SPOKANE, Wash. – Newly filed court documents are providing shocking developments in a wrongful death case against a Felts Field aviation company.

Michael Clements, 61, from Alberta was on his way to California and stopped at Felts Field to refuel. His plane crashed shortly after takeoff near Spokane’s Hamilton Street overpass.  He died at the hospital two days later from severe injuries. The NTSB investigation later confirmed his Piper Malibu was filled with Jet A fuel, instead of the AV gas the aircraft required.

The lawsuit claimed it was a Western Aviation employee, Christopher Therrell, who filled the plane full of the wrong fuel, pumping 52 gallons of Jet A into the two tanks over the wings. Court documents filed on Tuesday allege Western Aviation, Phillips 66 and CityServiceValcon should not have hired and promoted Therrell.

Court documents allege Therrell was hired because he was the nephew of Tim Gump, the owner of Western Aviation. The lawsuit claims Therrell had a known history of drug use that could affect his ability to perform his duties as a lineman refueling aircraft. The documents also state that Western Aviation was aware of his past and did not drug test him.

The lawsuit also alleges that all three companies failed to properly train Therrell. He was later promoted to line service supervisor, where he was in charge of the fueling operations for the company. According to court records, Therrell never completed his supervisor training.

Hours after Clements’ plane crashed, the lawsuit states that Therrell agreed to take a drug test but then failed to show up. Court documents state that Western Aviation failed to take any steps to get him to take a drug test and failed to inform authorities about his refusal.

Aviation experts said pump nozzles for the two types of fuel are supposed to be different, but in this case, the lawsuit stated Therrell used a “rogue nozzle,” allowing the plane to be filled with the wrong fuel.

Court records state that Phillips 66 and CityServiceValcon arranged for multiple inspections of Western Aviation and found “critical deficiencies” in their operations. The lawsuit states the two companies were aware, beginning in 2010, that Western Aviation was using the rogue nozzles on its fueling trucks and they were aware of the danger. It also claims the companies did nothing to correct the problem.   

The lawsuit also stated Therrell ignored labels on the aircraft itself that warned to only fill the plane with AV gas. Clements’ place was retrofitted to run on AV gas, other times this type of plane can run on jet fuel.

The family is seeking extensive damages from the three companies. They said all three companies failed to provide adequate training to employees. The family also says the companies were aware that Western Aviation was bypassing certain safety precautions designed to prevent something like this from happening.