The November 2015 crash of Execuflight Flight 1526 into an Akron apartment building drew at least two civil lawsuits: a wrongful death action filed in Broward County, Florida by Joel Castillo, the husband of passenger Diana Suriel, and a property damage suit filed by Beth Montgomery, a tenant whose home was destroyed on impact. Both cases named Execuflight Inc. as a defendant and alleged negligence by the Fort Lauderdale-based charter operator and its two pilots, whose approach to Akron Fulton International Airport in low visibility killed all nine people on board the Hawker 700A business jet.1NTSB. CEN16MA036 Investigation Page
The Wrongful Death Suit
Castillo filed his complaint in February 2016. His wife, Diana Suriel, 32, of Wellington, Florida, was one of seven Pebb Enterprises employees killed on the flight.2Cleveland 19 News. One of the Victims From the Akron Plane Crash Suing Execu-Flight The suit named Execuflight and Rais Group International, the Miami-based company that owned the aircraft and leased it to the operator.3Akron Beacon Journal. Husband of Akron Plane Crash Victim Files Lawsuit
The complaint pleaded negligence and strict liability. It alleged the pilots flew the aircraft at a dangerously low altitude, lacked proper government licenses, and operated the jet with a malfunctioning instrument and control panel. It further alleged that one pilot had a serious health condition that prevented him from passing a medical examination. Castillo sought compensatory damages. Execuflight CEO Augusto “Danny” Lewkowicz declined to comment, citing the ongoing NTSB investigation.4Cleveland Scene. Lawsuit Alleges Negligence Responsible for Akron Plane Crash That Killed 9
The Property Damage Suit
Beth Montgomery lived in the four-unit apartment building the jet struck near the airport. She sued Execuflight and the estates of both pilots, alleging pilot negligence destroyed her home, killed her cat, and caused $25,000 in personal property losses. She also sought unspecified punitive damages, telling the court the defendants had refused to compensate her.5News 5 Cleveland. Second Lawsuit Filed in 2015 Akron Plane Crash
What the NTSB Found
The federal investigation gave the plaintiffs’ negligence theories a detailed factual backbone. In its 2016 report, the NTSB identified the probable cause as the flight crew’s mismanagement of the approach and multiple deviations from company standard operating procedures, producing an unstabilized approach, a descent below the minimum descent altitude without any visual contact with the runway, and an aerodynamic stall.6NTSB. Aircraft Accident Report AAR-16/03
The Board reached past the cockpit. It cited Execuflight’s “casual attitude toward compliance with standards,” inadequate hiring, training, and oversight of its pilots, the absence of a safety management system or flight data monitoring program, and insufficient FAA surveillance of the company.6NTSB. Aircraft Accident Report AAR-16/03
Both pilots had troubled histories the company either missed or ignored. First Officer Renato Marchese, 50, had been terminated by Sky King for “unsatisfactory work performance” after being rated “significantly below acceptable standards” in the simulator; Execuflight never contacted Sky King and provided no remedial training. Captain Oscar Chavez, 40, had been fired from a previous employer for failing to attend required recurrent training. He scored 40 percent on a 10-question crew resource management test with an 80 percent passing threshold, yet his record was altered to show a perfect 100.7Fear of Landing. Operational Failures – Execuflight 1526 Part Two
The company’s CRM training was a PowerPoint presentation that copied text directly from the Code of Federal Regulations. Pilots ran simulator sessions paired with instructors or pilots from other companies, so they never practiced crew coordination together. Lewkowicz admitted he was “not too familiar” with the Pilot Records Improvement Act requirements for vetting new hires.7Fear of Landing. Operational Failures – Execuflight 1526 Part Two
Allegations the Company Altered Records
A former Execuflight captain, Donnie Shackleford, told the NTSB and testified in a sworn deposition that company officers “made such a scramble to change records and eliminate stuff right after that accident, it would make your head spin.” He said Execuflight created false weight-and-balance records showing every passenger weighed exactly 200 pounds, and that Lewkowicz emailed him asking him to lie to NTSB officials in his deposition. Shackleford said he was fired after refusing.8News 5 Cleveland. Former ExecuFlight Captain Says Company Changed and Destroyed Documents After Akron Plane Crash9WPTV. Former ExecuFlight Captain Says Company Changed and Destroyed Documents After Akron Plane Crash
Lewkowicz denied the allegations. Asked whether the 200-pound-per-person figure was accurate for the accident flight, he conceded it was not but said, “we do not supervise every single action that is taken place by the crews.” In a written response to the NTSB, he disputed the finding that the aircraft was more than 600 pounds overweight and blamed air traffic controllers for failing to provide accurate weather information. NTSB board members said one of the two men was “either lying or have a bad memory” but stopped short of formally accusing the CEO of dishonesty.10Cleveland.com. A Litany of Failures Including Possible Lies by Executives
The FAA Civil Penalty
In January 2018 the FAA proposed a $252,175 civil penalty against Execuflight for violations unrelated to the crash. The agency alleged the company had let an unqualified worker perform maintenance on a Gulfstream jet, permitted that worker to inspect and sign off on his own work, and failed to keep accurate maintenance records.11LegiStorm. FAA Proposes $252,175 Civil Penalty Against Execuflight Inc. The action mirrored the maintenance and recordkeeping problems the NTSB had already flagged.
Where the Cases Stand
Available reporting does not show a final resolution for either the Castillo wrongful death suit or the Montgomery property damage suit. No settlement, verdict, or dismissal has been publicly identified.5News 5 Cleveland. Second Lawsuit Filed in 2015 Akron Plane Crash
Execuflight itself continues to operate. Its website identifies the company as an active Part 135 charter operator and a division of B.A.G.H.S LLC, still based at Fort Lauderdale Executive Airport. No publicly reported revocation or surrender of the company’s operating certificate has been identified in available records.12Execuflight. About Execuflight