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Mon, Jun 16, 2008

Defunct South Florida Flight School Named In Wrongful Death Suit

Family Of Flight Student Killed in December Mid-Air Sues Kemper Aviation, FAA

More legal trouble is hitting the now defunct Kemper Aviation flight school formerly based at Lantana Airport in South Florida. The school was closed in March after federal investigations on three fatal accidents within six months put pressure on the busy flight academy.

The family of a flight student from India who died in a mid-air collision over the Everglades last year filed a wrongful death civil lawsuit on June 2 against Kemper Aviation and is considering a similar complaint against the Federal Aviation Administration.

As ANN reported in March, Kemper closed its doors and surrendered it’s operating certificate to the FAA following the third and final fatal accident in the string of accidents involving school aircraft, the final one claiming the life of a Kemper Aviation co-owner and three others.

The Palm Beach Post reports in the claim, the family of Cleon Alvares, 25, alleges the school was negligent in the December 8 crash between a Piper Twin Comanche and a Cessna 152 that Alvares piloted, said family attorney Hyram Montero. 

"Our investigation indicates the training provided to pilots and, specifically in this case, the maintenance of the aircraft either caused or contributed to the cause of the aircraft collision," Montero said. "We're looking at the FAA as well as Kemper."

The lawsuit seeks unspecified damages and also lists A.I.M. High LLC, the school's maintenance company, as a defendant, Montero said.

The family of Alvares also filed a mandatory notice of its intent to also sue the FAA several weeks ago for its role according to Montero.

"The tower obviously had a clear view through its radar that there were two aircraft that were in close proximity," Montero said. "So there are allegations that we will make in that lawsuit about how the tower handled the flight pattern in both of these cases."

Kathleen Bergen, an FAA spokeswoman, couldn't confirm whether a notice had been filed. "The FAA doesn't comment on pending litigation," she said.

FMI: Click Here to Read the NTSB Prelim Report 

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