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FILED
DALLAS COUNTY
11/6/2014 4:33:45 PM
GARY FITZSIMMONS
DISTRICT CLERK
Tonya Pointer
DC-14-13012
CAUSE NO.
IHDE INVESTMENTS LP §
§
Plaintiffs, §
§
v. § DALLAS COUNTY, TEXAS
§
COVENTURES LC, d/b/a §
GOCOPTER LC, DANIEL L. §
CLAASSEN, KENT CLAASSEN, §
TROY MITCHELL, CHIEF §
FINANCIAL OFFICER AND §
STEFAN LAUER, §
§
Defendants. § JUDICIAL DISTRICT
PLAINTIFF’S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT;
Plaintiff IHDE INVESTMENTS LP (“Ihde”) files this Original Petition complaining of
Defendants COVENTURES LC, d/b/a GOCOPTER LC (“CoVentures”), DANIEL L.
CLAASSEN (“D. Claassen”), KENT CLAASSEN (“K. Claassen”), TROY MITCHELL
(“Mitchell”) and STEFAN LAUER (“Lauer”) and in support respectfully shows the Court the
following:
I.
DISCOVERY CONTROL PLAN LEVEL 3
1. Plaintiff Ihde moves this Court to conduct discovery under Rule 190.4 of the
TEXAS RULES OF CIVIL PROCEDURE.
PLAINTIFF’S ORIGINAL PETITION Page 1
II.
REQUESTS FOR DISCLOSURE
2. Under TEXAS RULE OF CIVIL PROCEDURE 194, Plaintiff requests that all
Defendants disclose, within fifty (50) days of service of this request, the information or material
described in TEX. R. CIV. P. RULE 194.2(a)-(1).
III.
PARTIES
3. Plaintiff IHDE INVESTMENTS LP is a Limited Partnership doing business in
and existing under the laws of the State of Texas.
4. Defendant COVENTURES LC, d/b/a GOCOPTER LC is a Limited Liability
Company doing business in and existing under the laws of the State of Texas, with its principal
place of business at 4565 Claire Chennault, Addison, Texas 75001, and may be served with
process by serving its registered agent, Daniel L. Claassen, 4565 Claire Chennault St., Addison,
Texas 75001.
5. Defendant DANIEL L. CLAASSEN is an individual residing in the State of
Texas who may be served with process and a copy of this Petition at his regular place of
business, 4565 Claire Chennault St., Addison, Texas 75001 or at his residence, 15380 County
Road 1100, Blue Ridge, Texas 75424.
6. Defendant KENT CLAASSEN is an individual residing in the State of Texas who
may be served with process and a copy of this Petition at his regular place of business, 4565
Claire Chennault St., Addison, Texas 75001 or at his residence, 15380 County Road 1100, Blue
Ridge, Texas 75424.
PLAINTIFF’S ORIGINAL PETITION Page 2
7. Defendant TROY MITCHELL is an individual residing in the State of Texas who
may be served with process and a copy of this Petition at his regular place of business, 4565
Claire Chennault St., Addison, Texas 75001.
8. Defendant STEFAN LAUER is an individual residing in the State of Texas who
may be served with process and a copy of this Petition at his residence located at 2730 Oak Tree
Dr., #1701, Carrollton, Texas 75006.
IV.
JURISDICTION
9. This Court has jurisdiction over Defendants because the amount in controversy is
within the jurisdictional limits of this Court. Plaintiff seeks monetary relief over $200,000 but
not more than $1,000,000.00. This Court may exercise personal jurisdiction over the Defendants
because they are all either residents of Texas or maintain their principal office in and conduct
business in Texas.
V.
VENUE
10. Venue is proper in Dallas County, Texas under TEX. CIV. PRAC. & REM. CODE
ANN. § 15.002(a)(2) and (3) and § 15.005 because it is brought in the county of at least one
natural person, defendant’s residence and in the county of CoVentures’ principal office.
VI.
FACTUAL BACKGROUND
11. Plaintiff Ihde is the owner of a 2005 Robinson R44 Raven II Helicopter, Serial
Number 10878, with Registration Number N494SH (the “Aircraft”). As the owner of the
Aircraft, Ihde has the right to dry lease it.
PLAINTIFF’S ORIGINAL PETITION Page 3
12. CoVentures is in the business of leasing aircraft. D. Claassen, Mitchell, K.
Claassen and Lauer are officers and employees of CoVentures and had responsibility for safe
operation required under the Agreement.
13. On December 28, 2012, Ihde, acting as Lessor, entered into an Aircraft Dry Lease
Agreement (the “Agreement”) with CoVentures as Lessee to dry lease the Aircraft.
14. CoVentures operated from Addison Airport in Addison, Dallas County, Texas.
Under the terms of the Agreement, the Aircraft was to be operated by CoVentures, in accordance
with all FAA rules and regulations including, but not limited to, FAA Part 91 and Part 135, and
in compliance with any and all other applicable laws. During the Lease Period, CoVentures was
required to (1) obtain and maintain a general commercial liability insurance policy, (2) remain in
exclusive operational control of the Aircraft; (3) operate the Aircraft using duly qualified pilots
employed by CoVentures who meet the requirements of the insurance policy applicable to the
Aircraft; (4) file all reports as may be necessary or appropriate with respect to such operations;
and (5) comply with all of Lessor’s obligations with respect to the operation of the Aircraft.
15. On or about February 14, 2014, Lauer, a duly qualified pilot, employed by
CoVentures, was contacted by D. Claassen of CoVentures, to fly the Aircraft to the Bonham,
Texas area for aerial observation. After preparing the Aircraft and safety briefing the passengers,
Lauer took off with one passenger in a front seat and two in the rear seats with an estimated 75
minutes of fuel on board. Two passengers were fare paying third parties. The third passenger
was K. Claassen, who rode along, upon information and belief,’ as a student pilot and observer.
After about 40 minutes of flight time and with the Aircraft positioned upwind, Lauer began
flying crosswind over a tree line, descending to about 10-15 feet AGL, and attempted to stop the
descent and forward speed to make a left-pedal turn.
PLAINTIFF’S ORIGINAL PETITION Page 4
16. Because the Aircraft exceeded its weight and balance limits, it continued to move
forward and to descend. For about 1-2 seconds the Aircraft continued to accelerate forward
while losing more altitude. When Lauer could not stop the forward movement with full aft
cyclic nor the descent by adding power to the red line, he decided to make a right turn into the
wind with right pedal and cyclic. This all happened in one to two seconds during which time the
Aircraft lost further altitude. In a crosswind path, the front of the right skid came in contact with
the ground. At that time, Lauer lost control of the Aircraft and it settled on its right side after the
main rotor struck the ground, resulting in substantial damage to the Aircraft.
VII.
CAUSES OF ACTION
i. Negligence
17. As for its first cause of action against Defendants, Plaintiff restates and realleges
paragraphs 1-16 above, as if fully stated herein and would further show the Court as follows:
18. At all times material hereto, Lauer was acting in the course and scope of his
employment for CoVentures. CoVentures owed the duty of a high degree of care to Ihde under
Texas law.
19. CoVentures’ overloading of the aircraft, including the presence of K. Claassen on
the chartered flight, and Lauer’s failure to properly load and control the aircraft caused it to
crash.
20. As a result of this crash, the Aircraft sustained extensive damage, including
separation to the frame, rotors and tail boom and loss of use for commercial gain. Defendants’
foregoing negligent conduct proximately caused Plaintiff’s damages in an amount that is within
the jurisdictional limits of the Court.
PLAINTIFF’S ORIGINAL PETITION Page 5
ii. Breach of Contract
21. As for its second cause of action against Defendants, Plaintiff restates and
realleges paragraphs 1-16, above, as iffully stated herein and would further show the Court as
follows:
22. The Defendants breached the Agreement by failing to procure and maintain a
general commercial liability insurance policy as set forth in the Agreement.
23. Additionally, on the day of the incident, the Aircraft was being used for purposes
which were in violation of the terms of the Agreement.
24. The foregoing breach of the Agreement resulted in Plaintiff’s ensuing damages.
Plaintiff’s damages are within the jurisdictional limits of this Court. Therefore, Plaintiff seeks
recovery of its actual damages, pre-judgment and post-judgment interest and court costs.
25. Plaintiff has made demand on Defendants to pay Plaintiff’s damages more than
thirty (30) days before the trial of this matter. Plaintiff has retained attorneys to represent its
interests and under TEX. CIV. PRAC. & REM. CODE ANN. §38.001., et seq., Plaintiff is entitled to
recover its reasonable attorneys’ fees, including paralegals’ fees, from Defendants for breach of
contract. Plaintiff is entitled to recover a sum from Defendants to compensate Plaintiff for a
reasonable fee for its attorneys’ fees, including paralegals’ fees, in the preparation and
prosecution of this action as well as a reasonable fee for any and all appeals to other courts.
iii. Fraud and Misrepresentation
26. As for its third cause of action against Defendants, Plaintiff restates and realleges
paragraphs 1-16 above, as if fully stated herein and would further show the Court as follows:
27. D. Claassen and Mitchell misrepresented that CoVentures had obtained proper
insurance. Despite written and verbal assurances that its operations were fully insured,
PLAINTIFF’S ORIGINAL PETITION Page 6
Defendants failed to secure coverage for the crash that seriously damaged the Aircraft. Such
conduct resulted in Plaintiff’s damages.
28. The false representations or omissions as to material facts regarding the Aircraft
were made by Defendants in the course of their business and/or in a transaction in which
Defendants had a pecuniary interest. Defendants supplied Plaintiff with false information and
also failed to provide information regarding insurance coverage for the Aircraft with the intent to
not disclose their failure to comply with the Agreement.
29. The false information provided to Plaintiff by Defendants proximately caused
Plaintiff’s damages.
iv. Alter Ego Liability
30. As for its fourth cause of action against Defendants, Plaintiff restates and realleges
paragraphs 1 through 16 above, as if fully stated herein and would further show the Court as
follows:
31. Plaintiff alleges that the Defendants, if separate entities, and not divisions of the
same entity, are the alter egos of Defendants D. Claassen and Mitchell. The separate corporate
entity of CoVentures must be disregarded and it and D. Claassen and Mitchell be treated as one
entity, to prevent use of the corporate fiction as an unfair device to inflict injustice on Plaintiff. D.
Claassen and Mitchell formed CoVentures for their own personal benefit and to avoid personal
liability for any obligations incurred in the course of business. D. Claassen and Mitchell utilized
CoVentures as their own account and purposefully removed cash and other assets from
CoVentures to the detriment of creditors. Plaintiff has sustained damages as a result of D.
Claassen’s and Mitchell’s actions.
PLAINTIFF’S ORIGINAL PETITION Page 7
v. Exemplary Damages
32. Defendants knew that the representations detailed above were false at the time
such representations were made. The representations were willful and malicious and constitute
conduct for which the law allows the imposition of exemplary damages. Plaintiff has incurred
and will incur significant expenses, including attorneys’ fees, in the investigation and
prosecution of this action. Accordingly, Plaintiff requests that exemplary damages be awarded
against Defendants.
VIII.
JURY DEMAND
33. Plaintiff hereby respectfully demands a trial by jury.
Plaintiff requests that Defendants be cited to appear and answer herein, and that upon
final hearing this Court grant judgment to Plaintiff:
a) Awarding actual damages against the Defendants as pleaded herein;
b) Awarding pre and post-judgment interest as provided by law;
c) Awarding all costs of suit incurred by Plaintiff, including attorneys’ fees; and
d) Awarding such other and further relief, both general and special, at law and in
equity, to which Plaintiff may show it is justly entitled.
Respectfully submitted,
/s/ Kent C. Krause
Kent C. Krause
State Bar No. 11714600
kkrause@cdklawfirm.com
CRADDOCK DAVIS & KRAUSE LLP
3100 Monticello Avenue, Suite 550
Dallas, Texas 75205
214-750-3550
214-750-3551 (fax)
ATTORNEYS FOR IHDE INVESTMENTS LC
PLAINTIFF’S ORIGINAL PETITION Page 8
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FILED DALLAS COUNTY 11/6/2014 4:33:45 PM GARY FITZSIMMONS DISTRICT CLERK Tonya Pointer DC-14-13012 CAUSE NO. IHDE INVESTMENTS LP § § Plaintiffs, § § v. § DALLAS COUNTY, TEXAS § COVENTURES LC, d/b/a § GOCOPTER LC, DANIEL L. § CLAASSEN, KENT CLAASSEN, § TROY MITCHELL, CHIEF § FINANCIAL OFFICER AND § STEFAN LAUER, § § Defendants. § JUDICIAL DISTRICT PLAINTIFF’S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT; Plaintiff IHDE INVESTMENTS LP (“Ihde”) files this Original Petition complaining of Defendants COVENTURES LC, d/b/a GOCOPTER LC (“CoVentures”), DANIEL L. CLAASSEN (“D. Claassen”), KENT CLAASSEN (“K. Claassen”), TROY MITCHELL (“Mitchell”) and STEFAN LAUER (“Lauer”) and in support respectfully shows the Court the following: I. DISCOVERY CONTROL PLAN LEVEL 3 1. Plaintiff Ihde moves this Court to conduct discovery under Rule 190.4 of the TEXAS RULES OF CIVIL PROCEDURE. PLAINTIFF’S ORIGINAL PETITION Page 1 II. REQUESTS FOR DISCLOSURE 2. Under TEXAS RULE OF CIVIL PROCEDURE 194, Plaintiff requests that all Defendants disclose, within fifty (50) days of service of this request, the information or material described in TEX. R. CIV. P. RULE 194.2(a)-(1). III. PARTIES 3. Plaintiff IHDE INVESTMENTS LP is a Limited Partnership doing business in and existing under the laws of the State of Texas. 4. Defendant COVENTURES LC, d/b/a GOCOPTER LC is a Limited Liability Company doing business in and existing under the laws of the State of Texas, with its principal place of business at 4565 Claire Chennault, Addison, Texas 75001, and may be served with process by serving its registered agent, Daniel L. Claassen, 4565 Claire Chennault St., Addison, Texas 75001. 5. Defendant DANIEL L. CLAASSEN is an individual residing in the State of Texas who may be served with process and a copy of this Petition at his regular place of business, 4565 Claire Chennault St., Addison, Texas 75001 or at his residence, 15380 County Road 1100, Blue Ridge, Texas 75424. 6. Defendant KENT CLAASSEN is an individual residing in the State of Texas who may be served with process and a copy of this Petition at his regular place of business, 4565 Claire Chennault St., Addison, Texas 75001 or at his residence, 15380 County Road 1100, Blue Ridge, Texas 75424. PLAINTIFF’S ORIGINAL PETITION Page 2 7. Defendant TROY MITCHELL is an individual residing in the State of Texas who may be served with process and a copy of this Petition at his regular place of business, 4565 Claire Chennault St., Addison, Texas 75001. 8. Defendant STEFAN LAUER is an individual residing in the State of Texas who may be served with process and a copy of this Petition at his residence located at 2730 Oak Tree Dr., #1701, Carrollton, Texas 75006. IV. JURISDICTION 9. This Court has jurisdiction over Defendants because the amount in controversy is within the jurisdictional limits of this Court. Plaintiff seeks monetary relief over $200,000 but not more than $1,000,000.00. This Court may exercise personal jurisdiction over the Defendants because they are all either residents of Texas or maintain their principal office in and conduct business in Texas. V. VENUE 10. Venue is proper in Dallas County, Texas under TEX. CIV. PRAC. & REM. CODE ANN. § 15.002(a)(2) and (3) and § 15.005 because it is brought in the county of at least one natural person, defendant’s residence and in the county of CoVentures’ principal office. VI. FACTUAL BACKGROUND 11. Plaintiff Ihde is the owner of a 2005 Robinson R44 Raven II Helicopter, Serial Number 10878, with Registration Number N494SH (the “Aircraft”). As the owner of the Aircraft, Ihde has the right to dry lease it. PLAINTIFF’S ORIGINAL PETITION Page 3 12. CoVentures is in the business of leasing aircraft. D. Claassen, Mitchell, K. Claassen and Lauer are officers and employees of CoVentures and had responsibility for safe operation required under the Agreement. 13. On December 28, 2012, Ihde, acting as Lessor, entered into an Aircraft Dry Lease Agreement (the “Agreement”) with CoVentures as Lessee to dry lease the Aircraft. 14. CoVentures operated from Addison Airport in Addison, Dallas County, Texas. Under the terms of the Agreement, the Aircraft was to be operated by CoVentures, in accordance with all FAA rules and regulations including, but not limited to, FAA Part 91 and Part 135, and in compliance with any and all other applicable laws. During the Lease Period, CoVentures was required to (1) obtain and maintain a general commercial liability insurance policy, (2) remain in exclusive operational control of the Aircraft; (3) operate the Aircraft using duly qualified pilots employed by CoVentures who meet the requirements of the insurance policy applicable to the Aircraft; (4) file all reports as may be necessary or appropriate with respect to such operations; and (5) comply with all of Lessor’s obligations with respect to the operation of the Aircraft. 15. On or about February 14, 2014, Lauer, a duly qualified pilot, employed by CoVentures, was contacted by D. Claassen of CoVentures, to fly the Aircraft to the Bonham, Texas area for aerial observation. After preparing the Aircraft and safety briefing the passengers, Lauer took off with one passenger in a front seat and two in the rear seats with an estimated 75 minutes of fuel on board. Two passengers were fare paying third parties. The third passenger was K. Claassen, who rode along, upon information and belief,’ as a student pilot and observer. After about 40 minutes of flight time and with the Aircraft positioned upwind, Lauer began flying crosswind over a tree line, descending to about 10-15 feet AGL, and attempted to stop the descent and forward speed to make a left-pedal turn. PLAINTIFF’S ORIGINAL PETITION Page 4 16. Because the Aircraft exceeded its weight and balance limits, it continued to move forward and to descend. For about 1-2 seconds the Aircraft continued to accelerate forward while losing more altitude. When Lauer could not stop the forward movement with full aft cyclic nor the descent by adding power to the red line, he decided to make a right turn into the wind with right pedal and cyclic. This all happened in one to two seconds during which time the Aircraft lost further altitude. In a crosswind path, the front of the right skid came in contact with the ground. At that time, Lauer lost control of the Aircraft and it settled on its right side after the main rotor struck the ground, resulting in substantial damage to the Aircraft. VII. CAUSES OF ACTION i. Negligence 17. As for its first cause of action against Defendants, Plaintiff restates and realleges paragraphs 1-16 above, as if fully stated herein and would further show the Court as follows: 18. At all times material hereto, Lauer was acting in the course and scope of his employment for CoVentures. CoVentures owed the duty of a high degree of care to Ihde under Texas law. 19. CoVentures’ overloading of the aircraft, including the presence of K. Claassen on the chartered flight, and Lauer’s failure to properly load and control the aircraft caused it to crash. 20. As a result of this crash, the Aircraft sustained extensive damage, including separation to the frame, rotors and tail boom and loss of use for commercial gain. Defendants’ foregoing negligent conduct proximately caused Plaintiff’s damages in an amount that is within the jurisdictional limits of the Court. PLAINTIFF’S ORIGINAL PETITION Page 5 ii. Breach of Contract 21. As for its second cause of action against Defendants, Plaintiff restates and realleges paragraphs 1-16, above, as iffully stated herein and would further show the Court as follows: 22. The Defendants breached the Agreement by failing to procure and maintain a general commercial liability insurance policy as set forth in the Agreement. 23. Additionally, on the day of the incident, the Aircraft was being used for purposes which were in violation of the terms of the Agreement. 24. The foregoing breach of the Agreement resulted in Plaintiff’s ensuing damages. Plaintiff’s damages are within the jurisdictional limits of this Court. Therefore, Plaintiff seeks recovery of its actual damages, pre-judgment and post-judgment interest and court costs. 25. Plaintiff has made demand on Defendants to pay Plaintiff’s damages more than thirty (30) days before the trial of this matter. Plaintiff has retained attorneys to represent its interests and under TEX. CIV. PRAC. & REM. CODE ANN. §38.001., et seq., Plaintiff is entitled to recover its reasonable attorneys’ fees, including paralegals’ fees, from Defendants for breach of contract. Plaintiff is entitled to recover a sum from Defendants to compensate Plaintiff for a reasonable fee for its attorneys’ fees, including paralegals’ fees, in the preparation and prosecution of this action as well as a reasonable fee for any and all appeals to other courts. iii. Fraud and Misrepresentation 26. As for its third cause of action against Defendants, Plaintiff restates and realleges paragraphs 1-16 above, as if fully stated herein and would further show the Court as follows: 27. D. Claassen and Mitchell misrepresented that CoVentures had obtained proper insurance. Despite written and verbal assurances that its operations were fully insured, PLAINTIFF’S ORIGINAL PETITION Page 6 Defendants failed to secure coverage for the crash that seriously damaged the Aircraft. Such conduct resulted in Plaintiff’s damages. 28. The false representations or omissions as to material facts regarding the Aircraft were made by Defendants in the course of their business and/or in a transaction in which Defendants had a pecuniary interest. Defendants supplied Plaintiff with false information and also failed to provide information regarding insurance coverage for the Aircraft with the intent to not disclose their failure to comply with the Agreement. 29. The false information provided to Plaintiff by Defendants proximately caused Plaintiff’s damages. iv. Alter Ego Liability 30. As for its fourth cause of action against Defendants, Plaintiff restates and realleges paragraphs 1 through 16 above, as if fully stated herein and would further show the Court as follows: 31. Plaintiff alleges that the Defendants, if separate entities, and not divisions of the same entity, are the alter egos of Defendants D. Claassen and Mitchell. The separate corporate entity of CoVentures must be disregarded and it and D. Claassen and Mitchell be treated as one entity, to prevent use of the corporate fiction as an unfair device to inflict injustice on Plaintiff. D. Claassen and Mitchell formed CoVentures for their own personal benefit and to avoid personal liability for any obligations incurred in the course of business. D. Claassen and Mitchell utilized CoVentures as their own account and purposefully removed cash and other assets from CoVentures to the detriment of creditors. Plaintiff has sustained damages as a result of D. Claassen’s and Mitchell’s actions. PLAINTIFF’S ORIGINAL PETITION Page 7 v. Exemplary Damages 32. Defendants knew that the representations detailed above were false at the time such representations were made. The representations were willful and malicious and constitute conduct for which the law allows the imposition of exemplary damages. Plaintiff has incurred and will incur significant expenses, including attorneys’ fees, in the investigation and prosecution of this action. Accordingly, Plaintiff requests that exemplary damages be awarded against Defendants. VIII. JURY DEMAND 33. Plaintiff hereby respectfully demands a trial by jury. Plaintiff requests that Defendants be cited to appear and answer herein, and that upon final hearing this Court grant judgment to Plaintiff: a) Awarding actual damages against the Defendants as pleaded herein; b) Awarding pre and post-judgment interest as provided by law; c) Awarding all costs of suit incurred by Plaintiff, including attorneys’ fees; and d) Awarding such other and further relief, both general and special, at law and in equity, to which Plaintiff may show it is justly entitled. Respectfully submitted, /s/ Kent C. Krause Kent C. Krause State Bar No. 11714600 kkrause@cdklawfirm.com CRADDOCK DAVIS & KRAUSE LLP 3100 Monticello Avenue, Suite 550 Dallas, Texas 75205 214-750-3550 214-750-3551 (fax) ATTORNEYS FOR IHDE INVESTMENTS LC PLAINTIFF’S ORIGINAL PETITION Page 8