Murphy Et Al V. Airway Air Charter, Inc Et Al

Case Background

On September 25, 2024, Richard C. Murphy III and Kathleen T. Murphy filed a personal injury lawsuit against Airway Air Charter, Inc., Venture Air Solutions, Inc., Alex Gutierrez, and Atlantic Aviation – Opa Locka LLC. They sought damages exceeding $30,000 due to the injuries Richard Murphy sustained as a passenger on an international charter flight to The Bahamas due to the Defendant’s negligence.

The case was filed in the United States District Court, Florida Southern (Miami). The case was assigned to Judge Beth Bloom and referred to Ch. Magistrate Judge Edwin G. Torres. [Case number: 1:23-cv-23654]

Cause

The Murphys resided in Miami-Dade County, Florida. Airway Air Charter, operating as Noble Air Charter, was a Florida corporation with its principal office in the same county. Venture Air Solutions, also a Florida corporation, had its main business located in Miami-Dade County. Alex Gutierrez, the pilot, was a Florida resident. Atlantic Aviation – Opa Locka LLC, conducting business as Atlantic Aviation, operated in Opa Locka, Florida.

Venture owned a 1977 Cessna 402B, identified by Registration No. N145TT, which was stored in Miami-Dade County before the incident. Noble Air Charter acted as the operator of this aircraft, while Gutierrez served as the pilot in command.

On January 5, 2022, Mr. Murphy was the sole passenger on the aircraft during the flight piloted by Gutierrez. Unfortunately, the aircraft ran out of fuel before reaching its destination, Chub Cay, The Bahamas. Gutierrez mismanaged the fuel, neglecting to switch tanks at the proper time. This negligence led to the aircraft crashing into the ocean. Consequently, Mr. Murphy suffered multiple severe injuries, including spinal fractures.

Injury

As a result of the crash, Plaintiff Murphy suffered multiple severe injuries, including spinal fractures. Murphy sustained serious bodily injuries, which included lacerations and fractures. He also experienced head and facial injuries. Additionally, he endured physical pain and suffering.

Damages

Richard C. Murphy III experienced significant pain and suffering, along with mental anguish and emotional distress. He faced permanent injuries and incurred medical expenses. Additionally, he lost wages and suffered past and future economic damages. His ability to enjoy life diminished both in the past and will continue to do so in the future.

The Defendants’ actions or omissions caused Murphy’s damages, as outlined under the Warsaw Convention and Hague Protocol.

Regarding Count III, Kathleen T. Murphy, the lawful wife of Richard C. Murphy III, suffered from the loss of her husband’s services. This loss included companionship, comfort, and society, all resulting directly from the Defendants’ actions and omissions.

Therefore, the Plaintiffs demanded judgment against Noble Air Charter; Venture Air Solutions, Inc.; Alex Gutierrez; and Atlantic Aviation. They sought compensatory damages and any additional damages to which they were entitled under applicable law.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Richard C Murphy, III | Kathleen T Murphy
    • Counsel for Plaintiff(s): Gabriel A Garay | Joel Stephen Perwin | Robert L. Parks
  • Defendant(s): Airway Air Charter, Inc dba Noble Air Charter | Venture Air Solutions, Inc | Alex Gutierrez | Atlantic Aviation – Opa Locka LLC dba Atlantic Aviation
    • Counsel for Defendant(s): Cecilia Torello | Juan Ricardo Serrano | Nicole Tucker Melvani | Rachel Cullen Ganz Walters | William J. Katt | Sergio R. Casiano , Jr.

Claims

Count I: Against Noble Under Article 17 of the Warsaw Convention

At the time of the incident, the Warsaw Convention governed international air travel. Both the United States and The Bahamas were part of this treaty. Richard Murphy was traveling internationally, which made the Convention applicable to his case.

According to Article 17, a carrier is responsible for damages if a passenger is injured during the flight or while getting on or off the aircraft. Murphy was on the plane when the incident occurred. The Convention states that a carrier cannot limit its liability for passenger injuries.

In this case, the limitation of liability did not apply because Murphy either never received a ticket or, if he did, it lacked the required information. The terms provided during the flight purchase did not mention the Convention or its liability limits.

Additionally, Murphy’s injuries were caused by Noble’s willful misconduct. Failing to fuel the aircraft properly constituted gross negligence under Florida law. Therefore, Noble was liable for all personal injury damages beyond the limits specified in the Convention.

Noble and its agents did not take the necessary steps to prevent Murphy’s injuries, which weakened any defense under the Convention. As a result, Murphy suffered serious injuries, including lacerations and fractures.

Count II: Against Gutierrez Under Article 17 of the Warsaw Convention

The Warsaw Convention also applied to Alex Gutierrez, the pilot. As the pilot-in-command, he was liable for any injuries sustained by passengers. Murphy’s injuries also resulted from Gutierrez’s negligence in ensuring there was enough fuel.

Count III: Vicarious Liability Against Venture

Venture Air Solutions owned the aircraft and allowed Gutierrez to operate it. Because of this, Venture was responsible for the negligence of both Noble and Gutierrez.

Count IV: Negligence Against Atlantic

Atlantic Aviation had a duty to refuel the aircraft properly. They breached this duty by failing to fill the correct fuel tanks and not providing enough fuel. As a result, Murphy suffered serious injuries.

Defense

The Defendants denied the allegations against them. Airway Air Charter, Inc., doing business as Noble Air Charter, and Alex Gutierrez argued that the Plaintiffs assumed the risk, which contributed to any injuries or damages they sustained. They claimed that any compensation the Plaintiffs might receive should be barred or reduced proportionately.

The Defendants also stated that any damages suffered by the Plaintiffs resulted from an act of God, such as adverse weather conditions, which were beyond their control.

The Defendants contended that the accident resulted from a sudden emergency and was unavoidable, for which they should not be held responsible.

Additionally, they argued that the Plaintiff was negligent for not wearing a safety shoulder harness. This negligence was either the sole cause or a contributing factor to the damages claimed, so any recovery should be barred or reduced based on comparative negligence.

Finally, the Defendants asserted that they took all necessary measures to prevent damage and that it was impossible to take any additional precautions.

Jury Verdict

On October 16, 2024, the nine-person jury unanimously found that Plaintiff Richard Murphy had been harmed due to Defendants Airway Air Charter, Inc. and Alex Gutierrez’s negligence. However, the jury cleared the allegations of negligence against Defendant Atlantic Aviation – Opa Locka LLC. However, the jury found comparative negligence on Plaintiff Murphy’s part.

The jury assigned the following percentage of negligence to the following parties:

  • Plaintiff Richard Murphy: 20%
  • Airway Air Charter, Inc dba Noble Air Charter: 40%
  • Alex Gutierrez: 40%

The following damages were awarded to Plaintiff Richard Murphy:

  • Past medical expenses: $12,888
  • Damages for bodily injury and pain and suffering, disability, and impairment sustained in the past and the future:  $1,160,000
  • Damages for mental anguish, inconvenience, and loss of capacity for enjoyment of life: $1,740,000.

The total award came up to $2,912,888.

On October 18, 2024, Judge Beth Bloom entered a final judgment in favor of Plaintiff Richard Murphy III and against Defendant Airway Air Charter, Inc. d/b/a Noble Air Charter for COunt I and Defendant Alex Gutierrez for Count II. The judgment stated that Plaintiff is entitled to $2,329,670.40 from the Defendants after taking into account 20% of comparative negligence.

On October 21, 2024, Judge Beth Bloom entered a final judgment in favor of Defendant Atlantic Aviation – Opa Locka LLC dba Atlantic Aviation clearing them of any liability.

Court Documents:

Available upon request