Cause No. ____________ Astorre Visani and Carmen Allegretti Individually, and as Representatives of the Estate of Luca Visani, Deceased

Plaintiffs. vs. Sky Mates, Inc., a Texas Corporation and Skymates, Inc., a Delaware Corporation, Defendants.

§ § § § § § § § § § § § § § §

In the District Court Of

Eastland County, Texas

________Judicial District

PLAINTIFFS’ ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COME NOW the Plaintiffs, Astorre Visani and Carmen Allegretti, Individually and as Legal Representatives of the Estate of Luca Visani, Deceased; referred to hereinafter as “Plaintiffs,” complaining of Sky Mates, Inc., a Texas Corporation; and Skymates, Inc., a Delaware Corporation, all collectively referred to hereinafter as “Defendants.” I. Discovery Control Plan Counsel represent that this is a Level 3 case with discovery intended to be conducted under Level 3 of Texas Rule of Civil Procedure 190.4. II. Jury Demand The Plaintiffs respectfully demand a trial by jury.

III. Parties Plaintiffs, Astorre Visani and Carmen Allegretti, are the natural parents of Luca Visani, Deceased, who died on or about November 15, 2007. They file this suit in their individual capacity, as representatives of their natural child Luca Visani, and in a representative capacity for the estate of Luca Visani, Deceased, pursuant to the Texas Wrongful Death Statute, TEX. CIV. PRAC. & REM. CODE ANN. sec. 71.001, and on behalf of themselves and all other heirs and beneficiaries under the Texas Survival Statute, TEX. CIV. PRAC. & REM. CODE ANN. sec. 71.021. The Plaintiffs are all living heirs of Luca Visani, Deceased, and each of them is domiciled in Italy. 2.

Defendant Skymates, Inc., is a Delaware corporation which has its

principal office in Tarrant County, Texas and which has committed a tort in Texas. Its registered agent National Registered Agents, Inc., should be served by certified mail, return receipt requested, at its duly appointed address for service of 160 Greentree Drive, Suite 101, Dover, DE 19904. Service is requested at this time. 3.

Defendant Sky Mates, Inc., is a Texas corporation which has its principal

office in Tarrant County, Texas and which has committed a tort in Texas. Its registered agent Gianluca Fausti, should be served by certified mail, return receipt requested, at its duly appointed address for service of 2290 West Hicks Road, Suite 3, Fort Worth, TX 76131. Service is requested at this time. IV. Nature of the Case, Jurisdiction, and Venue 1.

This is a general negligence suit against the Defendants to recover

damages suffered by the Plaintiffs, Astorre Visani and Carmen Allegretti, Individually and as Legal Representative of the Estate of Luca Visani, Deceased, all collectively

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referred to as “Plaintiffs.” The Plaintiffs suffered these damages as a result of the Defendants’ negligent hiring, retention and failure to stop their instructor pilot, William Robert Davey, from repeatedly performing unauthorized, improper and dangerous aerobatic maneuvers with Defendants’ airplanes placing Luca Visani in grave danger in Defendants’ airplanes. As a result of Defendants’ negligence the Piper Model PA-28-R200, registration number N55307 crashed on or about November 15, 2007, near Ranger, Texas, killing all on board, including Luca Visani who was a student pilot. 2.

This Court has jurisdiction over the subject matter and the parties.

3.

Venue is proper in Eastland County, Texas pursuant to Texas Civil Practice

and Remedies Code §15.002(a)(1) in that all or a substantial part of the events complained of herein occurred in Eastland County, Texas. 4.

Plaintiffs Astorre Visani and Carmen Allegretti, Individually, as Legal

Representative of the Estate of Luca Visani, Deceased, have standing as heirs of Luca Visani under the Texas statutes of descent and distribution to assert claims under the under the Texas Survival Statute, TEX. CIV. PRAC. & REM. CODE ANN. sec. 71.021. Specifically, the estate of Luca Visani has been established and the legal heirs of the decedents have been determined by Texas probate law. V. Liability Facts On or about November 15, 2007, three (3) individuals, William Robert Davey, the instructor pilot, an employee of Defendants (hereinafter referred to as “instructor pilot”), Luca Visani, a student pilot and Andrea Venturini, a passenger, took off from the Arlington Municipal Airport on the early afternoon of November 15, 2007. The airplane they were in was a Piper PA-28-R-200 aircraft, registration number N55307, which was

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registered to Skymates, Inc. of Dover, Delaware and operated by Sky Mates, Inc., of Arlington, Texas. It was a clear Texas autumn day with little or no cloud cover and minimal wind. A visual flight rules plan was filed for the instructional flight. The flight originated at Arlington Municipal Airport at approximately 1348 hours. The flight plan indicated that the destination was the Abilene Regional Airport near Abilene, Texas. Just after 3:00 pm the Piper registration number N55307 experienced a midair catastrophic structural failure and ultimately crashed. The aircraft debris field covered about a square mile with the majority of the wreckage including the main fuselage coming down approximately one and a half miles south of Interstate 20 near Texas Highway 16 about nine miles from the airport in Ranger, Eastland County, Texas. Military radar data obtained through the Freedom of Information Act (FOIA) identified five maneuvers the airplane made shortly before the catastrophic structural failure of the airplane’s wings. It has been determined by the National Transportation Safety Board (NTSB) that the radar analysis shows that the last maneuver attempted by the instructor pilot exceeded the airplanes’ maximum maneuvering speed of 116 knots calibrated airspeed when the airplane pitched nose down and exceeded 134 knots calibrated airspeed before it disappeared from radar and crashed. The Texas Department of Public Safety as well as the Eastland County Sherriff’s Department initially responded to the accident scene. In addition, a local fire fighting response team was called to the scene to extinguish a small brush fire thought to have been started by leaking fuel from the engine. During the midair breakup of the aircraft the flight instructor Mr. Davey and Luca Visani became separated from the main fuselage. Their bodies were found in separate

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locations away from the main fuselage. Andrea Venturini remained belted in the back seat and was found still belted inside the fuselage. It was quickly discovered that there were no survivors from the crash. The bodies were removed to the Tarrant County Medical Examiner’s office for autopsy. It was subsequently determined by the Coroner’s office that Luca Visani, Andrea Venturini and William Robert Davey, all died from blunt force trauma resulting from the crash. An onsite investigation was conducted by the Department of Public Safety, National Transportation Safety Board, Federal Aviation Administration, the New Piper Aircraft Company and Lycoming Engines. The initial examination revealed that the wings outboard of the wing fuel cells experienced a catastrophic structural failure and separated from the main wing body. Weather was not a factor in this tragic crash. VI. Cause of Action A. General Negligence 1.

Plaintiffs reallege and incorporate by reference each allegation contained

in the paragraphs above and further allege as follows. 2.

The Defendants were negligent in hiring, retaining and allowing its

employee and instructor pilot, William Robert Davey, to repeatedly perform unauthorized and improper and dangerous aerobatic maneuvers with Defendants’ airplanes while Defendants’ students were on board Defendants’ airplanes. 3.

The Defendants breached their duty to Plaintiffs when they failed to fire

William Robert Davey, because the Defendants had prior knowledge of Mr. Davey’s repeated unauthorized and improper maneuvers.

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4.

The Defendants breached their duty to Plaintiffs when they failed to

reprimand or instruct William Robert Davey, not to do dangerous and unauthorized maneuvers because the Defendants had prior knowledge of Mr. Davey’s repeated unauthorized and improper maneuvers. 5.

At the time of the airplane’s departure from Arlington Municipal Airport

on November 15, 2007, Mr. Davey was an employee of Defendants and was acting within the course and scope of his employment with the Defendants at all times material hereto. Defendants are therefore liable under the theory of Respondeat Superior for the negligent conduct and action of its employee William Robert Davey. 6.

Luca Visani died as a direct and proximate result of the Defendants’

negligence, and the negligence of its employee, William Robert Davey. 7.

Wherefore, the Plaintiffs respectfully pray for damages as set forth below.

B. Violation of the Deceptive Trade Practice and Consumer Protection Act and Remedies Code Title 2, Chapter 17, Subchapter E, Section 17.46 1.

The Plaintiffs reallege and incorporate by reference each allegation

contained in the paragraphs above and further allege as follows. 2.

At all times material hereto, the Defendants were engaged in the training

of student pilots to enable the students to obtain pilot licenses. 3.

The Defendants, acting through their officers, agents, servants,

representatives, or employees, provided instructor pilots to train the student pilots in the proper and safe operation and use of Defendants airplanes. 4.

The Defendants negligently and recklessly misrepresented various material

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facts regarding the quality and character of their services, under circumstances where the Defendants either knew or, in the exercise of reasonable care, should have known that the representations were not true or were not known to be true. These misrepresentations were contained in various advertising, packaging, and correspondence from the Defendants, and such misrepresentations were further reiterated and disseminated by the officers, agents, representatives, servants, or employees of the Defendants acting within the course and scope of their authority. 5.

Specifically, Defendants represented and advertised that their flight school

represents “top-quality, professional flight training.” 6.

Defendants violated TEXAS CIVIL PRACTICE AND REMEDIES CODE §17.45

(A) (7) (9) by representing that Defendants flight instructor, and in particular William Robert Davey was “top-quality or professional.” 7. In reliance upon these misrepresentations, the Plaintiffs, enrolled in pilot training classes. Had the Plaintiffs, or others known the true facts, including, but not limited to, the fact that the Defendants allowed its instructor to engage in unauthorized aerobatic maneuvers the Plaintiffs would not have decided to use the Defendants training school, or made other arrangements to make sure unauthorized aerobatic maneuvers were not done. 8.

The Defendants willfully, falsely, and knowingly misrepresented material

facts relating to the character and quality of their instructors, and others substantially similar to them. These misrepresentations are contained in various media advertising.

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9.

The National Transportation Safety Board, in their final report has stated

that Defendants instructor pilot, Mr. Davey, was warned by other instructors to stop doing dangerous aerobatic maneuvers and to stop endangering student-pilot’s lives. 10.

Defendants, however, took no remedial or corrective action and simply

allowed its employee and instructor pilot to continue his reckless and dangerous course of conduct which ultimately caused the death of three (3) individuals, including Luca Visani. 11.

Wherefore, the Plaintiffs pray for damages as set forth below. VII. Damages

1.

2.

The Plaintiffs bring this suit in the following capacities: a.

Individually and in their own right;

b.

As Heirs or Representatives of the Estates of Luca Visani;

c.

As surviving parents or heirs of the Estate of Luca Visani;

d.

In all capacities authorized by law, including statutory beneficiaries under the Texas Wrongful Death Act, and heirs and authorized representatives under the Texas Survival Statute and Italian law.

In addition to the general statutory and common laws of the state of Texas,

this action is brought pursuant to Chapter 71, Section 71.002 of the TEXAS CIVIL PRACTICE

AND

REMEDIES CODE, commonly referred to as the “Wrongful Death Act,”

Chapter 71, Subchapter B, 77.021, of the TEXAS CIVIL PRACTICE AND REMEDIES CODE, commonly referred to as the “Survival Statute” and Violation of the Deceptive Trade Practice and Consumer Protection Act and Remedies Code Title 2, Chapter 17, Subchapter E, Section 17.46. It is pursuant to these statutes that Plaintiffs Astorre Visani and Carmen Allegretti, Individually, and as Legal Representatives of the Estate of Luca

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Visani, Deceased, now assert their claims against the Defendants. Luca Visani ultimately died as a result of the occurrence in question and, as such, incurred reasonable funeral and burial costs.

Your Plaintiffs have also lost all such other related damages and

injuries which are recoverable by law, all for which the Plaintiffs here and now pray. Your Plaintiffs also seek to recover general damages for the acts or omissions described herein.

Your Plaintiffs seek to recover costs of suit and attorney’s fees for the

prosecution of this action, as well as pre-judgment and post-judgment interest on any amount authorized by law and all damages recoverable under the violation of the Deceptive Trade Practice and Consumer Protection Act and Remedies Code Title 2, Chapter 17, Subchapter E, Section 17.46 to which Plaintiffs are entitled. Finally, your Plaintiffs seek any other legal or equitable relief which this Honorable Court deems proper. VIII. Jurisdictional Amount

By reason of the facts alleged herein, the Plaintiffs have been made to suffer and sustain injuries and damages at the hands of these Defendants in excess of the minimum jurisdictional limits of this court and in an amount to be determined by the jury in this case and as the evidence may show proper at the time of the trial. IX. Pre-and-Post Judgment Interest Sought The Plaintiffs further sue for the recovery of all interest allowed at law, including pre-judgment and post-judgment interest.

X. Conditions Precedent Satisfied

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The Plaintiffs allege that all conditions precedent to the maintenance of this action have been met or satisfied, in accordance with Rule 54 of the TEXAS RULES

OF

CIVIL

PROCEDURE. XI. Right to Amend Furthermore, the Plaintiffs would state that because of the nature and complexity of this incident, Plaintiffs reserve the right to, based upon additional information during the course of discovery, amend these pleadings to include additional parties as appropriate, omit parties as appropriate, amend claims, allegations, causes of action, names, and grounds for recovery in accordance with the TEXAS RULES

OF

CIVIL

PROCEDURE. XII. Prayer WHEREFORE, the Plaintiffs pray that the Defendants be cited to appear and answer herein; that upon a final hearing, Plaintiffs have and recover from the Defendants for all damages as set forth herein, costs of Court, both pre-judgment and post-judgment interest at the legal rate allowed by law and all damages, and for such and other relief, general or special, legal or equitable, to which Plaintiffs may show themselves justly entitled to receive.

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DATED _____ day of April, 2009 Respectfully submitted, LAW OFFICES OF RANDY G. ALLEN, P.C. ________________________________ Randy G. Allen, SBOT # 01048750 1005 Heights Blvd. Houston, TX 77008 Phone: (713) 529-0048 660 Southpointe Ct. Ste. 301 Colorado Springs, CO 80906 Phone: (719) 527-9899 ATTORNEY FOR PLAINTIFF

________________________________ Claudio R. Roman, SBOT # 17222200 515-A S. Fry Rd., Suite 252 Katy, TX 77450 Phone: (713) 299-7075 Facsimile: (832) 553-2803 ATTORNEY FOR PLAINTIFF

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