Failure to provide title to plane leads to $8.7 million verdict 

A jury in Buncombe County awarded Venezuelan native Wilson Aponte and his company $8.7 million after finding that Dove Air Inc. and its president breached a contract with Aponte for the purchase of a Cessna jet.

The jury awarded Aponte $2,922,353. The damages were trebled because the jury found that Aponte was damaged by the fraud of Dove Air and Joseph W. Duncan, the company’s owner and president.

The 2009 deal, negotiated by an intermediary, was for Aponte to pay Dove Air $2.2 million in exchange for a Cessna Citation III. Aponte paid in full, but Dove Air hedged on giving over the plane. When it finally did, the plane came with an unexpected hitch: a $2.3 million lien in favor of Cessna Finance Corporation. That wasn’t part of the deal. The contract provided that the plane would be transferred free of any liens or charges.

After Aponte took possession of the plane, Dove Air failed to transfer its title, despite Aponte’s repeated requests. Aponte finally returned the plane, rescinded the contract and demanded his money back. In August 2010, he brought suit against Dove Air and Duncan in Buncombe County.

In court filings, Dove Air and Duncan alleged that Aponte flew the aircraft extensively before returning it. Dove Air and Duncan counterclaimed for breach of contract, unjust enrichment and negligence, but a Buncombe County jury found on Sept. 22 that Dove Air and Duncan had “concealed or misrepresented the true facts as to why the title was not conveyed” and made false promises that the title would be forthcoming.

The jury found in Aponte’s favor on claims of conversion, fraud, breach of contract and negligent misrepresentation. Judge Marvin J. Pope entered a judgment on the jury’s verdict on Oct. 3.

Tenacity and Diligence

Asheville attorney Dale Curriden, who represented Aponte, said one of his concerns leading into trial was how Aponte would come across to the jury.

The businessman made his fortune running bingo halls in Venezuela, Curriden said, although Aponte owns other business interests both in the U.S. and abroad, including hotels and other properties. Aponte travels around Venezuela by plane to avoid bad roads and threats from bandits.

Curriden said the point was made by opposing counsel that Aponte, who speaks through an interpreter, would not present well to a Buncombe County jury. But Curriden said jurors told him after trial that they found Aponte to be credible, straightforward and likeable.

Curriden said Dove Air is still in business and has an aircraft inventory in the range of 17 planes. In addition, he said, Joseph Duncan owns several high-priced properties in North Carolina. That gives him confidence that Aponte will be able to collect on some of the judgment, although Curriden doubts he’ll ever see all of it.

During the trial, Curriden said, Duncan offered to settle the case with Aponte by offering him his yacht, called “The Tenacity.” Aponte alleged in his complaint – but did not prove at trial – that Duncan used the money Aponte paid him for the Cessna to purchase the yacht.

Aponte rejected the offer. “He wasn’t interested in a yacht. He needed an airplane,” Curriden said. Besides, Aponte already has a yacht. It’s called “The Diligence.”

An attorney who represented Dove Air and Duncan, Harry Haskins of Sarasota, Fla., said the defendants plan to file post-trial motions and an appeal of the judgment. Haskins declined to elaborate on the nature of the motions or appeal.

Verdict Report

Type of action: Contract, fraud, conversion, unfair and deceptive trade practices

Injuries alleged: Financial damages

Case name: Aponte v. Dove Air, Inc.

Case number: 10 CVS 04222

Court: Buncombe County (N.C.) Superior Court

Judge: Judge Marvin J. Pope

Verdict or settlement: Jury verdict

Date: Sept. 22; Judgment entered Oct. 3

Amount: $8,767,059

Special damages: $2,922,353 in compensatory damages trebled (multiplied by three)

Demand: $2.2 million                      

Plaintiff’s attorney: Dale A. Curriden and W. James Johnson, of the Van Winkle Law Firm (Asheville)

Defendant’s attorneys: Harry Haskins (Sarasota, Fla.) and Nick Roknich, (Waynesville)