Managing Shareholder Chad Baruch secures appellate ruling affirming more than $1 million judgment

In a decision that blends A-list travel and high-dollar contract law, attorney Chad Baruch of Johnston Tobey Baruch secured an appellate win for BMH Air and Evolution Jets in Texas’ Fourth Court of Appeals, in a dispute involving a private jet used to fly actor Bruce Willis.

The San Antonio appeals court upheld the bulk of a judgment against Saturn Aviation, the Austin charter company that transported Mr. Willis from Ohio to New York in 2017, ruling Saturn was on the hook for nearly $1 million in repairs and legal fees after the aircraft was grounded by mechanical failure.

The total award included:

• $498,109 in actual damages for aircraft inspection, repair, and recovery.
• $456,864 in attorneys’ fees and litigation costs.
• $60,000 in damages to Evolution Jets for return of its operating deposit.

“This decision reinforces the importance of clear contractual obligations in aviation operations,” said Mr. Baruch, the managing shareholder at Johnston Tobey Baruch. “We’re proud to have successfully represented BMH Air in ensuring that those responsible for operating and maintaining the aircraft were held accountable.”

In a nod to the celebrity passenger, the court’s opinion is littered with several references to characters played by Mr. Willis. The court writes, “Unlike Willis' character John McClane, who refuses to die despite taking on terrorists single-handedly, today we put this dispute to rest.”

The court emphasized that BMH Air, which is based in San Antonio, had the right to pursue remedies directly against Saturn Aviation under an amended sublease, rejecting Saturn’s attempt to shift responsibility for the costly repairs back to the aircraft owner.

The case detailed patterns of substandard maintenance, such as using zip ties and duct tape to secure a wiring harness near the plane’s tail cone, which along with falsified records and questionable billing practices led to significant monetary damages.

BMH Air was represented on appeal by Chad Baruch and Randy Johnston of Johnston Tobey Baruch PC and by George Andrew Coats and Gary Evans of Coats & Evans PC.

The case is Saturn Aviation LLC v. BMH Air LLC, No. 04-23-00095-CV, in the Texas Fourth Court of Appeals.

About Johnston Tobey Baruch

Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation and fiduciary litigation, as well as civil, family and criminal appeals for many prominent Texas companies and individuals.

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“Unlike Willis' character John McClane, who refuses to die despite taking on terrorists single-handedly, today we put this dispute to rest.”