Publix suing pilot who crashed into store

Lawsuit against dead pilot's estate, co-pilot

Published On: Jul 12 2012 07:11:48 PM EDT   Updated On: Jul 13 2012 07:02:53 AM EDT
DELAND, Fla. -

Three months after a plane crashed into a DeLand Publix, the grocery store chain is suing the estate of the pilot who died from his injuries, and his co-pilot.

In April, the experimental aircraft punched a large hole in the grocery store, injuring three people. The plane was purchased as a kit in 2002 and assembled at home by a previous owner.

Publix alleges in the lawsuit that the pilot, Kim Presbrey, 60, and his co-pilot Thomas Rhoades, "Failed to properly inspect, maintain, repair.... " and "...Negligently operated the Experimental Aircraft and caused it to crash into the Publix...."

The lawsuit does not mention the three people injured by name, but does refer to their injuries and the damages to the store.

"[The store] "has sustained millions of dollars of damages, to the structure of the supermarket, fixtures and equipment, lost inventory and lost profits."