IN THE ___________COURT OF

HAMILTON COUNTY, TENNESSEE

*
Christopher S. Marinello, Individually
and Surviving Spouse of Lynda V. Marinello
Pro Se *
*
Plaintiff *
• CASE NUMBER____________________
V

Janet V. Davey Administrator of the Estate of *

Frank William Davey, Decedent *
*
*

COMPLAINT

COMES NOW the plaintiff Pro Se, and in support of this Complaint states as follows:

PARTIES, JURISDICTION AND VENUE

1. Plaintiff is surviving spouse of Lynda v. Marinello, deceased.

2. At all times relevant herein, Decedent Lynda V. Marinello was an individual residing

4005 Michelin Lane, Hamilton Co., Tennessee. Lynda V. Marinello died on January

7,2019, as a passenger on Pilot Davey’s plane, a 1971 Bellanca 17-30A Serial No.

30376, FAA Registration No. N8849V (“the Aircraft”).

3. At all times relevant herein, Defendant Frank William Davey (hereinafter referred to as

“Pilot Davey”) was an individual residing 1912 Port Royal Drive, Soddy Daisy, Hamilton

Co., Tennessee. Frank William Davey died on January 7,2019, while piloting his

Airplane, a 1971 Bellanca 17-30A Serial No. 30376, FAA Registration No. N8849V

(“the Aircraft”).
 4. At all times relevant herein, Plaintiff Christopher S. Marinello is an individual residing

at 4005 Michelin Lane, Chattanooga, Hamilton Co., Tennessee

5. At all times relevant herein, Janet V. Davey (hereinafter referred to as “Administrator”

is an individual residing at 1912 Port Royal Drive, Soddy Daisy, Hamilton County., Tennessee

1. The plaintiff is the surviving spouse of Lynda V. Marinello listed in the caption of

this matter.

2 Janet V. Davey is the administrator of the estate of Pilot Davey referenced above,

having qualified as such, on February 6, 2019 in the Probate Court of the County of Hamilton

County Tennessee.

3. The administrator resides at the address listed in the caption of this matter.

4. On January 7, 2019, the aircraft operated by Pilot Davey was involved in an

aircraft crash at Lake Chickamauga, while maneuvering near Soddy- Daisy, Tennessee .

5. The crash was caused by the negligence of Pilot Davey.

6. The crash was caused by the recklessness of Pilot Davey

7. That Pilot Davey was negligent in that crash for reasons below and as may be

adduced during discovery or at trial.

8. The crash caused the death of Lynda V. Marinello.

9. As a substantial part of the acts and/or omissions complained of and giving

rise to the wrongful death of Lynda V. Marinello occurred in the Eastern District of

Tennessee, venue is proper with this Court pursuant to 28 U.S.C. § 1391.

FACTUAL BACKGROUND
10. Pilot Davey held a commercial pilot certificate, with ratings for airplane single-

engine land, airplane multiengine land, helicopter, instrument airplane and instrument

helicopter. His most recent Federal Aviation Administration second-class medical

certificate was issued on February 1, 2018. At that time, the pilot reported a total flight

experience of 3,800 hours.

11. Upon information and belief, no flight plan was filed for the local personal flight

that originated from Dallas Bay SkyPark (1A0), Chattanooga, Tennessee

12. Upon information and belief, the Aircraft was observed on maneuvering at an

unusually low altitude.

13. Upon information and belief Pilot Davey was performing acrobatic maneuvers.

14. Upon information and belief at approximately 1:34 pm, the Aircraft crashed into

Lake Chickamauga killing its 2 occupants including Lynda V. Marinello.

COUNT ONE WRONGFUL DEATH

15. Plaintiff incorporate by reference all prior paragraphs of the Complaint as if fully

re-written.

16. At all times herein, Pilot Davey, owed the passenger of the Aircraft, Lynda V.

Marinello, the duty to operate the Aircraft with reasonable care and in accordance with all

published Local, State and Federal Guidelines.

17. Defendant, Pilot Davey breached this duty to Lynda V. Marinello and was negligent
in the following manner:
 a. Failing to exercise reasonable care in the operation of the Aircraft;

b. Failing to maintain an altitude where recovery from a maneuver not required for
normal flight would allow recovery;

COUNT TWO WRONGFUL DEATH

18. Plaintiff incorporate by reference all prior paragraphs of the Complaint as if fully

re-written.

19. At all times herein, Pilot Davey, owed the passenger of the Aircraft, Lynda V.

Marinello, the duty to operate the Aircraft with reasonable care and in accordance with all

published Local, State and Federal Guidelines.

20. Defendant Pilot Davey breached this duty to Lynda V. Marinello and was reckless in

the following manner:

a. Operating the Aircraft outside of Federal certified limits.

COUNT THREE WRONGFUL DEATH

21. Plaintiff incorporate by reference all prior paragraphs of the Complaint as if fully

re-written.
 22. At all times herein, Pilot Davey, owed the passenger of the Aircraft, Lynda V.

Marinello, the duty to operate the Aircraft with reasonable care and in accordance with all

published Local, State and Federal Guidelines.

23. Defendants Davey breached this duty to Lynda V. Marinello and was negligent in the

following manner:

a. Failure to maintain adequate airspeed and his exceedance of the aircrafts critical

angle of attack, which resulted in an aerodynamic stall and subsequent spin.

24. As a direct and proximate result of Pilot Davey’s negligence, Lynda V. Marinello

suffered a wrongful death and, therefore, Plaintiff seeks recovery for Lynda V.

Marinello’s conscious pain and suffering, the pecuniary value of Lynda V. Marinello’s

life, and all other damages allowed by law, comprising the total pecuniary value of her

life.

25. As a direct and proximate result of Pilot Davey’s recklessness, Lynda V.

Marinello suffered a wrongful death and, therefore, Plaintiff seeks recovery for punitive

damages allowed by law under the Tennessee Wrongful Death Act.

26. The decedent’s Spouse Christopher S. Marinello who has sustained financial and

pecuniary loss as a result of the death of the decedent and has suffered mental anguish and

emotional loss and such other damages as are recoverable under the Tennessee Wrongful Death

Act. The plaintiff herein claims as damages against the defendant the following:
 A. Funeral and burial expenses;

B. Any pecuniary and financial losses suffered by the Plaintiff.

C. Mental anguish, solace, loss of society, companionship, comfort,

guidance, timely offices and advice of the decedent suffered by the Plaintiff.

D. Compensation for the reasonably expected loss of income of the decedent.

E. The reasonable value of the loss of services, protection, care and

assistance provided by the decedent.

F. Such other damages allowable by law.

WHEREFORE, Plaintiff Christopher S. Marinello, prays for judgment against

Defendant Davey, in an amount to be determined at Trial but an amount exceeding $500,000.00,

including fair and reasonable compensatory and punitive damages, all costs required to bring suit

and for all other, further and/or general damages and relief to which they may be entitled.

Respectfully submitted this 7th day of January 2020.

____________________________________
Christopher S. Marinello

Christopher S. Marinello
4005 Michelin Lane
Chattanooga, TN 37415
I hereby certify that a true and correct copy of the foregoing complaint was served on the
following persons:

1. Mrs. Janet V. Davey

Administrator for the Estate of Frank William Davey
1912 Port Royal Drive
Soddy Daisy, Tennessee, 37379

2. Mr. Michael S. Jennings

Attorney of Record for the Estate of Frank William Davey
130 Jordan Drive
Chattanooga, Tennessee, 37421-6731

by depositing same in the United States mail this ___7th_____ day of ______January______,
2020.

_____________________________
Christopher S. Marinello, Pro Se Plaintiff
4005 Michelin Lane
Chattanooga, Tennessee, 37415

This _____7th____ day of ____January_______, 2020.