The son of Laurese Perkins, one of the passengers on ValuJet Flight 592 that crashed en route to Miami, filed this May 14, 1996 wrongful death suit, claiming that the airline and its maintenance contractor are negligent.

 
IN THE CIRCUIT COURT OF THE ELEVENTH 
JUDICIAL 
CIRCUIT IN AND FOR DADE COUNTY, FLORIDA 
GENERAL 
JURISDICTION DIVISION CASE NO. 96-9546-CA 10 
 
 
BRANDON PERKINS, Individually and as Administrator 
and/or 
Personal Representative of the Estate of LAURESE 
PERKINS, 
deceased, 
 
Plaintiff, 
 
vs. 
 
VALUJET AIRLINES, INC., a Georgia corporation; and 
AEROTHRUST CORPORATION, a foreign corporation, 
with its 
principal place of business in Dade County, Florida, 
 
Defendants. 
 
__________________________________/ 
 
CORRECTED 
 
COMPLAINT FOR DAMAGES FOR WRONGFUL 
DEATH 
 
Plaintiff, BRANDON PERKINS, Individually and as 
Administrator 
and/or Personal Representative of the Estate of LAURESE 
PERKINS, deceased, sues Defendants, VALUJET 
AIRLINES, 
INC. and AEROTHRUST CORPORATION, a foreign 
corporation 
with its principal place of business in Dade County, Florida, 
and 
alleges as follows: 
 
 
GENERAL ALLEGATIONS APPLICABLE TO ALL 
COUNTS 
 
1. This is an action for wrongful death brought pursuant to 
the Florida Wrongful Death Act and any other applicable 
laws as determined by the Court. Plaintiff's damages are in 
excess of $50,000.00, exclusive of interest, costs and 
attorneys' fees. 
 
2. At all times material, Plaintiff, BRANDON PERKINS, 
was, is and/or will be the duly appointed Administrator, 
Executor and/or Personal Representative of the Estate of 
LAURESE PERKINS, deceased. 
 
3. At all times material, Plaintiff, BRANDON PERKINS, is 
the son of the decedent. 
 
4. At all times material, Plaintiff's decedent, LAURESE 
PERKINS, was a United States citizen and was and/or is for 
jurisdictional purposes a resident of Miami, Florida, 
temporarily residing in Mattson, Illinois. 
 
5. As Administrator, Executor and/or Personal 
Representative of decedent's estate, Plaintiff brings this 
action for the decedent's wrongful death in his representative 
capacity, on behalf of the following potential survivors 
and/or beneficiaries: 
 
a. Brandon Perkins, son of decedent;b. Helene Perkins, 
daughter of decedent; and 
c. Eugene G. Perkins, son of decedent. 
 
6. Defendant, VALUJET AIRLINES, INC. ("VALUJET 
AIRLINES"), was at all times material and is now a 
corporation organized and existing under the laws of the 
State of Georgia, having offices and doing business in the 
State of Florida, Dade County, as a common carrier in air 
transportation pursuant to an operating certificate issued to it 
by the Federal Aviation Administration ("FAA"). 
 
7. VALUJET AIRLINES maintains a registered agent in 
Florida for accepting service of process; such registered 
agent is C T CORPORATION SYSTEM, 1200 South Pine 
Island Road, Plantation, Florida 33324. 
 
8. At all times material, VALUJET AIRLINES was and is a 
common carrier engaged in the business of transporting fare-
paying passengers from Miami, Florida, and other places on 
regularly scheduled domestic flights, in aircraft owned, 
leased, operated, managed, maintained, and/or controlled by 
VALUJET AIRLINES, and its agents and/or employees, 
acting within the course and scope of their employment. As 
a common carrier, VALUJET AIRLINES was obliged to 
provide the highest degree of care to its passengers. 
 
9. At all times material, VALUJET AIRLINES was the 
owner, lessee, operator, and/or entity in control of a certain 
DC-9 aircraft, a dangerous instrumentality, bearing 
registration number N904VJ which was used to transport 
passengers as a common carrier on May 11, 1996, and 
which aircraft VALUJET AIRLINES operated, maintained, 
and/or otherwise controlled by and through its agents or 
employees, acting within the course and scope of their 
employment. 
 
10. At all times material, the Defendant, AEROTHRUST 
CORPORATION ("AEROTHRUST") was and is a foreign 
corporation authorized and doing business in the State of 
Florida with its principal place of business located at 5300 
N.W. 36th Street, Miami, Dade County, Florida. 
 
11. AEROTHRUST maintains a registered agent in Florida 
for accepting service of process; such registered agent is C T 
CORPORATION SYSTEM, 1200 South Pine Island Road, 
Plantation, Florida 33324. 
 
12. At all times material, AEROTHRUST was and is a 
company which services and inspects airplanes including 
VALUJET AIRLINES' aircraft and specifically the 
aforementioned DC-9 aircraft involved in this accident. 
  
13. In particular, VALUJET AIRLINES had 
AEROTHRUST perform maintenance on this aircraft and 
other VALUJET aircraft in Dade County, Florida. 
 
14. Plaintiff's decedent was a paying passenger on board the 
above-described aircraft, a flight in domestic transportation 
between Miami, Florida, and Atlanta, Georgia, and was 
killed when the aircraft crashed near Miami, Florida, in the 
Florida Everglades, on May 11, 1996. 
 
15. As a direct and proximate result of the crash, and 
Defendants' negligence and other misconduct as hereinafter 
alleged, Defendants are liable to the Plaintiff for all damages 
to which the estate, or the survivors and/or beneficiaries are 
entitled, including, as applicable law may provide, but not 
limited to: 
 
a. pain and suffering of the decedent prior to death; 
 
b. pain and suffering of the survivors, beneficiaries and heirs 
of decedent; 
 
c. lost society, companionship, guidance and services of the 
decedent to the survivors, beneficiaries and heirs; 
 
d. loss of support in money or in kind; 
  
e. lost net accumulations; 
 
f. lost value of life; 
 
g. funeral expenses; 
 
h. any and all other damages to which Plaintiff, the survivors 
and/or beneficiaries may be entitled which this Court may 
find applicable. 
 
 
COUNT I - NEGLIGENCE AND VICARIOUS 
LIABILITY AGAINST VALUJET AIRLINES 
 
16. At all times material, VALUJET AIRLINES owed a 
duty to the passengers aboard Valujet Airlines Flight 592 
and in particular to Plaintiff's decedent, to operate and 
control the subject aircraft, on the ground and in the air, with 
the highest degree of care, and to exercise the highest degree 
of care to prevent injury of any kind. 
 
17. The aircrash which occurred on May 11, 1996, and 
which resulted in the death of the Decedent, was a direct and 
proximate result of the negligence and other misconduct 
hereinafter alleged of VALUJET AIRLINES. 
 
18. VALUJET AIRLINES, by and through its agents, 
employees, and representatives, breached the duty of care 
owed to Plaintiff in some or all of, but not limited to, the 
following regards: 
 
a. By operating the aircraft in question when it was not fully 
and properly operational, including, but not limited to, its 
indicator systems; 
 
b. By operating the aircraft in question with a flight crew 
which was not fit, proper, properly trained, nor physically 
able to perform flights of this type; 
 
c. By failing to provide and/or perform proper and adequate 
maintenance and/or repairs to the subject aircraft;  
 
d. By failing to properly inspect the subject aircraft on a 
regular and timely basis; 
 
e. By failing to properly test the instruments, controls, 
and/or equipment installed on said aircraft to insure that they 
were in good and proper working order; 
 
f. By failing to replace and/or overhaul old worn out and 
unsuitable components, equipment, instruments, and/or parts 
on the subject aircraft; 
 
g. By failing to observe the operative and applicable 
governmental regulations and directives pertaining to the 
maintenance, inspection and/or repair of the subject aircraft; 
 
h. By failing to furnish a proper and airworthy aircraft; 
 
i. By failing to properly navigate and operate the airplane; 
 
j. By failing to train the flight crew and warning the flight 
crew as to the potential hazards involved during such flight; 
 
k. By failing to follow proper procedures; 
 
l. By failing to properly communicate with the air traffic 
controllers who were available to assist the aircraft; and/or  

m. By failing to operate the aircraft in a safe and competent 
manner, thereby resulting in the crash in question. 
 
19. VALUJET AIRLINES failed to exercise the required 
degree of care in transporting the decedent, and securing the 
safety of Valujet Airlines Flight 592, and operated Flight 
592 on the ground and in the air, in a hazardous manner 
which negligently violated operative safety procedures 
and/or the applicable standard of care, all as hereinabove 
alleged, with the knowledge that such violations could cause 
injury to the passengers, and with disregard for the 
consequences of their negligence. 
 
20. Specifically, but not by way of limitation, prior to and on 
May 11, 1996, Defendant, VALUJET AIRLINES, had 
actual and constructive knowledge that the operation of the 
above-described flight was subject to known dangers, 
including that of fire, security and maintenance, age and 
history of the aircraft, lack of crew experience and other 
hazards, thus placing the flight's passengers at a risk of 
physical harm. 
 
21. Notwithstanding this knowledge, VALUJET AIRLINES 
and its agents and employees, acting within the course and 
scope of their employment, inter alia, failed and refused, to 
warn the passengers of Flight 592 of the known dangers 
and/or failed to protect those passengers from the known 
risks and by failing to take precautionary measures. 
 
22. The crash of the above-described flight on May 11, 
1996, was proximately and/or legally caused by the known 
and reasonably foreseeable conditions, and by Defendant's, 
VALUJET AIRLINES, negligence and other misconduct as 
hereinabove alleged. 
23. As a direct and proximate result of the crash and 
consequent death of Plaintiff's decedent, Plaintiff has been 
damaged pursuant to the Florida Wrongful Death Act and/or 
whatever law this Court finds applicable and claims all 
damages to which the estate, the survivors, and/or 
beneficiaries may be entitled, including, as applicable law 
may provide, but not limited to: 
 
a. Pain and suffering of the decedent prior to death; 


b. Pain and suffering of the survivors, beneficiaries and heirs 
of decedent; 
 
c. Lost society, companionship, guidance and services of the 
decedent to the survivors, beneficiaries and heirs; 
 
d. Loss of support in money or in kind; 
 
e. Lost net accumulations; 
 
f. Funeral expenses; 
 
g. Any other damages to which Plaintiff, the survivors 
and/or beneficiaries may be entitled under applicable law. 
 
WHEREFORE, Plaintiff demands judgment against 
VALUJET AIRLINES, for compensatory damages, plus 
interest and costs, and further demands trial by jury of all 
issues triable by jury. COUNT II NEGLIGENCE AGAINST 
AEROTHRUST CORPORATION 
 
24. At all times material, AEROTHRUST maintained, 
repaired and/or inspected the DC-9 ValuJet aircraft in 
Miami, Florida. 
 
25. At all times material, AEROTHRUST was under a duty 
to use reasonable care and/or to exercise the highest degree 
of care in maintaining, repairing and inspecting the DC-9 
ValuJet aircraft. 
 
26. At all times material, AEROTHRUST was under a 
further, continuing and/or ongoing duty to, among other 
things: 
 
a. Repair and maintain the aircraft in a flightworthy 
condition; 
b. Inspect, repair and/or replace those parts of the aircraft 
that required repair and/or replacement; 
 
c. Make timely and careful inspections of the aircraft which 
were required in order to maintain it in an operational 
condition;  
 
d. Warn the Plaintiff's decedent of the defects in 
maintenance and repair which it knew or should have known 
through the exercise of due care existed in the aircraft; 
and/or 
 
e. Proper service, repair and maintenance of the aircraft. 
 
27. AEROTHRUST knew or should have known, that if the 
DC-9 ValuJet aircraft was not properly maintained, repaired 
and inspected there would be an unreasonable risk of harm 
to persons operating, flying, and/or being flown aboard the 
DC-9 ValuJet aircraft. 
 
28. At all times material, AEROTHRUST breached the 
aforementioned duties and or negligently and carelessly 
failed to discharge the aforementioned duties by, among 
other things: 
 
a. Failing to properly repair and maintain the aircraft in a 
flightworthy condition; 
 
b. Failing to properly inspect, repair and/or replace those 
parts of the aircraft that required repair and/or replacement; 
 
c. Failing to make timely and careful inspections of the 
aircraft which were required in order to maintain it in an 
operational condition; 
 
d. Failing to warn the Plaintiff's decedent of the defects in 
maintenance and repair which it knew or should have known 
through the exercise of due care existed in the aircraft; 
and/or 

e. Failing to carefully and properly service, repair and 
maintain the aircraft. 
 
29. As a direct and proximate result of the negligence of 
AEROTHRUST, the aircraft crashed resulting in the death 
of Laurese Perkins. 
 
30. As a direct and proximate result of the crash and 
consequent death of Plaintiff's decedent, Plaintiff has been 
damaged pursuant to the Florida Wrongful Death Act and/or 
whatever law this Court finds applicable and claims all 
damages to which the estate, the survivors, and/or 
beneficiaries may be entitled, including, as applicable law 
may provide, but not limited to: 
 
a. Pain and suffering of the decedent prior to death; 
 
b. Pain and suffering of the survivors, beneficiaries and heirs 
of decedent; 
 
c. Lost society, companionship, guidance and services of the 
decedent to the survivors, beneficiaries and heirs; 
 
d. Loss of support in money or in kind; 
 
e. Lost net accumulations; 
 
f. Funeral expenses; 
 
g. Any other damages to which Plaintiff, the survivors 
and/or beneficiaries may be entitled under applicable law. 
 
WHEREFORE, Plaintiff demands judgment against 
AEROTHRUST CORPORATION, for compensatory 
damages, plus interest and costs, and further demands trial 
by jury of all issues triable by jury. 
 
DATED this 14th day of May, 1996. 
 
Respectfully submitted, 
 
PODHURST, ORSECK, JOSEFSBERG, 
EATON, MEADOW, OLIN & PERWIN, P.A. 
Suite 800, City National Bank Bldg. 
25 West Flagler Street 
Miami, Florida  33130-1780 
(305) 358-2800; Fax: (305) 358-2382 
 
BY:________________________________ 
AARON S. PODHURST 
Fla. Bar No. 063606 
 
BY:________________________________ 
STEVEN C. MARKS 
Fla. Bar No. 516414