mauer et al v. bombardier, inc. et al complaint

8/7/2019 MAUER et al v. BOMBARDIER, INC. et al Complaint

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Case 3:11-cv-00648-JAP -LHG Document 1 Filed 02/04/11 Page 1 of 17 PageID: 1

UNITED STATES DISTRICT COURTDISTRICT OF NEW JERSEY-----------------------------------------------------------)(SCOTT A. MAURER and THERESA A. MAURERas Co-Administrators Ad Prosequendum of theEstate of LORIN ANN MAURER, Deceased,

Plaintiffs,-against-BOMBARDIER, INC., and BOMBARDIERAEROSPACE CORPORATION,

Defendants.-----------------------------------------------------------)(

Civil Action No.:COMPLAINT

PLAINTIFFS DEMANDA TRIAL BY JURY

Plaintiffs, Seott A. Maurer and Theresa A. Maurer, Individually and as Co-Administrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, by and throughtheir attorneys, Baumeister & Samuels, a Professional Corporation, respectfully allege asfollows:

JURISDICTION AND VENUEI. Plaintiffs, Scott A. Maurer and Theresa A. Maurer, are the parents of the

decedent, Lorin Ann Maurer, and were appointed Co-Administrators Ad Prosequendum of theirdaughter's estate by the Surrogate's Court of the State of New Jersey, County of Mercer, on the24th day of July, 2009 and plaintiffs are presently acting in said capacity. Plaintiffs bring thisaction on behalfof themselves and in their representative capacities on behalf of all potentialbeneficiaries, heirs, distributees and the estate as allowed under the applicable law.

2. Plaintiffs Scott A. Maurer and Theresa A. Maurer are citizens of the State of NewJersey, in accordance with 28 U.S.C. 1332(c)(2) as, at the time of her death, the decedent, LorinAnn Maurer, was a citizen of the State of New Jersey.


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3. Defendant, Bombardier, Inc., is a foreign corporation duly organized and existingunder the laws of Canada, maintaining its principal place of business in Montreal, Quebec,Canada, and at all times relevant hereto does regularly and continually conduct and transactbusiness within the State of new Jersey, and specifically within this judicia l district, sufficient tosatisfy the requirements for exercis ing personal jurisdiction and venue over this defendant.

4. Defendant Bombardier Aerospace Corporation, is a corporation duly organizedand existing under the laws of the State of Texas, maintaining its principal place of business in

Quebec, Canada, and at all times relevant hereto does regularly and continually conduct andtransact business within the State of New Jersey, and specifically within this judicial district,sufficient to satisfy the requirements for exercising personal jurisdiction and venue over thisdefendant.

5. At all relevant times herein and upon information and belief, the defendantBombardier Aerospace Corporation, is a wholly owned subsidiary of the defendant Bombardier,Inc., and/or were and are interrelated companies, and as such, said defendants shall becollectively referred to as "Bombardier".

6. This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332 due to thediversity of citizenship between the parties and the amount in controversy exceeds Seventy FiveThousand ($75,000.00) Dollars, exclusive of interest and costs.

7. Venue is founded upon 28 U.S.c. 1391.GENERAL ALLEGATIONS APPLICABLE TO ALL COUNTS

8. Plaintiffs Scott A. Maurer and Theresa A. Maurer are the parents of the decedent,Lorin Ann Maurer. Plaintiffs bring this action on behalfof themselves individually, as well as intheir representative capacities on behalf of all next of kin, heirs at law, survivors and/or

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beneficiaries of the decedent, Lorin Ann Maurer, as well as on behalf of the estate of thedecedent, and on behalf of any other individual entitled to recover under the applicable law.

9. On and prior to February 12,2009, Colgan Air, Inc., ("Colgan") was a regionalairline certified under Part 121 of the Federal Aviation Regulations and operated regularlyscheduled passenger flights to and from Buffalo-Niagara International Airport located inBuffalo, New York.

10. On and prior to February 12,2009, Colgan was and is a commercial air carrier

engaged in the business of carrying passengers for hire in interstate commerce.II . On and prior to February 12, 2009, Continental Airlines Inc., ("Continental") was

a major airline certified under Part 121 of the Federal Aviation Regulations and operatedregularly scheduled passenger flights to and from Buffalo-Niagara International Airport locatedin Buffalo, New York.

12. On and prior to February 12,2009, Continental was and is a commercial aircarrier engaged in the business of carrying passengers for hire in interstate and internationalcommerce.

13. On February 12,2009 Colgan owned and/or operated, and/or Continentaloperated a certain Bombardier DHC-8-402, Q400 model series aircraft, bearing registrationnumber N 200WQ (the "subject aircraft"), as Colgan Air Flight 3407 d/b/a ContinentalConnection Flight 3407, as a scheduled flight from Newark Liberty International Airport locatedin Newark, New Jersey to Buffalo-Niagara International Airport located in Buffalo, New York("Colgan Air Flight 3407 d/b/a Continental Connection Flight 3407").

14. At all times relevant hereto, defendant Bombardier, designed, manufactured,assembled, inspected, tested, distributed, serviced, maintained, monitored, marketed, sold and

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placed into the stream of commerce, the subject aircraft, as well as its component parts andsystems, including, but not limited to, the subject aircraft 's anti-icing and de-icing systems,

flight control systems, and its stall warning and protection system, and their associatedcomponents, and wrote and/or approved warnings, advice, instructions and guidance for thesubject aircraft, including its aircraft tlight manual, aircraft operating manual, maintenancemanual, maintenance and repair instructions, overhaul manual, service bulletins, inspectionschedules and service life schedules, and provided training to Colgan' s flight crews, including,but not limited to, with respect to flight in known icing conditions, the use of auto-pilot in knownicing conditions, and upset recovery, including, but not limited to, recognizing, preventing andcorrecting an aerodynamic stall as well as the operation of the subject aircraft's anti-ice and deice systems, and its' stall warning and protection system.

15. Colgan and/or Continental was a common carrier for hire and owned, serviced,maintained, repaired, inspected and/or operated the subject aircraft and its component parts andsystems, and provided training, instruction, guidance and/or supervision to the flight crew of thesubject aircraft, and either on their own and/or in conjunction with the defendant Bombardier,wrote and/or approved instructions and warnings for the subject aircraft and its component partsand systems, including, but not limited to, its aircraft flight manual, aircraft operating manual,maintenance manual, maintenance instructions, inspection schedules, training manuals,curriculum and/or procedures, including, but not limited to, training, procedures and operationsregarding flight in known icing conditions, the use of auto-pilot in known icing conditions, andupset recovery, including, but not limited to, recognizing, preventing and correcting anaerodynamic stall as well as the operation of the subject aircraft' s anti-ice and de-ice systems,and its' stall warning and protection system.

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16. On February 12, 2009, the decedent, Lorin A. Maurer, was a passenger on boardColgan Air Flight 3407 d/b/a Continental Connection Flight 3407.

17. On February 12,2009, at approximately 10: 17 P.M., the subject aircraft wast1ying on auto-pilot in knov.m icing conditions on its instrument approach to Runway 23 at theBuffalo-Niagara International Airport.

18. At said time and place, the t1ight crew allowed the subject aircraft to become tooslow which caused the aircraft's stall warning and protection system, which consists of stick

shaker and stick pusher, to activate.19. At the time ofthe activation of stick shaker, which is designed to alert the t1ight

crew to an impending aerodynamic stall, which then would have been followed by stick pusherwhich would have automatically moved the control column forward thereby lowering theaircraft's nose and increasing speed, there was a 25 pound pilot-induced pull force on the controlcolumn which caused the nose of the aircraft to pitch up, further slowing the aircraft and causingthe aircraft to enter an aerodynamic stall.

20. At said time and place, and approximately two seconds after the activation ofstick shaker and the pilot induced pull force on the control column, the aircraft departedcontrolled t1ight, entered an uncommanded roll and spin and crashed approximately five milesnortheast of the Buffalo-Niagara International Airport, killing all 45 passengers on the aircraft,including the plaintiffs' decedent, as well as an individual on the ground.

21. As a result of the foregoing, the subject aircraft spiraled out of control and enteredan uncontrolled descent and violently moved about in abnormal and unexpected directionscausing the Plaintiffs' decedent to experience unusual G-forces, resulting in physical injuries,conscious pain and suffering, mental anguish, emotional distress and other damages and upset to

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Plaintiffs' decedent.22. As a direct and proximate result of the acts and/or omissions of the defendant

Bombardier, and others, who are liable, jointly and/or severally liable, there was a measurableand significant period oftime prior to the Plaintiffs' decedent's death during which decedent,Lorin A. Maurer, sustained significant personal injuries, including conscious and physical painand suffering, pre-impact fright and terror, fear of impending death, post-impact fright andterror, mental anguish, emotional distress, and other severe injuries for a measurable period oftime prior to her death, for which the defendant is liable, jointly and/or severally, with nonegligence on the part of the decedent contributing thereto.

23. As a direct and proximate result ofthe foregoing, the estate of Lorin A. Maurer,the heirs and distributees of the decedent's estate, as well as anyone entitled to recover under theapplicable law, represented by the Plaintiffs, Scott A. Maurer and Theresa A. Maurer, as CoAdministrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, are seeking allwrongful death and survival damages under the applicable law, including, but not limited to, alleconomic and non-economic damages, including the loss of the gross earning power of thedecedent, the loss of past earnings, the loss of future earnings and earning capacity, loss ofaccumulations, full pecuniary loss of the decedent, loss of income, support, society, love, grief,consortium, services, guidance, care, comfort, companionship, advice, together with thepecuniary values of the losses thereof, and the inheritance of the decedent, loss oflife'spleasures, loss of enjoyment of life, and damages for mental anguish and mental pain andsuffering, and the heirs and distributees of the decedent's estate were caused to incur othernecessary and reasonable expenses as a result of the decedent's death, including, but not limitedto, funeral and burial costs, and were otherwise damaged, and the within action is also brought

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by Plaintiffs Scott A. Maurer and Theresa A. Maurer, individually and in their own right, for alldamages recoverable under the applicable law for them and for all beneficiaries and potentialbeneficiaries of the decedent.

24. Plaintiffs originally filed suit against Colgan Airlines, Inc., Pinnacle Airlines,Corp., and Continental Airlines, Inc., in this Court (which is pending) as the result of thedecedent' s death, and the allegations contained therein are incorporated herein by reference.

AS AND FOR A FIRST CAUSE OF ACTIONFOR NEGLIGENCE AGAINST THE

DEFENDANT BOMBARDIER25. Plaintiffs repeat, reiterate and reallege each and evcry allegation contained in

paragraphs" I " through "24" as if fully set forth hereiu at length.26. The subject crash, injuries and death of the decedent were caused, in part, by the

negligence and carelessness of the defendant Bombardier, including its officers, agents, servantsand/or employees, in that it:

a. negligently and carelessly designed, manufactured, assembled, inspected, tested,distributed, serviced, maintained, monitored, marketed, sold and placed into thestream of commerce the subject aircraft and its component parts and systems,including, but not limited to, the subject aircraft's anti-icing and de-icing systems,flight control systems, and its stall warning and protection system, and theirassociated components;

b. negligently and carelessly failed to warn of the risks associated with the subjectaircraft, including its anti-icing and de-icing systems, flight control systems, andthe stall warning and protection system, and their associated components;

c. failed to design, mannfacture, and assemble the subject aircraft free of all defects;-7-


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d. failed to design, manufacture, assemble and/or equip the subject aircraft with anaudible low-speed alerting system that would have provided an aural alert to the

flight crew of the subject aircraft that the aircraft was becoming dangerously slowand that the stall warning and protection system was about to activate and thatcorrective action was necessary;

e. failed to design, manufacture, assemble and/or equip the subject aircraft with anadditional visual warning consisting of an amber band on the Indicated AirspeedDisplay that would have provided the flight crew of the subject aircraft with anadditional visual cue that the aircraft was becoming dangerously slow and thatcorrective action was necessary;

f. failed to design, manufacture, assemble and/or equip tbe subject aircraft with anauto-throttle system that would have automatically maintained sufficient airspeedto prevent the activation of the subject aircraft's stall warning and protectionsystem thereby creating the potential for a catastrophic in-flight event;

g. failed to include and/or recommend in either the manufacturer aircraft flightmanual and/or aircraft operating manual, including but not limited to, allchecklists and procedures, a mandatory procedure or cross-check that required theflight crew of the subject aircraft to insure that the landing speed was accuratebased upon the position of the Ref Speed Switch located on the subject aircraft'sice protection panel to insure that the subject aircraft's stall warning andprotection system does not prematurely activate thereby creating the potential fora catastrophic in-flight event;

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h. improperly trained Colgan flight crews including. but not limited to, with respectto flight in k n o ~ T I icing conditions, the use of auto-pilot in known icing

conditions, and upset recovery, including, but not limited to, recognizing,preventing and correcting an aerodynamic stall as well as the operation of thesubject aircraft's anti-ice and de-ice systems, and its' stall warning and protectionsystem; and

I. was otherwise negligent and/or careless.27. As a direct and proximate result of the foregoing, there was a measurable and

significant period of time prior to the Plaintiffs' decedent's death during which decedent, LorinA. Maurer, sustained significant personal injuries, including conscious and physical pain andsuffering, pre-impact fright and terror, fear of impending death, post-impact fright and terror,mental anguish, emotional distress, and other severe injuries for a measurable period of timeprior to her death, for which the defendant is liable, jointly and/or severally, with no negligenceon the part of the decedent contributing thereto.

28. As a direct and proximate result of the foregoing, the estate of Lorin A. Maurer,the heirs and distributees of the decedent's estate, as well as anyone entitled to recover under theapplicable law, represented by the Plaintiffs, Scott A. Maurer and Theresa A. Maurer, as CoAdministrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, are seeking all~ T o n g f u l death and survival damages under the applicable law, including, but not limited to, alleconomic and non-economic damages, including the loss of the gross earning power of thedecedent, the loss of past earnings, the loss of future earnings and earning capacity, loss ofaccumulations, full pecuniary loss of the decedent, loss of income, support, society, love, grief,consortium, services, guidance, care, comfort, companionship, advice, together with the

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pecuniary values of the losses thereof, and the inheritance of the decedent, loss oflife'spleasures, loss of enjoyment of life, and damages for mental anguish and mental pain and

suffering, and the heirs and distributees of the decedent's estate were caused to incur othernecessary and reasonable expenses as a result of the decedent's death, including, but not limitedto, funeral and burial costs, and were otherwise damaged, and the within action is also broughtby Plaintiffs Scott A. Maurer and Theresa A. Maurer, individually and in their own right, for alldamages recoverable under the applicable law for them and for all beneficiaries and potentialbeneficiaries of the decedent.

29. Defendant 's breach of its duties and the failure of defendantto exercise the levelof care appropriate and reasonable as set forth herein was, in part, a proximate and legal causeand substantial factor in the causing of Plaintiffs' decedent's injuries, damages and losses.

30. As a direct and proximate result of the breach of duties and responsibilities,negligence and carelessness of the defendant, in part andjointIy and/or severally, the subjectaircraft crashed resulting in injuries to and the death of Plaintiffs' decedent, all for which thePlaintiffs, Plaintiffs' decedent's estate and the statutory beneficiaries and/or next of kin thereof,and/or any other individual entitled to recover, seek damages, compensation and financialrecovery as previously alleged and as permitted by applicable law.

WHEREFORE, plaintiffs, Scott A. Maurer and Theresa A. Maurer, demand judgment forall damages allowed under the applicable law against the defendant Bombardier in excess of thejurisdictional limitations of this Honorable Court, in addition to interest, costs of suit, attorneys'fees and for such other and further re lief as the court deems just.

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AS AND FOR A SECOND CAUSE OF ACTIONFOR STRICT PRODUCTS LIABILITY

AGAINST DEFENDANT BOMBARDIER

31. Plaintiffs repeat, reiterate and reallege each and every allegation contained inparagraphs" 1" through "30" as iffully set forth herein at length.

32. On February 12, 2009, the subject aircraft and its component parts and systems,including, but not limited to, the subject aircraft's anti-icing and de-icing systems, flight controlsystems, and its stall warning and protection system, and their associated components, and theirattendant instructions, were being operated and used for the purposes and in the manner forwhich they were designed, manufactured, assembled, inspected, tested, distributed, sold,serviced, maintained, and/or repaired, and intended to be used, in a manner reasonablyforeseeable to defendant Bombardier, and in a condition without substantial change from theiroriginal condition when sold by defendant Bombardier.

33. On February 12,2009, the subject aircraft and its component parts and systems,including, but not limited to, the subject aircraft's anti-icing and de-icing systems, flight controlsystems, and its stall warning and protection system, and their associated components, and theirattendant instructions, were defective and unreasonably dangerous and unsafe by reason ofdefendant Bombardier's defective design, manufacture, assembly, inspection, testing,distribution, sale, warnings and instructions, service, maintenance and/or repair of the subjectaircraft and its component parts and systems, including, but not limited to, the subject aircraft'santi-icing and de-icing systems, flight control systems, and its stall warning and protectionsystem, and their associated components, and their attendant instructions, all of which had thepotential to lead to the unexpected in-flight activation of the subject aircraft's stall warning andprotection system, which ultimately could, and did, lead to the loss of controlled flight.

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34. The crash, injuries and death of the decedent were caused, in part, by theaforementioned defective, unreasonably dangerous and unsafe condition of the subject aircraftand its component parts and systems, including, but not limited to, the subject aircraft's antiicing and de-icing systems, flight control systems, and its stall warning and protection system,and their associated components, and their attendant instructions, all of which had the potentialto cause the unexpected in-flight activation of the subject aircraft's stall warning and protectionsystem which ultimately could, and did, lead to the loss of controlled flight.

35. As a direct and proximate result of the foregoing, there was a measurable andsignificant period of time prior to the Plaintiffs' decedent's death during which decedent, LorinA. Maurer, sustained significant personal injuries, including conscious and physical pain andsuffering, pre-impact fright and terror, fear of impending death, post-impact fright and terror,mental anguish, emotional distress, and other severe injuries for a measurable period of timeprior to her death, for which the defendant is liable, jointly and/or severally, with no negligenceon the part of the decedent contributing thereto.

36. As a direct and proximate result of the foregoing, the estate of Lorin A. Maurer,the heirs and distributees of the decedent's estate, as well as anyone entitled to recover under theapplicable law, represented by the Plaintiffs, Scott A. Maurer and Theresa A. Maurer, as CoAdministrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, are seeking allwrongful death and survival damages under the applicable law, including, but not limited to, alleconomic and non-economic damages, including the loss of the gross earning power of thedecedent, the loss of past earnings, the loss of future earnings and earning capacity, loss ofaccumulations, full pecuniary loss of the decedent, loss of income, support, society, love, g r i e t ~ consortium, services, guidance, care, comfort, companionship, advice, together with the

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pecuniary values of the losses thereof, and the inheritance of the decedent, loss oflife'spleasures, loss of enjoyment of life, and damages for mental anguish and mental pain and

suffering, and the heirs and distributees of the decedent's estate were caused to incur othernecessary and reasonable expenses as a result of the decedent's death, including, but not limitedto, funeral and burial costs, and were otherwise damaged, and the within action is also broughtby Plaintiffs Scott A. Maurer and Theresa A. Maurer, individually and in their own right, for alldamages recoverable under the applicable law for them and for all beneficiaries and potentialbeneficiaries of the decedent

37, Defendant's failures, as set forth herein, was, in part, a proximate and legal causeand substantial factor in the causing of Plaintiffs' decedent's injuries, damages and losses and assuch, defendant is strictly liable in tort to Plaintiffs.

38. As a direct and proximate result of the foregoing failures of the defendant, in part,and jointly and/or severally, the subject aircraft crashed resulting in injuries to and the death ofPlaintiffs' decedent, all for which the Plaintiffs, Plaintiffs' decedent's estate and the statutorybeneficiaries and/or next of kin thereof, and/or any other individual entitled to recover, seekdamages, compensation and financial recovery as previously alleged and as permitted byapplicable law.

WHEREFORE, plaintiffs, Scott A. Maurer and Theresa A. Maurer, demand judgment forall damages allowed under the applicable law against the defendant Bombardier in excess of thejurisdictional limitations of this Honorable Court, in addition to interest, costs of suit, attorneys'fees and for such other and further relief as the court deems just

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AS AND FOR A THIRD CAUSE OF ACTIONFOR BREACH OF WARRANTY AGAINST

DEFENDANT BOMBARDIER39. Plaintiffs repeat, reiterate and reallege each and every allegation contained in

paragraphs"1" through "38" as if fully set forth herein at length.40. Prior to February 12, 2009, defendant Bombardier expressly and/or impliedly

warranted and represented that the subject aircraft and its component parts and systems,including, but not limited to, the subject aircraft's anti-icing and de-icing systems, Hight controlsystems, and its stall warning and protection system, and their associated components, and theirattendant instructions, were airworthy, of merchantable quality, and/or fit and safe for thepurposes for which they were designed, manufactured, assembled, inspected, tested, distributed,sold, serviced, maintained, and/or repaired, intended and used, and defendant Bombardier furtherwarranted that the subject aircraft and its component parts and systems, including, but notlimited to, the subject aircraft's anti-icing and de-icing systems, Hight control systems, and itsstall warning and protection system, and their associated components, and their attendantinstructions, were free from all defects.

41. Defendant Bombardier breached said warranties in that the subject aircraft and itscomponent parts and systems, including, but not limited to, the subject aircraft's anti-icing anddc-icing systems, Hight control systems, and its stall warning and protection system, and theirassociated components, and their attendant instructions, were not airworthy, of merchantablequality, and/or fit and safe for the purposes for which they were designed, manufactured,assembled, inspected, tested, distributed, sold, serviced, maintained, and/or repaired, intendedand used and further were not free from all defects, and said breaches of warranty, caused, inpart, the crash injuries and death of Plaintiffs' decedent.

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g g

42, As a direct and proximate result of the foregoing, there was a measurable andsignificant period of time prior to the Plaintiffs' decedent's death during which decedent, LorinA, Maurer, sustained significant personal injuries, including conscious and physical pain andsuffering, pre-impact fright and terror, fear of impending death, post-impact fright and terror,mental anguish, emotional distress, and other severe injuries for a measurable period of timeprior to her death, for which the defendant is liable, jointly and/or severally, with no negligenceon the part of the decedent contributing thereto,

43, As a direct and proximate result of the foregoing, the estate of Lorin A Maurer,the heirs and distributees of the decedent's estate, as well as anyone entitled to recover under theapplicable law, represented by the Plaintiffs, Scott A, Maurer and Theresa A Maurer, as CoAdministrators Ad Prosequendum of the Estate of Lorin A. Maurer, deceased, are seeking allwrongful death and survival damages under the applicable law, including, but not limited to, alleconomic and non-economic damages, including the loss of the gross earning power of thedecedent, the loss of past earnings, the loss of future eamings and earning capacity, loss ofaccumulations, full pecuniary loss of the decedent, loss of income, support, society, love, grief,consortium, services, guidance, care, comfort, companionship, advice, together with thepecuniary values of the losses thereof, and the inheritance of the decedent, loss of life'spleasures, loss of enjoyment of life, and damages for mental anguish and mental pain andsuffering, and the heirs and distributees of the decedent's estate were caused to incur othernecessary and reasonable expenses as a result of the decedent's death, including, but not limitedto, funeral and burial costs, and were otherwise damaged, and the within action is also broughtby Plaintiffs Scott A, Maurer and Theresa A, Maurer, individually and in their own right, for all

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damages recoverable under the applicable law for them and for all beneficiaries and potentialbeneficiaries of the decedent.

44. Defendant' s failures, as set forth herein, was, in part, a proximate and legal causeand substantial factor in the causing of Plaintiffs' decedent' s injuries, damages and losses and assuch, defendant is liable for breach of warranties to Plaintiffs.

45. As a direct and proximate result of the foregoing failures of the defendant, in part,and jointly and/or severally, the subject aircraft crashed resulting in injuries to and the death ofPlaintiffs' decedent, all for which the Plaintiffs, Plaintiffs' decedent's estate and the statutorybeneficiaries and/or next of kin thereof, and/or any other individual entitled to recover, seekdamages, compensation and financial recovery as previously alleged and as permitted byapplicable law.

WHEREFORE, plaintiffs, Scott A. Maurer and Theresa A. Maurer, demand judgment forall damages allowed under the applicable law against the defendant Bombardier in excess of thejurisdictional limitations of this Honorable Court, in addition to interest, costs of suit, attorneys'fees and for such other and further relief as the court deems just.

AS AND FOR A FOURTH CAUSE OF ACTIONFOR PUNITIVE DAMAGES

46. Plaintiffs repeat, reiterate and reallege each and every allegation contained inparagraphs "1" through "45" as if fully set forth herein at length.

47. The actions and omissions ofthe defendants named herein, including their ownconduct as well as the actions and omissions of its officers, agents, servants and/or employees asset forth herein, were outrageous and grossly negligent and said defendants acted with wanton

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andlor reckless disregard for the safety of other persons, specifically including the Plaintiffs'decedent, and as such said conduct warrants the imposition of punitive damages.

48. One or more of the allegations of the outrageous, grossly negligent andlorreckless conduct of the defendants as alleged herein was a substantial factor in causing theinjuries and death of the Plaintiffs' decedent, Lorin A. Maurer, as described in this Complaint.

49. Based upon the foregoing, Plaintiffs are entitled to punitive damages pursuant tothe applicable law.

WHEREFORE, Plaintiffs, Scott A. Maurer and Theresa A. Maurer, demand judgment forpunitive damages as allowed under the applicable law against all of the defendants, jointlyandlor severally, in excess of the jurisdictional limitations of this Honorable Court, in addition tointerest, eosts of suit, attorneys' fees and for such other and further relief as the court deems just.

DEMAND FOR TRIAL BY JURYPlaintiffs demand a trial by jury on all claims.

Dated: February 4,20 II

By:

Respectfully submitted,

Bauteister (MB 1896)Dorothea M. Capone (DC 8582)BAUMEISTER & SAMUELS, P.c.Attorneys for PlaintiffsOne Exchange PlazaNew York, New York 10006Phone: (212) 363-1200Emails:mbaumeister0!baumeisterlaw.comtcapone0!baumeisterlaw.com

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mauer et al v. bombardier, inc. et al complaint

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