In a verdict that is certain to give maintenance facilities incentive to review their policies and procedures, a Philadelphia jury has awarded Dr. Robert Marisco Jr. and his fiancée, Heather Moran, both of Akron, Ohio, $11.35 million in compensatory damages in a lawsuit that claimed that Winner Aviation's negligence contributed to a 2007 accident. The jury found Winner Aviation to be negligent and to have breached warranties in its inspection, maintenance and repair of a Cessna Skymaster and that the misconduct was a direct cause of an emergency, off-airport landing. The jury also found the plaintiff was 20 percent negligent in the accident.
On Aug. 8, 2007, the couple was flying back to Ohio in Marisco’s Cessna Skymaster when the rear engine on the centerline-thrust twin lost power shortly after takeoff from DeKalb-Peachtree Airport in Georgia. Attempts to restart the engine failed. Moran, a professional pilot with regional airline experience, attempted an off-airport emergency landing that resulted in the aircraft catching fire. Both occupants suffered disabling and disfiguring injuries, including third-degree burns covering nearly 40 percent of their bodies.