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Sparrow v. Mid-America Sport Parachute Club

United States District Court, C.D. Illinois, Springfield Division

September 5, 2014

ANGELA SPARROW, Individually and a Special Administrator of the Estate of BRANDON SPARROW, Deceased, Plaintiff,
v.
MID-AMERICA SPORT PARACHUTE CLUB, Defendant

For Angeline Sparrow, Individually, and as Special Administrator for the Estate of Brandon Sparrow, Deseased, Plaintiff: Brian LaCien, POWER ROGERS & SMITH PC, Chicacago, IL.

OPINION

Richard Mills, United States District Judge.

Angela Sparrow's husband, Brandon, was piloting an airplane when it crashed in Taylorville, Illinois, resulting in Brandon Sparrow's death.

Pending before the Court is a Motion to Approve Settlement of a Wrongful Death Action.

This Court, however, in closely examining the record before it, finds that it does not have jurisdiction.

For the reasons that follow, this case is Dismissed for lack of subject matter jurisdiction.

I.

In this action, Angela Sparrow, Individually, and as Special Administrator for the Estate of Brandon Sparrow, Deceased, filed an Amended Complaint asserting wrongful death and other claims against a number of Defendants. She alleged the Court has jurisdiction over the subject matter based on diversity of citizenship, pursuant to 28 U.S.C. § 1332(a).

On August 11, 2014, following the Plaintiff's motion to voluntarily dismiss, the Court Ordered that Defendants Barron Aviation LLC, John Michael Barron, Barron Aviation Private Flight Services, LLC and Rapid Descent, LLC, were dismissed without prejudice. Mid-America Sport Parachute Club is the sole remaining Defendant.

The Amended Complaint provides that, on or about August 11, 2012, the Plaintiff's Decedent, Brandon Sparrow, was a pilot operating a Hawker Beechcraft Corporation airplane, model number G18s airplane, registration number N697Q. He piloted the aircraft during a flight originating from Taylorville Municipal Airport, within

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the City of Taylorville, County of Christian, State of Illinois.

The aircraft was leased to the Plaintiff's Decedent bye Defendant Mid-America Sport Parachute Club, an entity that was in the business of leasing, operating, inspecting, and maintaining aircrafts. The Plaintiff alleges that on or about August 11, 2012, " the aircraft was caused to impact terrain" in Taylorville, Illinois, due to the condition of the aircraft.

The Plaintiff alleges that Mid-America Sport Parachute Club was negligent in several respects: (1) failing to ensure that the aircraft operated properly; (2) failing to ensure that the aircraft was properly maintained; (3) failing to ...


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