TacAero Owner Kevin Sutterfield Attempted to Fly Aircraft on Maiden Test Flight Despite Engine Producing Less Than Half of Required PowerÂ
REDWOOD SHORES, Calif., May 20, 2026 /PRNewswire/ -- Danko Meredith, Trial Lawyers, announced today that it has filed suit in the United States District Court for the Western District of Texas on behalf of Canard Aero, LLC against TacAero (Hangar 15, LLC), its predecessor entities, and Kevin Sutterfield, individually, arising from the January 5, 2026, crash and total loss of an experimental aircraft at Gillespie County Airport (T82) in Fredericksburg, Texas.Â
The AllegationsÂ
According to the complaint, TacAero contracted to reassemble, inspect, and conduct FAA-required Phase I flight testing of "Just Ducky," a ScaleWings SW-51 Mustang experimental aircraft powered by a Rotax 916iS engine rated at 160 horsepower. On January 5, 2026 — the aircraft's maiden test flight — Kevin Sutterfield elected to serve as the test pilot despite having less than one hour of total flight time in the aircraft type.Â
The complaint alleges that before and during the takeoff roll, cockpit instruments showed the engine was producing a fraction of the power required for flight. Rather than abort — as TacAero's own pilot had done weeks earlier when a different aircraft in the same program showed identical symptoms — Sutterfield continued the takeoff. The aircraft never climbed higher than approximately 30 feet before descending rapidly and striking the ground. Just Ducky is a total loss. TacAero and Sutterfield have not yet responded to the suit.Â
The LawsuitÂ
The complaint, filed in federal court, asserts claims for negligence, gross negligence, and breach of contract against TacAero and Kevin Sutterfield individually. Slack Davis of Austin, Texas, is local counsel for the plaintiff. Canard Aero seeks damages of not less than $792,661 in quantified losses — including the cost of a replacement aircraft, FAA-mandated builder trip costs, reassembly and Phase I flight testing expenses, tax damages, and loss of use — plus attorneys' fees, prejudgment interest, and reserved items including import tariffs.Â
The complaint and additional background are available at:Â
Danko Meredith is a plaintiff's trial firm representing victims of aviation accidents, catastrophic personal injury, wrongful death, product liability, and mass torts. The firm's aviation law blog, the Aviation Law Monitor, is published at aviationlawmonitor.com Danko Meredith has offices in Redwood Shores, Pasadena, and Kahului, Hawaii.Â
This release describes allegations in a civil complaint. The defendants have not yet responded to the lawsuit.Â
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