Anthony Longobardo v. AVCO Corporation
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiff’s Complaint (“Compl.”), Notice of Removal (Dkt. 1), Ex. A. This action relates to a plane crash in which Plaintiff suffered “severe, permanent and disfiguring injuries” to his body. Compl. ¶ 16. Plaintiff alleges that his injuries are a result of the engine failing, id. ¶ 21, and sued Defendant Avco Corporation (“Avco”), Defendant Lycoming Engines (“Lycoming”), Defendant Kelly Aerospace Inc. (“Kelly”), Defendant Consolidated Fuel Systems, Inc. (“CFS”), and Defendant Trimmer Aviation, LLC (“Trimmer”) (collectively, “Defendants”) for negligence, strict liability, and breach of implied warranty. See generally Compl.
CIVIL MINUTES – GENERAL
Case No. SA CV 19-01720-DOC-KES Date: March 12, 2020 Page
B. Procedural History Plaintiff originally filed his suit in Orange County Superior Court, case number 30-2019-01063700-CU-PL-CJC, on April 15, 2019. Compl. at 1. On September 09, 2019, Defendant Avco filed a Notice of Removal (Dkt. 1), based on diversity of citizenship under 28 U.S.C. § 1332. Plaintiff filed the instant Motion (Dkt. 8) on October 08, 2019. On October 28, 2019, Defendant…