#United States #Danko Meredith #Fredericksburg #TacAero #Kevin Sutterfield

Lawsuit Filed Against TacAero and Kevin Sutterfield

In a significant legal move, trial lawyers of Danko Meredith have launched a lawsuit in the United States District Court for the Western District of Texas. The lawsuit arises from an incident that occurred on January 5, 2026, in Fredericksburg, Texas, where an experimental aircraft, Just Ducky, crashed during its inaugural test flight, resulting in its total loss.

Background of the Incident

The aircraft in question is a ScaleWings SW-51 Mustang powered by a Rotax 916iS engine, advertised to deliver 160 horsepower. TacAero was contracted to reassemble, inspect, and conduct the necessary FAA-required flight testing for the aircraft. According to the claims detailed in the lawsuit, Kevin Sutterfield, the owner of TacAero, decided to pilot the plane for its maiden flight, despite having less than one hour of experience in this specific type of aircraft.

Witnesses and preliminary reports suggest that, during takeoff, the cockpit instruments indicated that the engine was producing less than half of the required power. Despite this alarming information, Sutterfield chose to continue with the takeoff—an action that starkly contrasts with the protocol followed by another pilot from TacAero, who had previously aborted a similar flight under the same conditions. Sadly, the aircraft ultimately failed to gain altitude, descending rapidly and crashing just 30 feet from the ground.

Details of the Lawsuit

The lawsuit was filed on behalf of Canard Aero, LLC, asserting claims of negligence, gross negligence, and breach of contract against both TacAero and Sutterfield personally. Canard Aero is seeking damages totaling not less than $792,661. This amount is intended to cover various expenses, including the cost of replacing the aircraft, FAA-mandated builder trip costs, and the expenses incurred for reassembly and Phase I flight testing. Additionally, claims for lost usage, attorneys' fees, and prejudgment interest are included.

The legal representation for Canard Aero includes local counsel from Slack Davis, based in Austin. Notably, TacAero and Sutterfield have yet to respond to the allegations laid out in the lawsuit.

For those interested in further details of the complaint and background information, it is available in full via the links provided: Lawsuit Blog Post and Full Complaint Document.

About Danko Meredith

Danko Meredith operates as a plaintiff's trial firm, adept at representing individuals affected by aviation accidents, catastrophic personal injuries, wrongful death claims, product liabilities, and mass tort issues. The firm maintains a robust presence in aviation law, characterized by its blog, the Aviation Law Monitor, which serves as a resource for ongoing developments in the field. With operations based in Redwood Shores, Pasadena, and Kahului, Hawaii, the firm's commitment lies in advocating for victims of aviation-related incidents.

This recent action highlights the critical importance of safety protocols in aviation testing and the serious ramifications when such protocols are disregarded. As this case unfolds, it will undoubtedly attract attention from within the aviation community and legal professionals alike.