Electronically FILED by Superior Court of California, County of Los Angeles on 04/20/2020 12:00 AM Sherri R. Carter, Executive Officer/Clerk of Court, by K. Morales,Deputy Clerk 20STCV14963 Assigned for all purposes to: Spring Street Courthouse, Judicial Officer: Daniel Crowley 1 PANISH SHEA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 panish@psblaw.com 2 KEVIN R. BOYLE, State Bar No. 192718 boyle@psblaw.com 3 SPENCER LUCAS, State Bar No. 232498 lucas@psblaw.com 4 MATTHEW STUMPF, State Bar No. 301867 stumpf@psblaw.com 5 11111 Santa Monica Boulevard, Suite 700 6 Los Angeles, California 90025 Telephone: 310.477.1700 7 Facsimile: 310.477.1699 8 Attorneys for PLAINTIFFS LLP P ANISH S HEA & B OYLE 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF LOS ANGELES 12 13 JOHN JAMES ALTOBELLI, an individual and as Successor in Interest to ALYSSA 14 ALTOBELLI, JOHN ALTOBELLI, and KERI ALTOBELLI; ALEXIS ALTOBELLI, a 15 minor, by and through her Guardian JOHN JAMES ALTOBELLI; 16 PLAINTIFFS, 17 v. 18 ISLAND EXPRESS HELICOPTERS, INC., a 19 California Corporation; ISLAND EXPRESS HOLDING CORP., a California Corporation; 20 and DOES 1-50, 21 Case No. COMPLAINT FOR DAMAGES (WRONGFUL DEATH AND SURVIVAL ACTION) 1. NEGLIGENCE DEMAND FOR JURY TRIAL Defendants. 22 23 24 25 26 27 28 COMPLAINT FOR DAMAGES 1 COMES NOW plaintiffs JOHN JAMES ALTOBELLI, an individual and as Successor in 2 Interest to ALYSSA ALTOBELLI, JOHN ALTOBELLI, and KERI ALTOBELLI, and ALEXIS 3 ALTOBELLI, a minor, by and through her Guardian JOHN JAMES ALTOBELLI, for causes of 4 action against Defendants ISLAND EXPRESS HELICOPTERS, INC., a California Corporation; 5 ISLAND EXPRESS HOLDING CORP., a California Corporation; and DOES 1-50, who complain 6 and allege as follows: 7 8 9 GENERAL ALLEGATIONS 1. On January 26, 2020, a Sikorsky S-76B helicopter, bearing FAA registration (tail) 11 death of all passengers on board including three members of the Altobelli family: Alyssa Altobelli, 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 number N72EX (hereafter “Subject Helicopter”), crashed in Calabasas, California, resulting in the 12 Keri Altobelli, and John Altobelli. (hereafter referred to as the “Subject Helicopter Incident”). 13 2. Plaintiff John James Altobelli is the surviving son of John Altobelli, stepson of 14 Keri Altobelli, and sibling of Alyssa Altobelli. Plaintiff John James Altobelli resides within the 15 State of California. At all times relevant herein, Plaintiff John James Altobelli is the successor in 16 interest for decedents Alyssa Altobelli and John Altobelli. Plaintiff John James Altobelli 17 accordingly succeeds to the decedents’ interests in this action and hereby asserts survival claims 18 and all allowable survival damages. Plaintiff John James Altobelli is also serving as the successor 19 in interest for Keri Altobelli, as described in the following paragraph. 20 3. Plaintiff Alexis Altobelli is the surviving daughter of Keri and John Altobelli, as 21 well as the sibling of Alyssa Altobelli. Plaintiff Alexis Altobelli is a minor represented by and 22 through her legal guardian John James Altobelli. Plaintiff Alexis Altobelli resides within the State 23 of California. At all times relevant herein, plaintiff Alexis Altobelli is the successor in interest for 24 decedent Keri Altobelli and succeeds to the decedent’s interests in this action. Serving as Alexis 25 Altobelli’s legal guardian, plaintiff John James Altobelli hereby asserts survival claims and all 26 allowable survival damages for decedent Keri Altobelli. 27 4. Defendant Island Express Helicopters, Inc., (“Island Express Helicopters”), at all 28 times herein relevant, is a California corporation located at 1175 Queens Highway, Long Beach, 2 COMPLAINT FOR DAMAGES 1 California, and it conducts regular business activities in Los Angeles County, California. 2 5. Defendants Island Express Holding Corp. (“Island Express Holding”), at all times 3 herein relevant, is a California corporation located at 67 D Street, Fillmore, California, and it 4 conducts regular business activities in Los Angeles County, California. 5 6. At all times material hereto, Defendants Island Express Helicopters and Island 6 Express Holding were the operators, owners, lessees, managers, and/or maintainers of the Subject 7 Helicopter. 8 7. At all times material hereto, Defendants Island Express Helicopters and Island 9 Express Holding were acting by and through their agents, servants and/or employees, each of 11 defendants. 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 whom was acting within the course and scope of his, her, or its employment or agency with 12 8. The true names and capacities, whether individual, plural, corporate, partnership, 13 associate, or otherwise, of DOES 1 through 50, inclusive, are unknown to plaintiffs who therefore 14 sue said defendants by such fictitious names. The full extent of the facts linking such fictitiously 15 sued defendants is unknown to plaintiffs. Plaintiffs are informed and believe, and thereupon 16 allege, that each of the defendants designated herein as a DOE was, and is, legally responsible, in 17 negligence or in some other actionable manner, for the events and happenings of the Subject 18 Helicopter Incident, and thereby legally and proximately caused the deaths of John Altobelli, Keri 19 Altobelli, and Alyssa Altobelli, as well as damages to plaintiffs. Plaintiffs will hereafter seek 20 leave of the Court to amend this Complaint to show the defendants’ true names and capacities 21 after the same have been ascertained. 22 9. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned 23 herein, defendants, and each of them, were the agents, servants, employees, successors in interest, 24 and/or joint venturers of their co-defendants, and each was, as such, acting within the course, 25 scope, and authority of said agency, employment and/or venture, and that each and every 26 defendant, as aforesaid, when acting as a principal, was negligent in the selection of each and 27 every other defendant as an agent, servant, employee, successor in interest, and/or joint venturer. 28 10. By reason of the careless, negligent, and unlawful acts and/or omissions of the 3 COMPLAINT FOR DAMAGES 1 defendants, and each of them, as stated herein, and as a direct consequence of the crash and 2 matters herein alleged, plaintiffs, individually, and as successors in interest, have sustained 3 wrongful death and survival damages, economic and non-economic damages, funeral and burial 4 expenses, and all other damages available by law. 5 6 FIRST CAUSE OF ACTION FOR WRONGFUL DEATH AND SURVIVAL DAMAGES 7 NEGLIGENCE 8 [Brought by All Plaintiffs as Against Defendants Island Express Helicopters, Inc., Island 9 Express Holding Corp., and DOES 1 through 50, inclusive] 11. Plaintiffs re-allege and incorporate herein by reference each and every allegation 11 and statement contained in the prior paragraphs. 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 12 12. Defendants Island Express Helicopters, Island Express Holding, and DOES 1 13 through 50, inclusive, and each of them, and their employees and/or agents, owed a duty of care to 14 all reasonably foreseeable people, including the passengers of the Subject Helicopter, to own, 15 lease, manage, maintain, control, entrust, charter, and operate the Subject Helicopter in a 16 reasonable manner. 17 13. At all relevant times, Defendants Island Express Helicopters, Island Express 18 Holding, and DOES 1 through 50, inclusive, and each of them, were acting through their 19 employees and/or agents whom themselves were acting within the course and scope of their 20 employment and/or agency with Defendants Island Express Helicopters, Island Express Holding, 21 and/or other unknown DOE defendants. 22 14. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned 23 herein, Island Express Helicopters, Island Express Holding, and DOES 1 through 50, inclusive, 24 and each of them, and their employees and/or agents, negligently and carelessly breached their 25 duty to own, lease, manage, maintain, control, entrust, charter, and operate the Subject Helicopter 26 in a reasonable manner. 27 15. Plaintiffs are informed and believe, and thereon allege, that at all times mentioned 28 herein, defendants Island Express Helicopters, Island Express Holding, and DOES 1 through 50, 4 COMPLAINT FOR DAMAGES 1 inclusive, and each of them, and their employees and/or agents, were negligent and careless, in 2 regards to owning, leasing, managing, maintaining, controlling, entrusting, chartering, and 3 operating the Subject Helicopter was the direct, legal and proximate cause, and were a substantial 4 factor in causing, the deaths of plaintiffs’ decedents John Altobelli, Keri Altobelli, and Alyssa 5 Altobelli, as well as plaintiffs’ significant damages and losses. 6 16. As a direct, legal and proximate result of the careless, negligent, and unlawful 7 conduct of defendants Island Express Helicopters, Island Express Holding, and DOES 1 through 8 50, inclusive, and each of them, Plaintiffs each suffered damages resulting from the loss of love, 9 affection, care society, service, comfort, society, support, right of support, expectations of future 11 as other benefits and assistance, of their decedent, all to their noneconomic damages, which will 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 support and counseling, companionship, solace and mental support, training, and guidance, as well 12 be stated according to proof. 13 17. As a direct, legal and proximate result of the careless, negligent, and unlawful 14 conduct of defendants Island Express Helicopters, Island Express Holding, and DOES 1 through 15 50, inclusive, and each of them, Plaintiffs suffered damages resulting from the deprivation of 16 financial support and assistance, loss of gifts, loss of future contributions and pecuniary benefits, 17 loss of inheritance of prospective accumulations, all to their economic damages, which will be 18 stated according to proof. 19 18. As a direct, legal and proximate result of the careless, negligent, and unlawful 20 conduct of defendants Island Express Helicopters, Island Express Holding, and DOES 1 through 21 50, inclusive, and each of them, Plaintiffs have incurred economic expenses, including but not 22 limited to medical, funeral, burial and/or incidental expenses related to the death of their 23 decedents, in an amount to be determined according to proof. 24 19. As a direct, legal and proximate result of the careless, negligent, and unlawful 25 conduct of defendants Island Express Helicopters, Island Express Holding, and DOES 1 through 26 50, inclusive, and each of them, decedents John Altobelli, Keri Altobelli, and Alyssa Altobelli 27 were each injured in their person and property for a discernible period of time prior to their deaths. 28 As successors in interest to decedents Alyssa Altobelli, John Altobelli, and Keri Altobelli, 5 COMPLAINT FOR DAMAGES 1 Plaintiffs hereby assert survival claims on behalf of the decedents and seeks all survival damages 2 allowed by law. 3 4 5 PRAYER FOR RELIEF Plaintiffs pray for judgment against defendants Island Express Helicopter, Inc., and Island 6 Express Holding Corp., and DOES 1 through 50, inclusive, and each of them, as follows: 7 1. For wrongful death general damages and special damages according to proof; 8 2. For noneconomic damages, including but not limited to loss of love, affection, care 9 society, service, comfort, society, support, right of support, expectations of future support and 11 decedents to their survivors and heirs; 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 counseling, companionship, solace and mental support, training, and guidance, and services of 12 3. For economic damages, including but not limited to deprivation of financial 13 support and assistance, loss of gifts, loss of future contributions and pecuniary benefits, loss of 14 inheritance of prospective accumulations; 15 4. For funeral and burial expenses; 16 5. Full value of life of the decedents for their wrongful deaths; 17 6. For survival damages; 18 7. For prejudgment interest as allowed by law; 19 8. For post-judgment interest as allowed by law; 20 9. For cost of suit incurred herein; and 21 10. For such other and further relief as this court may deem just and proper. 22 DATED: April 17, 2020 PANISH SHEA & BOYLE LLP 23 24 25 26 27 By: Brian Panish Kevin Boyle Spencer Lucas Matthew Stumpf Attorneys for PLAINTIFFS 28 6 COMPLAINT FOR DAMAGES 1 2 DEMAND FOR JURY TRIAL Plaintiffs John James Altobelli and Alexis Altobelli hereby demand a trial by jury as to all 3 causes of action. 4 5 DATED: April 17, 2020 PANISH SHEA & BOYLE LLP 6 7 8 9 Brian Panish Kevin Boyle Spencer Lucas Matthew Stumpf Attorneys for PLAINTIFFS 11 11111 Santa Monica Boulevard, Suite 700 Los Angeles, California 90025 310.477.1700 phone • 310.477.1699 fax P ANISH S HEA & B OYLE LLP 10 By: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 COMPLAINT FOR DAMAGES