110 W. New York Ave.
DeLand, FL 32720
386-734-4622
PHOTO COURTESY MARK GRANTHAM
Three minutes after — Publix customer Mark Grantham captured this image of smoke roiling from the Northgate Publix three minutes after an experimental aircraft crashed into the store roof April 2. The store, repaired and renovated, reopened for business June 28. Now, Publix has filed suit against the occupants of the aircraft, asking for unspecified damages.
Lawsuit alleges pilot didn't have needed training
By Pat Andrews
posted Jul 18, 2012 - 7:48:48pm
Publix has filed suit against the estate of the pilot and owner of the experimental aircraft that crashed into DeLand’s Northgate Publix April 2, alleging “millions of dollars” worth of damages. The suit does not specify the amount of money Publix is seeking.
Publix would not talk about the suit.
“We have a practice and policy of not commenting on pending litigation,” corporate spokesman Dwaine Stevens said.
The suit was filed against the estate of Kim Presbrey, a private pilot who purchased the Seawind 3000 amphibious experimental aircraft in January. Presbrey, 60, died May 26 from burns and other injuries sustained in the April 2 crash. The lawsuit also named Thomas Rhoades, a commercial pilot and a friend of Presbrey’s who was also in the plane. The National Transportation Safety Board (NTSB) has not said who was flying the small aircraft when it crashed into the Publix roof.
The suit states the crash caused more than $1 million in damages. The lawsuit also charges Presbrey did not have the training or experience to operate the 2002 kit-built plane, and that Presbrey and Rhoades failed to properly inspect the plane. When Presbrey purchased the plane in January, it had been unused for three years.
The NTSB is expected to complete its investigation of the crash in six months or so.
Presbrey and Rhoades were flying from Aurora, Ill., their home base, to Altamonte Springs for seaplane training April 1, when the plane’s transponder malfunctioned, and they stopped at the DeLand Municipal Airport to get it replaced.
Around 7:15 p.m. April 2, the plane departed from Runway 23 at the DeLand airport, about a mile from the Publix store.
Witnesses said the plane began its takeoff climb, then sputtered, rolled to the left, and crashed, nose-down, into the roof of the Publix, creating a 20-foot-long fireball. Three customers in the store were injured; two of them were released from the hospital that evening. No employees were injured.
The store, newly renovated, reopened June 28.
Reader Comments
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It will go back and forth for a year or two, until it settles, and they see what they can liquidate.
The pilot's family won't be forced to move or anything like that, but they could lose some assets, if they have much.
The ugly truth is that it's how the law works.
Guess that is what people don't understand.
(Good idea. Look up subrogation)
Or shut up. Florida is a joint and several state and liability is treated as a percentage of responsibility. Publix is not responsible for the actions of the pilot, co-pilot or manufacturer. However, if the defendant parties are to challenge the suit they are most likely going to file cross complaints to lessen their burden. Educate yourselves prior to making comments.
Second, it is most likely a liability issue for the insurance companies to hash out. That is why we should carry insurance, and the adjusters either hope you get your own lawyer, so they can get off the hook, or they hope to be able to settlle for equal or less than the full amount of coverage. If the coverage on the policies were "not enough" then they go after the estate, or whatever assets they can get.
Insurance companies hope and try not to let it go to court, because it would cost them more to fight it. (unless the estate and assets are huge) If the "liable" person doesn't get a lawyer then insurance has to provide one. Even tho the adjusters are supposed to evaluate the claim from all angles, they are still looking out for their own best interest not the insured.
The poor families involved can only pray it will settle, and that they not lose everything they own.
I was there the day of the crash, and while I was shaken by everything, I'm definetely NOT suing anybody for trauma or any other such thing.
I agree with the 1st couple posters... this family has lots a loved one and suffered through so much.
I'm a huge fan of publix stores, but this whole suit has now left me with a tarnished view.
I just got back from publix and I never felt better in my hole?! life.
THE FAMILY HAS LOST A HUSBAN AND FATHER.
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