Hawker Beechcraft Bonanza G36
TYLER - After discovering a crack in the engine of his private plane, an East Texas attorney has filed a lawsuit against the manufacturer claiming the company did not disclose known defects.
After a $32,250 settlement offer was rejected, T. John Ward Jr. and T. John Ward Jr. P.C. filed a lawsuit against Teledyne Continental Motors Inc. on July 29 in Greg County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on Aug. 25.
Ward purchased a 2007 Hawker Beechcraft Bonanza G36, single engine aircraft on Dec. 15, 2009, primarily for business. The engine carried a 36-month or 1,000-hour warranty.
At the time of purchase, there was a total of 166 flight hours logged on the Teledyne Continental Motors engine. Ward states that he had the engine inspected and no cracks or other defects were reported or found.
The court documents state that Ward has properly maintained the aircraft his 2009 purchase. When he discovered the crack in the crankcase in March 2011, there were a total of 502 hours logged on the engine.
According to the lawsuit, a service bulletin was issued in May 2009 that addressed confirmed reports of cracks in crankcases. Ward argues that the crack discovered in his plane is identical to the crack indicated in the bulletin. The bulletin states that the warranty coverage was only applicable for through June 1, 2010.
The defendant is accused of fraud by non-disclosure for concealing a known defect with the engine. The defendant is further accused of violating the Texas Deceptive Trade Practices Act by engaging in false, misleading and deceptive acts and practices and unconscionable actions.
The East Texas attorney is asking the Court for an award of economic damages, treble damages, interest, court costs and attorney's fees.
The plaintiff is represented by Gregory P. Love of Stevens Love in Longview. A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 6:11-cv-00438