his Estate and sole survivor, SUSAN
CESARZ-MONfOYA, hereby demands judgment . jointly and severally, against the Defendants,
BOMBARDIER INC . . BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, PARKER-IIANNIFIN CORPORATION, NORTHWEST AIRLINES,
INC ., and KGS LLEC I'RONICS for all actual , compensatory, consequential and punitive
damages, including without limitation damages for mental pain and suffering and physical
injuries, plus interests and costs, and such other damages as this I l01101-able Court deems just .
COUNT II I
NEC LICENCE AS TO BOMBARDIER , INC., BOMBARDIER AEROSPACE

CORPORATION , GENERAL ELECTRIC COMPANY, HONEYWEL L
INTERNATIONAL , INC., PARKER IIANNIFIN CORPORATION
NORTHWEST AIRLINES, INC ., AND KGS ELECTRONICS
19
31
81 . '1 lie Plaintiff re-alleges and incorporates by reference as though fully set forth
herein each and every allegation set forth in paragraphs I through 73 above .
82 . At all times material hereto, Defendants engaged in the business of designing,
certifying, testing, manufacturing and selling aircraft . including the aircraft that is the subject
matter of this Complaint, for use by members of the general public .
83 . The aircraft in question was manufactured by Defendants, and was tested,
serviced, repaired and/or maintained by Defendants with the knowledge that it would be used as
a form of public transportation .
84. At all times material hereto, the subject CIZJ-200 accident was caused in whole or
in part, due to the improper, inadequate and ineffective corporate inspection and/or repair
techniques, training, documentation and communications involving the subject CRJ-200 . which
problems were not identified and/or not properly repaired by Defendants .
85 . At all limes material hereto, Defendants had a duly to exe r c is e reasonable care i n
the inspection, repair and maintenance of the aircraft designed . c e rtifi ed, tested, manufacture d
and sold by Defendants, In cluding the subject CRJ-200, as well as a duty to insure that the
inspection, repair and maintenance techniques were adequate and effective, and that the
personnel in charge of inspecting and repairing was properly trained and fully aware of all
documentation and communications prepared by Defendants regarding the inspection, repair,
training and maintenance techniques of such an aircraft .
86 . At all times material hereto Defendants had a duty to warn the owners and/or
users and/or users, flying, servicing and maintaining the subject CRJ-200 of the potential "core-
lock" problems and other problems at high altitude .
20
v2
87 . At all times material hereto Defendants had a duty to warn and provide proper
manuals and checklists to the owners and/or operators and/or users, flying, servicing and
maintaining tl ► e subject CRJ-200 ol'the target air speed to prevent dual engiue failure .
88 . At all times material hereto Defendants had a duty to warn and provide proper
manuals and checklists to the owners and/or operators and/or users flying, servicing and
maintaining the subject CRJ-20 0 of the minimum and maximum APU altitude for engine restarts
as the result of flameouts or stall .
89 . At all times material hereto Defendants had a duty to train the owners and/or
operators and/or users flying, servicing and maintaining the subject CRJ-200 of the potential dual
engine failure .
90. Defendants were negligent in the inspection, repair and/or maintenance of the
subject CRJ-200 and breached its duty of care to the Decedent, who was a foreseeable user of the
subject CRJ-200, in the following regards :
a .) Defendants negligently tailed to properly inspect, repair

and maintain the subject CIZJ-200 so that it would be safe
for use ;
b .) Defendants negligently failed to provide proper supervision

of persons attempting to perfonn the inspection, repair
and/or maintenance of the subject CR .1-200 ;
e .) Defendants negligently failed to provide proper technical

training of persons in charge of performing the inspection,
repair and/or maintenance and/or use of the subject CRJ-
200 ;
d .) Defendants negligently failed to co mm un i cate to its

personnel in a proper manner its inspection , repair and/or
maintenance tecluniques ;
e .) Defendants failed to properly and adequately maintain

and/or repair the subject CRJ-200 in a safe and prudent
manner ;
21
33
f.) Defendants failed to properly warn the owners and/or users

and/or persons servicing and maintaining the subject CRJ-
20() of the defects in the aircraft and other components
thereof ;
g .) Defendants failed to properly warn the owners and/or users

and/or persons servicing and maintaining the subject CRJ-
200 of the dangers of the subject C R,1-200 and other
components thereof ' which, while not defective in and of
themselves, could create a dangerous situation it' the
aircraft was not properly operated and maintained under
certain conditions ;
h.) Defendants failed to properly train the owners and/or users

and/or persons servicing and maintaining the subject CR .1-
200 of the dangers of the aircraft and other components
thereof which, while not defective in and of themselves,
could create a dangerous situation if the aircraft was not
properly operated and maintained under certain conditions ;
i .) Defendants negligently breached their continuing duty to

recall or retrofit the aircraft and other components thereof
when it luiew or reasonably should have known of the
defects therein .
91 . As a direct, proximate and foreseeable result of the above-described negligence of
Defendants , the Decedent's Estate and its survivor suffered damages as set forth herein above .
WHEREFORE . Plaintiff .IENN Y M!GDALSKI , as Personal Representative of the Estate
of RICHARD PETER CESARZ, and on behalf of his Estate and sole survivor, SUSAN
CESARL-MONTOYA, hereby demands Judgment, jointly and severally, against all Defendants,
BOMBARDIER INC ., BOMBARDIER AEROSPACE CORPORATION, GENERAL
ELECTRIC COMPANY, PAIZKEIR-IIANNIFIN CORPORATION, NOR"II-IWEST AIRLINES,
INC ., and KGS ELECTRONICS fur all actual , compensatory , consequential and punitive
damages, including without limitation damages for mental pain and suffering and physical
injuries, plus interests and costs, and such other damages as this Honorable Court deems just
22
34
COUNT I V
WILLFUL AND WANTON MISCONDUC T
92 . 1'laintiIi incorporates paragraphs I through 7' above as if dilly set forth herein .
93 . The crash and consequent deaths of the Decedent CE,SAR7 was the direct and
immediate result of ' the willful, wanton, reckless, and/or grossly-negligent misconduct of
Defendants . in failing and refusing to protect those persons aboard Flight 3701 from known
dangers of an extraordinary nature, posed by the inadequately maintained aircraft .
94. Specifically, prior to and on October 14, 2004, Defendants had actual and
constructive knowledge that the operation of' the above-described flight was subject to dangers
posed by their failure to properly maintain the subject aircraft .
95 . Notwithstanding this knowledge, Defendants failed and refused to warn the
persons aboard Flight 3701 of the known dangers and/or failed and refused to protect those
persons from the known risk by failing to take precautionary Measures and to perform the
necessary regular and ongoing maintenance and training on the airplane .
96 . The crash of the above-described flight on October 14, 2004, was caused by such
known and reasonably foreseeable conditions .
97. B reason of the above-stated acts of wanton, willful, reckless, and/or grossly-
negligent conduct, evidencing willful and reckless indifference to the safety ., welfare, health,
security, and well-being of their passengers and crew members, including the Plaintiffs'
Decedent, in the face of known and notorious risks . Defendants are liable to the Plaintiff for
exemplary damages .
WHEREFORE, Plaintiff JENNY MIGDALSKI, as Personal Representative of the Estate
of RICHARD PETER CESARZ, and on behalf of his Estate and sole survivor, SUSA N
23
35
CESARZ-MON lOYA . hereby demands j udgment against the Defendants, BOMBARDIER
INC ., BOMBARDIER AEROSPACE CORPORATION, GENERAL ELECTRIC COMPANY,
PARKER-IANNIFIN CORPORATION, NORTHWEST AIRLINES, INC . . and KGS
ELECTRONICS jointly and severally . for all actual. compensatory , consequential and punitive
damages . i ncluding without limitation damages for mental pain and suffering and physica l
injuries, plus interests, costs and reasonable attorneys fees, and such other damages as this
Ilonorable Court deems j ust and right
COUNT V
STRICT LIABILITY AS TO BOMBARDIER, INC . BOMBARDIER AEROSPACE

CORPORATION, GENERAL ELECTRIC COMPANY, HONEYWEL L
INTERNATIONAL, INC ., PARKER HANNIFIN CORPORATION,
NORTHWEST AIRLINES, INC ., AND KGS ELECTRONIC S
The Plaintiff re-alleges and incorporate by reference as though fully set forth herein each
and every allegation set forth in the paragraphs I tlu-ougli 73 .
98 . Defendants were engaged in the business of designing, manufacturing and selling
the aircraft and its component parts which are dangerous and ultra hazardous instrumentalities,
which are the subject matter of this Complaint .
99 . The subject CRJ-200 was expected to reach and did reach the user or consumer
without substantial change in the condition in which it was sold .
100 . At the time the subject CIZJ-200 was sold by Defendants, it was in a defective
condition and unreasonably dangerous to the user or consumer .
101 . The Decedent was within the scope of persons who would use the product in
question and be affected by its use .
102 . Defendants are strictly liable for any physical harm caused to the Decedent as a
result of the defect of the subject CIZJ-200 sold by Defendants .
24
36
103 . As a direct and proximate result of the above - described product defect , the Estate
and its survivors have suffered damages as set forth in Paragraph 65 above .
WI ILREFORE, Plaintifl .IENNY MIGDALSKI, as 1'crsoual Representative of the [state
of RICHARD PEI Elt C[SARZ, and on behalf of his Estate and sole survivor, SUSAN
C'ESARZ-MONLOYA, hereby demands judgment, jointly and severally , for damages against
Defendants , BOMI3ARDIER INC ., BOMBARDIER AEROSPACE CORPORATION,
GENERAL ELECTRIC COMPANY, PARKER-IIANNIEIN CORPORATION, NORTHWEST
AIRLINES, INC ., and KGS ELECTRONICS together with inte re st and costs, and demands trial
by jury .
COUNT V
JURY DEMAN D
Plaintiff hereby demands a trial by jury on all issues so triable .
Respectfully submitted this 6°i day of January, 200 6
MO1'WE, LL C
Esquire
r#43503 4
ry Schiavo, Esquir e
arlon Kimpson , Esquir e
P0 Box 179 2
Mt. Pleasant . SC 29465
Telephone : 843-216-9161
Facsimile : 843-216-9440
JUl arris(itmotltirrice .co m
DATED : January 6 `h, 2006
P \FACT1 WIIIAVIATION - GENERALWviabon Cases Acbve\Pmnade Au tight 3701 CRJ 101404 crash\Plead i ngs\Cesarz\Cesarz -COMPLAINT FINAL doc 116/2006 10 29 A M
25
IN THE CIRCUIT COURT OF TH E

17th JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, YLORIDA
CIVIL DIVISIO N
CASE NO .-
JENNY L . MJGDI LSKI, Administratrix of )

the Estate of RICHARD PETER CESARZ, )
Deceased , and ol behalf of his sole heir and
survivor, SUSAN CESARZ MON TOYA, )
individually,
Plaintiff,
VERIFIED MOTION FUR
vs .
ADMISSION TO APPEAR PRO HA C
VICE PURSUANT TO LO
BOMBARDIER INC ., BOMBARDIER
RULE OF JUDI L o~ )
AEROSPACE C RPORATION,
ADMINISTRATIO 661
GENERAL ELE RIC COMPANY,
HONEYWELL TERNATIONAL, INC .,
PARKER HANNIFIN CORPORATION, ley^a- 5
Til
NORTHWEST AIRLINES, INC., and KGS
ELECTRONICS, )
H
)
Defendants .
COMES 11OW MARY SCHIAVO, Movant herein , and respectfully represents th e
tbllowing :
Mo 'ant resides in Mt . Pleasant, Charleston County, South Carolina, anti is not a
resicent of the State of Florida .
2 . Movant is an attorney and a member of the law firm of Motley Rice, LLC, wit h
Off es, at 28 Bridgeside Boulevard, Mount Pleasant, Charleston County, South
Car ling 29464, Telephone Number (843) 216-9138 .

fi
3, M.0 ant was retained personally or as a member of the above-named law firm in
I.
Z0 3E d flOdWNIH0 :Aa7W t 99TST95 E0 :T0 900Z/E0/Z0

2
Au gust of 2005 by the plaintiffs in the captioned civil action, to provide legal
I
reprl sentation in connection with the above-styled matter now pending before the
abo e-named Court of the State of Florida-
4 . Mo ant is an active member in good standing and currently eligible to practice
lawiiii the following jurisdictions : Missouri Supreme Court since September 13 ,
198 ; the Maryland Court of Appeals since June 23, 1994 ; the District of
Col rnbia Court of Appeals since December 6, 1993 ; and the Supreme Court of
the R.3nited States since October 1, 1990 . There are no disciplinary proceeding s
pending against Movant .
5 . Within the past five (5) years Movant has not been subject to any disciplinary
proceedings .
6 . Mo ant has never been subject to any suspension proceedings .
7. Movant has never been subject to any disbarment proceedings .
8 . ivio ant, either by resignation , withdrawal , or otherwise , never has teriiiinatmd or
atteripted to terminate Movant's office as an attorney in order to avoid
adn nistrative . disciplinary , disbarment , or suspension proceedings .
9. Mop°ant is not an inactive member of the Florida Bar .
10. Mo~{ ant is not now and has never been a member of the Florida Bar .
11 . Mo~{lant is not a suspended member of the Florida Bar .
12. Moo ant is not a disbarred member of the Florida Bar, nor has Movant received a
disc plinary resignation from the Florida Bar.
13 . Mo'ant has not previously been disciplined or held in contempt by reason of

f
rnisGonduct committed while engaged in representation pursuant to r lorida Rule
CO 8 9 dd f10dk IHO :>1eJ kl t69 9T9T99 E 0 : 1 0 9002/E0/Z0

3
of Judicial Administration 2,061 .
14. M vant has filed one motion to appear as counsel in Florida state courts during
th past five (5) ycars .
15 . Lot al counsel of record associated with Movant in this matter is Edward
M 4ntoya, Bar Number 0972649, who is an active member in good standing of the
-1- & Bar and has offices at 2600 Douglas Road, PH-7, Coral Gables, FL
Flog
33 !34, Telephone Number (305) 445-9292 .
16 . 7 ant has read the applicable provisions of Florida Rule of Judicial
Ad inistration 1 .061 and Rule 1-3 .10 of the Rules Regulating the Florida Bar and
ce ifies that this verified motion complies with those rules .
17. M4jvant agrees to comply with the provisions of the Florida Rules of Professional
Co duct and consents to the jurisdictiun of the courts and the Bar of the State of
Florida.
WH REFO.RE, Movant respectfully requests permission to appear in this Cour t
for this cause only ,
Mary Sciif o, Mlovant

Attom~y t Law
28 Bri Beside Blvd .
P. 0. Box 179 2
Mount Pleasant , SC 29465
(843) 216-913 8
n0dv IHc :71eivW VGS99T9T95 EO :TO 90OZ!EO/ZO

VO 3EVd
4
STATE OF SOUTrI CAROLINA
COUNTY OF CHARLESTON
I, Marv Sc 'iavo, do hereby swear or affirm under penalty of perjury that I am the Movant
in the above-style II matter ; that I have read the foregoing Motion and know the contents thereof
and the contents aro true of my own knowledge and belief .

4
MARY $'IIA'VO, Movant/Affiant
The foregoi~ g instrument was acknowledged before me this day of January, 2006,
by MARY SCHIA NO, who is personally known to me and who did take
- an oath .
f
J uary,20 `
II fd I
(Printed/Name)
iissio E pine s
PYFAGT I IMIIIMVIATION - Q ENER+~LWwallon Lx6&6 - ^Cwti FYnn3ele Air lhgnt S (Ul t-h(J 1U14V4 CfPaIWIBagMr~F1M00006 'd~lo Hae V106 - MmyS-Cen:,rz.doc • 1/9/2008 1 :32 PM
50 3E d nodwlH3 :AadW b6559T9T95 E0 :T0 9002/E0/Z0

IN "TIE CIRCUIT COURT OF T 14E

17th JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
CIVIL DIVISIO N
CASE NO. :
a
JENNY L. MIGDIALSKI, as ) 11
Personal Repre .entative of the Estate of )
RICHARD PETER CESARZ, Dece :iced, )
and on behalf f his sole heir and survivor, )
SUSAN CESARGI M,ONTOYA, individually, )
VERIFIED MOTION FOR
Plaintiff, ADMISSION TO APPEAR
PRO .YAC VIC
E
vs. PURSUANT TO FLORIDA RULE OF
JUDICIAL ADMINISTRATION 2_06 1
BOMBARDIER INC ., BOMBARDIER
AEROSPACE C911POI ATTON,
GENERAL ELEfrTRIC COMPANY,
HONEYWELL 11~TERNAI'IONAL, INC .,
PARKER HANNIFIN CORPORATION,
NORTHWEST AfRLIrNES, INC ., and KGS
ELECTRONICS,!-
Defendants .
COMES N' VII MARION KIMPSON, Movant herein, and respectfully represents the
following :
1 . Mo1ant resides in Charleston, Charleston County, South Carolina, and is not a
rest ent of the State of Florida.
2 . Mo pant is an attorney of the law firm of Motley Rice, LLC, with offices at 28
Bri geside Boulevard, Mount Pleasant, Charleston County, South Carolina
294 4, Telephone Number (843) 216-9180 .
3 . Moyant was retained as a member of the above-named law firm in June of 20 0
L0 3E d f10d J IHO :>1e1dN t6559t9I95 Ea :t0 9002/E0/Z0

7
by he plaintiffs in the captioned civil action, to provide legal representation in
con . ection with the above-styled matter now pending before the above-named
Co rt of the State of Florida .
4 . Movant is an active member in good standing and currently eligible to practic e
la w in the Statc of South Carolina before the South Carolina Supreme Court since
N o ember 15, 1999 ( SCB ar No . 17047) , and the l Jnited States District Court for
the District of South Carolina since May 16, 2000 , ( Fed. Bar No . 7487) . There
are ~o disciplinary proceedings pending against Movant .
5 . Witiin the past five (5) years Movant has not been subject to any disciplinar y
pro eedings .
6 . Movant has never been subject to any suspension proceedings .
7 . Movant has never been subject to any disbarment proceedings .
8 . Moyant, either by resignation, withdrawal, or otherwise, never has terminated o r
atte peed to lenninate Muvaiil's o rfi uc as an attorney in order to avoid

7
ad l na strative, disciplinary, disbarment, or suspension proceedings .
9. Mo ant is not an inactive member of the Florida Bar .
10 . Mo ~ant is not now and has never been a member of the Florida Bar .
11 . Mo :ant is not a suspended member of the Florida Bar .
12. ant is not a disbarred member of the Florida Bar, nor has Movant received a
disc plenary resignation from the Florida Bar .
13 . Mo ant has not previously been disciplined or held in contempt by reason of
misconduct committed while engaged in representation pursuant to Florida Rul e
of Judicial Administration 2 .061 .
80 39 dd nodwdIH3 : Aadw b6 9 S9Z9T9S E a :tie 9 0 0Z/E0 /ZO

8
14 . Moant has not filed any motion(s) to appear as counsel in Florida state courts
dorms the past fiive (5) years .
15_ Movant has read the applicable provisions of Florida Rule of Judicia l
Ad Eniriistratiun 1 .061 and Rulc 1-3 . 10 of the Rules Regulating the Florida Bar and
ceriiiìes that this verified motion complies with those nilr~s .
16 . Molvant agrees to comply with the provisions of the Florida Rules of Professional
Cox duct and consents to the jurisdiction of the courts and the Bar of the State of
Flo ida .
WI-EREFORE, Movant respectfully requests permission to appear in this Court
for this cause only ,
DATED this day of January, 2006 .
arlo~iK zpsoi Movant

Attorney at La w
$. Bridgeside Blvd .
P. O. Box 1792
Mount Pleasant, SC 29465
(843) 216-9180
60 3E d f10dWdIHO :>i~lVW b6559 T9 T95 E0 :T0 9002/E0/Z0

S
STATE OF SOUT • CAROLINA )
COUN TY OF CI-I RLESTON )
1, Marlon 1impson, do hereby swear or affirm under penalty of perjury that I am the
Movant in the aboe-styled matter ; that I have read the foregoing Motion and know the content s
thereof and the contents are true of my own knowledge and
SOf4, Movant/Affiant
I
The forego ng instruiutiit was aekujo !edged bcforc me this (V'--day of January, 2006 ,
by MARLON KIlvfPSON, who is personall"nown to me and who did take an oath .
:11 P M
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10
T be j ipreme Court of &outb Carolin a
Certificate of Good Standin g
1, )aniel E . Shearouse, Clerk of the Supreme Court of South
Carolina, do h reby certify that Marion Emil Kimpson was duly sworn and
admitted as an Lttoiney in this state on November 15, 1999 and is currently an
active member )f the South Carolina Bar .
DANIEL E . SI-JEAROT JSE , CLERK
BY ~-~ 19. l -- -
DEPUTY CLERK FOR 13AR ADMISSION S
Columbia, South Carolin a
November 15, 2005
IT 39dd nodJvIHD :>1eIdW b6559t9T95 E0 :t0 9002/E0/ 7, 0

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORID A
FT. LAUDERDALE DIVISIO N
JENNY L . MIGDALSKI , as Personal

Representative of the Estate of
RICHARD PETER CESARZ , Deceased,
and on behalf of his sole heir and
su rvivor , SUSAN CESARZ MONTOYA,
individually,
Plaintiff,
vs. CASE NO. :
BOMBARDIER , INC ., BOMBARDIER

AEROSPACE CORPORATION,
GENERAL ELECTRIC COMPANY,
HONEYWELL INTERNATIONAL, INC .,
NORTHWEST AIRLINES, INC ., and KGS
ELECTRONICS ,
Defendants .
JOINDER IN AND CONSENT TO REMOVA L
HONEYWELL INTERNATIONAL INC ., improperly sued and served as
"Honeywell International , Inc .," hereby joins in and consents to Defendants
BOMBARDIER, INC . and BOMBARDIER AEROSPACE CORPORATION's removal of
this action from the Circuit Court, Seventeenth Judicial Circuit, in and for Broward
County, Florida, to the United States District Court for the .Southern District of Florida
Fort Lauderdale Division .
AyazE Scott, Esquire
r7
#2411099v1

SOUTHERN DISTRICT OF FLORIDA
JENNY L. MIGDALSKI , as Personal

RICHARD PETER CESARZ , Deceased,
survivor, SUSAN CESARZ MONTOYA,
individually,
Plaintiff,
vs . CASE NO. :
BOMBARDIER, INC., BOMBARDIER

ELECTRONICS ,
Defendants .
JOINDER AND CONSENT TO REMOVA L
Defendant, GENERAL ELECTRIC COMPANY , hereby joins in and consents to
Defendants BOMBARDIER , INC. and BOMBARDIER AEROSPACE CORPORATION's
removal of this action from the Circuit Court, Seventeenth Judicial Circuit, in and for
Broward County , Florida , to the United States District Cou rt for the Southern District of
Florida Fort Lauderdale Division .
#2411085v1
02 . Case 0:06-cv-60186-PCH
08 . 2006 Document
WED 12 :19 F X 3056696169 1 Entered onP FLSD
KNOBLOCK-DOHNER A Docket 02/16/2006 Page 45 of 50
Ca 003,10 0

SOUTHERN DISTRICT OF FLORID A
FT . LAUDERDALE DIVISION
JENNY L . MIGDALSKI, as Persona l
RICHARD PETER CESARZ, Deceased,
individually,
Plaintiff,
vs . CASE NO . :
BOMBARDIER , INC ., BOMBARDIER
NORTHWEST AIRLINES, INC ., and KGS
ELECTRONICS ,
Defendants .
JOINDER IN AND CONSENT TO REMOVA L
GAR ENTERPRISES, INC ., improperly sued as "KGS ELECTRONICS," hereby
joins in and consents to Defendants BOMBARDIER, INC . and BOMBARDIER
AEROSPACE CORPORATION's removal of this action from the Circuit Court,
Seventeenth Judicial Circuit, in and for Broward County, Florida, to the United States
District Court for the Southern District of Florida Fort Lauderdale Division . This consent
is without waiver of any objections to personal jurisdiction, which is specificall y
contested ,
#2411102v1

SOUTHERN DISTRICT OF FLORIDA
JENNY L. MIGDALSKI, as Personal

individually,
Plaintiff,
vs. CASE NO. :
BOMBARDIER , INC., BOMBARDIER

ELECTRONICS ,
Defendants .
JOINDER IN AND CONSENT TO REMOVAL
Defendant, PARKER HANNIFIN CORPORATION, hereby joins in and consents
to Defendants BOMBARDIER, INC. and BOMBARDIER AEROSPACE
CORPORATION's removal of this action from the Circuit Court, Seventeenth Judicial
Circuit, in and for Broward County, Florida, to the United States District Court for the
Southern District of Florida Fort Lauderdale Division .
v
John M. Murray, Esq ire
#2411100x1
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT

IN AND FOR BROWARD COUNTY, FLORID A
JENNY L. MIGDALSKI , as Personal

individually,
Plaintiff,
CASE NO. : 0600240
vs.
DIVISION : 25
BOMBARDIER , INC., BOMBARDIER
NORTHWEST AIRLINES , INC., and KGS
ELECTRONICS ,
Defendants .
DEFENDANTS BOMBARDIER , INC. AND BOMBARDIER AEROSPACE

CORPORATION ' S NOTICE OF FILING NOTICE OF REMOVA L
PLEASE TAKE NOTICE that Defendants BOMBARDIER , INC . and
BOMBARDIER AEROSPACE CORPORATION have filed a Notice of Removal of this
action to the United States District Court, Southern District of Florida , Ft . Lauderdale
Division from the Circuit Court of the Seventeenth Judicial Circuit , in and for Broward
County, State of Florida. A copy of this Notice of Removal is attached to this Notice .
Dated this 10 `h day of February, 2006 .
Charles Wachter, FBN 509418

CERTIFICATE OF SERVIC E
I HEREBY CERTIFY that I have caused a true and accurate copy of the above
and foregoing to be furnished by U .S . Mail to all persons on attached Service List this
10th day of February, 2006 .
Robert E . Banker, FBN 00331 0

L. Robert Bourgeois, FBN 781540
John P. O'Flanagan, FBN 072885
Charles Wachter, FBN 509418
FOWLER WHITE BOGGS BANKER P .A.
Post Office Box 143 8
Tampa, Florida 33601
(813) 228-741 1
(813) 229-8313 (fax )
Counsel for Bombardier Defendant s
By :
Charles Wachter, FBN 50941 8
2
SERVICE LIST
J .B. Harris, Esquire Hank Knoblock , Esquir e

Mary Schiavo , Esquire KNOBLOCK & DOHNE R
Marlon Kimpson, Esquire 7901 SW 67th Avenue
MOTLEY RICE Suite 10 0
28 Bridgeside Boulevard Miami, FL 33143-453 8
Post Office Box 1792 Tel : (305) 669-965 5
Mt . Pleasant, SC 29465 Fax: (305) 669-616 9
Tel : (843)216-9161 Attorney for KGS Electronics
Fax : (843)216-944 0
Attorneys for Plaintiff
Thomas E . Scott , Jr., Esquire J . Christian Moller, Esquire

COLE SCOTT & KISSANE, P .A . PERKINS COT E
1390 Brickell Avenue, Fl . 3 1201 Third Avenu e
Miami, FL 33131-3316 Suite 480 0
Tel : (305) 350-5300 Seattle, . WA 98101-309 9
Fax: (305) 373-2294 Tel : (206) 359-8634
Attorney for Honeywell Fax: (206) 359-900 0
Attorney for Honeywell
J . Thompson Thornton, Esquire John M . Murray, Esquir e

THORNTON DAVIS & FEIN, P .A . MURRAY MARIN & HERMAN, P .A .
Bricknell Bay View Centre, Suite 2900 101 E. Kennedy Blvd .
80 Southwest 8th Street Suite 181 0
Miami, FL 33130-3036 Tampa, FL 33602-517 9
Tel: (305) 446-2646 Tel : (813) 228-1800
Fax: (305) 441-2374 Fax: (813) 222-180 1
Attorney for General Electric Attorney for Parker Hannifin
James Asher , Esquire

T.C. Woods , Esquire
KIMBRELL & HAMAN N
6161 Blue Lagoon Driv e
Suite 35 0
Miami, FL 33126-204 7
Tel: (305) 358-818 1
Fax: (305) 374-156 3
Attorney for Northwest Airline s
#2416605v2
3
ftJS 44 (Rev . 11/05 )
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and se rv ice ofpleadings or other papers as required by law, except as provided
,gapers
by local rules of cou rt . This form, approved by the judicial Conference of the United States in September 1974, is required for the use Clerk of Court for the Purpose of initiating
the civil docket sheet . (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM .) NOTICE : Attorneys MUST Indicate AU'Re-flied Cases Below.
1 . (a) PLAINTIFFS Jenny L . Mig a s i, as Personal DEFENDANTS Bombardier, Inc . ; Bombardier

Representative of the Estate of Richard Peter Aerospace Corp . ; General Electric Co . ; Honeywel
Cesarz, deceased, & on behalf of his sole heir & Int'l, Inc . ; Parker Hannefin Corp . ; Northwes t
survivor, Susan Cesarz Montoya, individuall y Airlines, Inc . ; KGS Electronics
(b) County of Residence of First Listed Plaintiff Browar d County of Residence of First Listed Defendan t Mnntrpa 1
(EXCEPT IN U .S . PLAINTIFF CASES) /~ (IN U .S . PLAINTIFF CASES ONLY)
I
(C) Atto rney ' s (Firm Name . Address , and Telephone Number) NOTE : IN LAND CONDEMNATION CASES . USE THE LOCATION OF THE. TRACT
J1
.B . Harris 17
Lit LAND INVOLVED.
Motley Rice (843) 216-916 1 Attorneys (I f Known) Bombardier Defendants :

Lt5 L5rlagesiae tsiva .
Mt . Pleasant,
finaiis A O 18 6
heck County Where Actio ose MIAMI- ITME MONROE BROW ARD
L . Robert Bourgeois, Fowler White Boggs Banker
501 E . Kennedy Blvd ., Ste 1700, Tampa, FL 336 0
O PALM BEACH O MARTIN O ST . LUCIE O INDIAN RIVER O OKEECHOBE E
HIGHLAND S
II . BASIS OF JURISDICTION (Place an' x" in One Box Only) 111 . S('1ENSHIP OF PRINCIPAL PARTIES(Place an "X" in One Box for Plaintiff
& Divefsity Cases Only) and One Box for Defendant)
Cl I U .S . Govern ment O 3 Federal Question +., PTF REF PTF DE F
Plaintiff ( U .S . Gove rnment Not a Party ) 4 (°• Citizen of This State )) 1 O 1 Incorporated or Princip4l Place O 4 O 4
of Business In This State
C3 2 U .S . Govern ment C4 Diversity Citizen of Another State O 2 O 2 Incorporated and Princ la\c ' O 5 t')t: 5
Defendant
( Indicate Citizenship o ~ arties irt( tem III)
of Business In Anotl i
~? .' 6Cz ( P I ' - / / `'(n n -Lis Citizen or Subject of a O 3 O 3 Foreign pfacio n

Foreign Country
O 6 O 6
IV . NATURE OF SUIT (Place an "X" in One Box On[

CONTRACT TO FORFEITURE/PENALTY BANKRUPTCY OTHER ST TMUTE S
O 110 Insurance PERSONAL INJURY PERSONAL INJURY O 610 Agriculture O 422 Appeal 28 USC 19 o-~0 State Reapportionment
O 120 Marine l 310 Airplane O 362 Personal Injury - O 620 Other Food & Drug O 423 Withdrawal ; O 410 Antitrust
n 130 Miller Act O 315 Airplane Product Med . Malpractice O 625 Drug Related Seizure 28 USC 157 M-730 Banks and Bankin g
Cl 140 Negotiable Instrument Liability Cl 365 Personal Injury - of Property 21 USC 881 d--450 Commerc e
O 150 Recovery of Overpayment O 320 Assault, Libel & Product Liability O 630 Liquor Laws PROPERTY RIGHTS O 460 Deportation
& Enforcement of Judgment Slander 0 368 Asbestos Personal O 640 R .R . & Truck O 820 Copyrights Cl 470 Racketeer Influenced and
Cl 151 Medicare Act O 330 Federal Employers' Injury Product O 650 Airline Kegs O 830 Patent Corrupt Organization s
0 152 Recovery of Defaulted Liability Liability 0 660 Occupational O 840 Trademark O 480 Consumer Credi t
Student Loans O 340 Marine PERSONAL PROPERTY Safety/Health Cl 490 Cable/Sat T V
(Excl . Veterans) O 345 Marine Product O 370 Other Fraud O 690 Other O 810 Selective Servic e
O 153 Recovery of Overpayment Liability O 371 Truth in Lending LABOR SOCIAL SECURITY O 850 Securities/Commodities!
of Veteran's Benefits O 350 Motor Vehicle 0 380 Other Personal O 710 Fair Labor Standards O 861 HIA (13950) Exchang e
Cl 160 Stockholders' Suits O 355 Motor Vehicle Property Damage Act O 862 Black Lung (923) O 875 Customer Challeng e
Cl 190 Other Contract Product Liability O 385 Property Damage O 720 Labor/Mgmt . Relations O 863 DIWC/DIWW (405(g)) 12 USC 341 0
O 195 Contract Product Liability O 360 Other Personal Product Liability O 730 Labor/Mgmt .Reporting O 864 SS[D Title XVI O 890 Other Statutory Actions
O 196 Franchise Injury & Disclosure Act Cl 865 RSI (405(g)) O 891 Agricultural Act s
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS O 740 Railway Labor Act FEDERAL TAX SUITS O 892 Economic Stabilization Ac t
O 210 Land Condemnation O 441 Voting O 510 Motions to Vacate O 790 Other Labor Litigation O 870 Taxes (U .S . Plaintiff D 893 Environmental Matters
O 220 Foreclosure O 442 Employment Sentence O 791 Emp1 . Ret. Inc. or Defendant) O 894 Energy Allocation Ac t
O 230 Rent Lease & Ejectment O 443 Housing/ Habeas Corpus : Security Act O 871 IRS-Third Party O 895 Freedom of Information
O 240 Torts to Land Accommodations O 530 General 26 USC 7609 Ac t
D 245 Tort Product Liability O 444 Welfare O 535 Death Penalty D 900Appeal of Fee Determinatio n
O 290 All Other Real Property D 445 Amer . w/Disabilities - O 540 Mandamus & Other Under Equal Acces s
Employment O 550 Civil Rights to Justice
O 446 Amer . w/Disabilities - O 555 Prison Condition D 950 Constitutionality o f
Other State Statute s
O 440 Other Civil Rights
V . ORIGIN (Place an "X" in One Box Only ) Appeal to District

[J I Original ;J 2 Removed from El 3 Re-filed- O 4 Reinstated or 5 Transferred from Q 6 Multidistrict ci ' Judge from
another district Magistrate
Proceeding State Cou rt (see VI below) Reopened (specify ) Litigation
Judgmen t
a) Re-filed Case O YES 3 NO b) Related Cases 3YES ONO
VI . RELATED/RE-FILED (See instructions
CASE(S). second page):
Companion case is being removed simultaneously fro m
JUDGE Broward County : Rhodes V . Bombardier, et al ., Case# C 60024 3
Cite the U .S . Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless
diversity) : 28 U .S .C . sections 1441 and 1446 : The matter is between citizens of
VII . CAUSE OF different states . The amount in controversy will exceed $75,000 excluding
ACTION interest and costs .
LENGTH OF TRIAL via days estimated (for both sides to t ry entire case )
VIII . REQUESTED IN Q CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only ifdenianded in complaint :
COMPLAINT : UNDER F .R .C .P . 23 JURY DEMAND : Yes rO N o
ABOVE INFORMATION IS TRUE & CORRECT TO SIGNATURE OFF f~^ DATE

THE BEST OF MY KNOWLEDG E
;W ~~~~7
FO YOF IJONLI'
Al tOUNT 1~ RECEIPT 6 5 r FP -

MIGDALSKI, Et Al v. BOMBARDIER, INC., Et Al Complaint

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MIGDALSKI, Et Al v. BOMBARDIER, INC., Et Al Complaint

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Case 0:06-cv-60186-PCH Document 1 Entered on FLSD Docket 02/16/2006 Page 9 of 50

IN T IE CIRCUIT COURT OF TIIE

VS . ) COMPLAINT FOIL DAMAGE S

BOMBARDIER INC ., BOMBARDIER ) WRONGFUL DEATH

BOMBARDIER . INC' . . BOMBARDIER AEROSPACE CORPORATION, GENERAL

ELECTRIC COMPANY, HONEYWELL 1N1 ERNATIONAL, INC ., PARKER I IANNIFIN

CORPORATION, NORTHWEST AIRLINES, INC ., and KGS ELECTRONICS and states in

support of the Complaint as lbllows :

1 . J URISDICTION AND VENU E

exclusive of in t ere s t . co sts and attorneys Ices .

complained of below occurred in this circuit .

3 . All conditions precedent to bringing this action have been n ► et .

4. Plaintiff. JENNY L . MIGDALSKI ("MIGDALSKI "), is the Personal

5 . Pursuant to Florida' s Wrongful Death Statute §768 .16 . et se y ., Decedent

time of his wrongful death described herein below .

6. At all time material hereto , Decedent RICHARD PETER CESARZ ("CESARZ")

Florida, County of Broward .

7 . Plaintiff, MIGDALSKI, as Personal Representative of the Estate of CESARZ, is

injuries of the Decedent caused by the Defendants .

8 . Plaintiff, MIGDALSKI , as Personal Representative of the Estate of CESARZ, i s

9. Delendant . 13O[\111ARDIL:R . INC . (hereinafter "130MBARDII .R) is a foreign

10 . Defendant . BOMBARDIER, maintains significant contacts with the state of

part, caused or contributed to the accident described herein below .

H. The Defendant . BOMBARDIER AEROSPACE CORPORATION (hereinafter

"BAC"), is a Delaware corporation with subsidiaries registered to do business in the state of

H4S I Y9, Canada .

described herein below .

13 . Defendant, GENERAL ELECTRIC COMPANY ("GE"), is a New York

to §48 .193 Fla . Stat., in that GI::

a .) Has as its registered agent in the state of Florida . CT

b.) Operates . conducts, engages in or carries on businesses or

c .) Engages in substantial, not isolated, activities within the

d.) Repairs . sells, services, and maintains aircraft engines in

e .) Owns, ]cases and/or uses real estate in the state of Florida ;

f.) Maintains agents and/or representatives in the state of

g .) Advertises its products and services in the state of Florida ;

h.) A substantial dollar value of aircraft engines sold by GE are

Does business through aircraft engine manufacturers,

J .) Is authorized to do business in the state of Florida ;

k .) Caused the damages alleged herein within the state of'

14 . Defendant . IONEYWELL INTERNATIONAL, INC . ("HONEYWELL"), by and

through its division I-Ionevwell Aerospace, is a Delaware corporation authorized to do business

a .) 1las a registered agent in the state of Florida, Corporation

b.) Operates . conducts, engages in or carries on businesses or

c .j Engages in substantial , not isolated , activities within the

d .) Repairs . sells, services, and maintains aircraft in the state of

C .) Owns, leases and/or uses real estate in the state of Florida ;

E) Maintains agents and/or representatives in the state of

g.) Advertises its products and services in the state of Florida ;

h .) A substantial dollar value of aircraft component parts sold

Does business through aircraft and aircraft parts

j .) Is authorized to do business in the state of Florida ;

I< .) Caused the damages alleged herein within the state of

15 . Defendant, PARKER IIANNIFIN CORPORATION ("PARKER HANNIFIN"), is

headquarters at 6035 Parkland Boulevard, Cleveland, Ohio . PARKER 1-IANNIFIN is subject to

a.) I las a registered agent in the state of Florida, CT

b .) Operates . conducts, engages in or carries on businesses or

c .) Engages in substantial, not isolated . activities within the

d .) Repairs, sells, services, and maintains aircraft component

f.) Maintains agents and/or representatives in the state of

g.) Advertises its products and services in the state of Florida ;

11.) A substantial dollar value of aircra ft component parts sold

j•) Is authorized to do business in the state of Florida ;