In a sweeping victory for client Comercio y Servicios de Transporte Privado PBA S.A. de C.V. (Comercio), PBYA attorney, Porpoise Evans, led a team of litigators including co-counsel, Carlos Jimenez and Gabriel Mazzitelli from Jimenez, Hart & Mazzitelli, in a suit representing the plaintiff against defendant RDI in a breach of contract case involving more than 1.4 million dollars of promised repairs and renovation for Comercio’s aircraft.
The aircraft in question, a preowned Gulfstream aircraft, was purchased by Comercio who subsequently hired defendant RDI to refurbish the airplane’s interior including: new seats, flooring, baggage areas, video monitors, LED Lighting, cabinetry, and a sound system. The total cost of the Alterations called for under the contract was $1,094,300.00.
The plane was returned to Comerico PBA in such a non-conforming, sub-standard, and at times illegal form that a clear breach of RDI’s obligations under the contract existed. The jury awarded Comercio all of the monies spent with RDI for the promised refurbishment of the airplane, plus additional damages totaling nearly $500,000, and awarded the defendant zero dollars pertinent to its counter-claim.