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Family Of Man Killed In Plane Crash Sues

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By TODD LESKANIC, The Tampa Tribune

Published: February 13, 2008

DADE CITY - The family of a Zephyrhills man killed in August's crash of an experimental aircraft filed a wrongful death lawsuit Monday against the aircraft's owner, TampaBay Aerosport.

Bryan Lee Richardson and Sean Scott, both 21, died Aug. 28 after the Experimental Light Sport Aircraft piloted by Scott crashed near Megan Lane, just east of Zephyrhills.

The lawsuit blames the crash on TampaBay Aerosport, accusing the Zephyrhills company of negligence in aircraft maintenance, construction, operation and pilot oversight. Scott was an airplane pilot who had only recently earned the license necessary to fly the ELSA, and his estate is not listed as a defendant.

St. Petersburg lawyer Lynn Gibbons, counsel for Richardson's family, explained why on Tuesday.

"My investigation has shown that he's young and doesn't have any assets," Gibbons said. "His estate is not worth anything. There's no way for him to pay and, besides, this is a situation where he was an employee of the company who owned the plane."

But Abid Farooqui, president of Apollo North America - TampaBay Aerosport's corporate shell - said his assets don't add up to much, either. Farooqui, whose company is based at Zephyrhills Municipal Airport, said he carries no insurance on his aircraft because insurance companies don't cover them.

"It is a new company, and we have no assets," he said. "And the assets that we do have are hardly worth anything. They can take whatever we have, but that doesn't amount to anything."

Gibbons doesn't buy Farooqui's poor-mouthing.

"This guy is good at hiding his assets," she said.
Gibbons said she couldn't put a number on the damages she is seeking for the family. The case was filed in circuit court, meaning the amount is at least $15,000.

An ELSA is a larger version of an ultralight and can attain higher speeds, hold more fuel and fly at higher altitudes. Farooqui's company builds the aircraft, also called "trikes," and trains pilots to fly them.

Scott was working at TampaBay Aerosport and taking classes at the National Aviation Academy in St. Petersburg. He lived at Pilot Country in Shady Hills.

He and Richardson had met at a Subway where Richardson worked. The pair took off from the Zephyrhills airport at 6:15 p.m. on Aug. 28.

About 10 minutes later, a man working in a neighbor's yard not far from the crash site heard a loud cracking sound. He looked up and saw the aircraft's wings folded straight up. The craft rolled over twice and then plunged to the ground, the man told investigators with the National Transportation Safety Board. He also told them that the weather that day was clear.

NTSB and Federal Aviation Administration investigators have yet to issue a report on what caused the crash.

Farooqui said he is anxious to see the report.

Reporter Todd Leskanic can be reached at (352) 521-3156 or tleskanic@tampatrib.com.

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