Members of a Provo family injured in an airplane crash in 1988 are suing the city for more than $1.6 million.
Attorneys for Charles R. Warren, his wife, Gwen E. and son, Shawn, filed suits against the city on Sept. 4 and Sept. 10 in 4th District Court in Provo. They also filed identical suits in U.S. District Court in Salt Lake City.The Warrens leased a Cessna 172 airplane from the Western Flying Club, located at the Provo Municipal Airport, on Sept. 10, 1988. They flew to the Lander County Airport in Battle Mountain, Nev., for refueling before proceeding to California.
Shortly after take-off, the plane crashed into Battle Mountain. All the Warrens were injured in the accident.
Defendants named in the suits are Provo City Corp.; James Mathis, municipal airport manager; Michael McPhie, owner Western Flyers and Western Flyers Flying Club; and Donald Connelly, owner, Lander County Aviation.
Charles R. Warren is also named as a defendant in the suit filed on behalf of his wife and son.
The suits contend Western Flyers leased the Warrens an aircraft that was wrongfully serviced, maintained, dispatched and fueled. Western Flyers also operated contrary to and in violation of city ordinances, and state and federal regulations and standards, the suits charge.
The suits also charge the company and its owner with fraud, misrepresentation and breach of lease agreement and warranties.
The suits charge Lander County Aviation with negligently servicing and fueling the plane during its stop there.
Provo City, according to the suits, failed to: ensure that Western Flyers Flying Club provided the Warrens with an airworthy aircraft; warn the family the craft they leased was not in compliance with applicable regulations and standards; and warn them it had not been properly maintained and serviced.