Free Clerk's Judgment - District Court of Colorado - Colorado

Case 1:01-cv-02056-JLK

Document 212

Filed 06/29/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior Judge John L. Kane

Civil Action No. 01-cv-02056-JLK

UNITED STATES AVIATION UNDERWRITERS, INC., a New York corporation; PAUL LEADABRAND, an Idaho resident; and JEFLYN AVIATION, INC. dba ACCESS AIR, an Idaho corporation,

Plaintiffs, v.

PILATUS BUSINESS AIRCRAFT, LTD., a Colorado corporation; PILATUS FLUGZEUGWERKE AKTIENGESELLSCHAFT, a Swiss corporation; PILATUS AIRCRAFT, LTD., a Swiss corporation; PRATT & WHITNEY CANADA, INC., a Canadian corporation; and DOES 1 through 500, Inclusive,

Defendants.

JUDGMENT

This matter was tried from June 11, 2007 through June 21, 2007 to a duly empanelled jury of twelve, Senior Judge John L. Kane presiding. The parties stipulated that the fair market value of the Pilatus PC-12 aircraft was $3.1 million ($3,100,000.00) and that the reasonable fair market value of the personal property on the aircraft that was lost by plaintiff Paul Leadabrand was $3,023.35. Pursuant to the jury's verdict (Doc. 205), it is therefore ORDERED that:

Case 1:01-cv-02056-JLK

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1.

Judgment is entered in favor of plaintiff United States Aviation

Underwriters, Inc. against Pilatus, which, for purposes of trial and for liability the court defined as a single entity comprised of Pilatus Business Aircraft, Ltd., Pilatus Flugzeugwerke Aktiengesellschaft, and Pilatus Aircraft, Ltd., in the amount of $589,000.00. Liability is not joint and several as to the various Pilatus entities. However, the court expects that Pilatus will be forthcoming with its obligations under this Judgment and that it will not require Plaintiffs, for example, to execute the Judgment in Switzerland. If that expectation is not realized, the provisions in this Judgment may be reconsidered.

2.

Judgment is entered in favor of plaintiff United States Aviation

Underwriters, Inc. against defendant Pratt & Whitney Canada, Inc. in the amount of $930,000.00.

3.

Judgment is entered in favor of plaintiff Paul Leadabrand against Pilatus,

as defined and under the same terms and admonitions set forth in ¶ 1 above, in the amount of $574.44.

4.

Judgment is entered in favor of plaintiff Paul Leadabrand against

defendant Pratt & Whitney Canada, Inc. in the amount of $907.01.

5.

Prejudgment interest is awarded to USAU and Paul Leadabrand at the

statutory rate of 8% compounded annually from July 8, 2001 to June 29, 2007.

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6.

Postjudgment interest shall accrue at the legal rate of 4.98% per annum

from the date of entry of judgment until paid pursuant to 28 U.S.C. § 1961.

7.

Given the allocation of fault and in the exercise of the court' discretion, s

all parties shall bear their own costs and attorney fees.

Dated June 29, 2007.

FOR THE COURT: Gregory C. Langham, Clerk

By: s/ LaDonne Bush LaDonne Bush Deputy Clerk APPROVED:

s/ John L. Kane SENIOR U.S. DISTRICT JUDGE

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