Express Air sues for damaged airplane

Steve Gonzalez Oct. 3, 2006, 5:44am

Express Air filed suit against Enterprise Leasing of St. Louis and Charles Arbeiter of Granite City over damage done to one of its aircraft.

According to the complaint filed by attorneys David Hylla and Tim Hulla of Edwardsville, Express Air parked a 1993 Mitsubishi Diamond IA Model MU-300 on the south side of Hangar Three at St. Louis Downtown Airport in Sauget on Sept. 26, 2003.

They claim that Arbeiter, an Enterprise employee, was operating a tan Ford Taurus station wagon on the south side of the hangar when he struck the aircraft that was parked.

Express Air claims the defendants breached their duty of care by:

  • failing to control and stop the vehicle in time to avoid a collision even though Arbeiter saw, or should have seen, that it was impending and had ample time and opportunity to avoid it;

  • failing to keep a proper lookout for other vehicles rightfully on the tarmac, particularly their aircraft;

  • operating the vehicle at an excessive rate of speed, greater than what is reasonable and proper, having no regard for traffic then and there on the tarmac; and

  • failing to train and instruct Arbeiter in the safe operation of a vehicle.

    "The damage to the aircraft was so severe it decreased the value of the aircraft significantly," the complaint states.

    Express Air is seeking damages in excess of $100,000, plus costs of the suit.

    The case has been assigned to Circuit Judge Andy Matoesian.

    06 L 861

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