Publix sues estate of pilot who crashed into DeLand store

VOLUSIA COUNTY, Fla. — Publix is suing the estate of a pilot who crashed into one of its grocery stores in Deland in April.

The store closed the day of the crash and didn’t reopen until late June. The plane left a gaping hole in the roof of the building, costing $800,000 in repairs. Publix claims it also lost millions in sales during that time.

Pilot Kim Presbrey, 60, died due to complications from third-degree burns. Publix is suing his estate, as well as co-pilot Thomas Rhoades, who survived the crash.

Publix claims the two men weren't adequately trained to fly the homemade aircraft that Presbrey had purchased six weeks before the crash.  The suit also claims he failed to properly inspect it.

A Publix spokesman declined to say how much money they're suing for, and no amount is specified in the lawsuit.

Presbrey was a prominent attorney from just outside Chicago. He co-wrote a widely used guide to Illinois' worker compensation law and was known as a lobbyist for workers comp reform.

Presbey’s widow is listed as the executor of his estate.

According to a preliminary report, Presbey started his flight in Illinois, stopped in Tennessee to refuel and then again in DeLand because the transponder was broken. Presbrey and Rhoades were on their way to Sanford.

Rhoades and three people who were inside the Publix were injured, but survived.

Investigators are still trying to determine why the plane took a nose dive shortly after taking off from the DeLand airport.

The National Transportation Safety Board still has about six more months to investigate the crash.