Free Third Party Complaint - District Court of Connecticut - Connecticut

Case 3:03-cv-01013-SRU

Document 40

Filed 04/13/2004

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UNITED STATE DISTRICT COURT DISTRICT OF CONNECTICUT

MARSHALL AVIATION, LLC Plaintiff VS. AIG AVIATION, INC. and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA Defendants/Third-Party Plaintiffs VS. MJ AVIATION, LLC, LJ AVIATION, LLC and LOUIS PUGLIESE, JR. Third-Party Defendants

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CIVIL NO. 303CV1013(SRU)

APRIL 13, 2004

THIRD-PARTY COMPLAINT PARTIES 1. Defendant/Third-Party Plaintiff, AIG Aviation, Inc. (AIG), is a corporation

duly organized and existing under the laws of the State of Georgia, with its principal place of business in a state other than the State of Connecticut. 2. Defendant/Third-Party Plaintiff, The Insurance Company of the State of

Pennsylvania (ICSOP), is a corporation duly organized and existing under the laws of the State of
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29 South Main Street



STANGER & A RNOLD, LLP Suite 325 West Hartford, CT 06107 860.561.0650 Juris No. 419042




Facsimile: 860.561.0646

Case 3:03-cv-01013-SRU

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Filed 04/13/2004

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Pennsylvania, with its principal place of business in a state other than the State of Connecticut. 3. Third-Party Defendant, MJ Aviation, LLC, is a limited liability company duly

organized and existing under the laws of the State of Connecticut, with its principal place of business at 1 Wallingford Road, Danbury, Connecticut 06810. 4. Third-Party Defendant, LJ Aviation, LLC, is a limited liability company duly

organized and existing under the laws of the State of Connecticut, with its principal place of business at 1 Wallingford Road, Danbury, Connecticut 06810. 5. Third-Party Defendant, Louis Pugliese, Jr. (Pugliese), is a resident of Connecticut,

and/or a member, employee and/or agent of MJ Aviation, LLC and/or LJ Aviation, LLC. JURISDICTION AND VENUE 6. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 1332 and 1367(a),

and the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 7. Venue in this Court is proper pursuant to 28 U.S.C. § 1391. CLAIMS 8. At all relevant times MJ Aviation, LLC and LJ Aviation, LLC were engaged in the

business of servicing and repairing aircraft. 9. At all relevant times Pugliese, individually and/or as an employee or agent of MJ

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29 South Main Street



STANGER & A RNOLD, LLP Suite 325 West Hartford, CT 06107 860.561.0650 Juris No. 419042




Facsimile: 860.561.0646

Case 3:03-cv-01013-SRU

Document 40

Filed 04/13/2004

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Aviation, LLC and/or LJ Aviation, LLC, was engaged in the business of servicing and repairing aircraft. 10. On or about November 14, 2002, Third-Party Defendants, their employees and/or

agents performed an annual inspection and routine maintenance on Plaintiff, Marshall Aviation, LLC's 1974 Beech Baron 58 aircraft (aircraft), and Third-Party Defendants installed the aircraft battery backwards, causing a reverse polarity condition that damaged the aircraft's electronics and avionics. 11. On or about June 9, 2003, Plaintiff commenced this action to recover under

Plaintiff's insurance policy with ICSOP for Plaintiff's alleged damages caused by Third-Party Defendants' negligent battery installation. 12. Plaintiff's alleged damages were caused by Third-Party Defendants' negligent

aircraft battery installation. 13. By Plaintiff's insurance contract with ICSOP, Defendants/Third-Party Plaintiffs seek their subrogation recovery rights against Third-Party Defendants to the extent of Plaintiff's alleged damages. 14. Third-Party Defendants are liable to Defendants/Third-Party Plaintiffs by way of

subrogation and for indemnity to hold Defendants/Third-Party Plaintiffs harmless for all sums they may pay and expenses they have and will incur with respect to Plaintiff's alleged damages.

3

29 South Main Street



STANGER & A RNOLD, LLP Suite 325 West Hartford, CT 06107 860.561.0650 Juris No. 419042




Facsimile: 860.561.0646

Case 3:03-cv-01013-SRU

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Filed 04/13/2004

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WHEREFORE, Defendants/Third-Party Plaintiffs claim as to all Third-Party Defendants: 1. 2. 3. 4. 5. Compensatory damages; Attorney's fees; Interest; Costs; and Such other relief that law or in equity doth appertain.

DEFENDANTS/THIRD-PARTY PLAINTIFFS AIG AVIATION, INC. and THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

BY__________________________ Steven E. Arnold, ct07966 [email protected] Peter Van Dyke, ct24747 [email protected] Stanger & Arnold, LLP 29 South Main Street West Hartford, CT 06107 Tel. (860) 561-0650 Fax. (860) 561-0646 Their Attorneys

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29 South Main Street



STANGER & A RNOLD, LLP Suite 325 West Hartford, CT 06107 860.561.0650 Juris No. 419042




Facsimile: 860.561.0646

Case 3:03-cv-01013-SRU

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Filed 04/13/2004

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CERTIFICATION I hereby certify that a copy of the foregoing was mailed, postage prepaid, to the following counsel of record on April 13, 2004: Robert J. O'Brien, Esq. Jonathan E. Snyder, Esq. Gordon, Muir and Foley, LLP 10 Columbus Boulevard Hartford, CT 06106

Steven E. Arnold

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29 South Main Street



STANGER & A RNOLD, LLP Suite 325 West Hartford, CT 06107 860.561.0650 Juris No. 419042




Facsimile: 860.561.0646