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First Responders Compromise Investigation

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    Kerala High Court Reverses on Mangalore Crash

    In George’s Point of View


    The Kerala High Court ruled that the Air India need not pay the compensation amount of Rs 75 lakhs each to the victims of the Mangalore plane crash. The Division Bench gave the order in the appeal given by the Air India against the earlier Single Bench rule to pay the amount. The order references the Montreal Treaty.

    I am not surprised. When I first heard the original judgement, it was my layperson opinion that the high court would not let stand the order of the lower court to pass out 75 lakhs to each passenger.

    In my personal opinion the Judge who made that order didn’t read the Montreal treaty very well. In order for the family to collect the equivalent of 100,000 SDRS (about $160,000 U.S.), they must present provable damages and if they do, under the treaty, Tier I, the operator (Air India) cannot dispute or contest paying that amount. The Judge must have overlooked that the 100,000 SDRS is not the minimum required under the treaty, it is the maximum. So when the Judge ordered 75 lakhs to be paid, his order basically was overruling the treaty requirement of proving the damages.

    No, I was not surprised and neither were the attorneys I consult with. If no treaty existed limiting the liability of the operator, then the order from a Judge would have probably stayed in place.

    But that was not the case.

    The Montreal Treaty has two tiers. The above discussion explains tier one. The Tier II provision almost certainly removes the cap entirely, because of where the burden of proof lies.

    As long as the Montreal Treaty is being held as a rule, families should know that in most cases as per the treaty, the value of the case could be much higher than 75 lakhs, pursuant to Tier II of the Montreal Treaty. I know, I know….I’m not a lawyer but I know how it works from experience over the many years I have been working with wrongful death cases, and based on the experience my aviation experts have graciously passed on to me.

    Here is the explanation, as simply as I can explain it:

    If you can prove provable damages, then Tier II (referred to in Article 21(2) of the Montreal Convention) Air India Express is liable to families/passengers for all personal injury or wrongful death damages exceeding 100,000 Special Drawing Rights (SDRs), unless the carrier(s) can prove that the injuries or deaths were not due to the negligence or other wrongful act or omission of the carrier or it servants or agents. OR the injuries or deaths were solely due to the negligence or other wrongful act or omission of a third party.

    The carrier will never prove this and the burden of proof is on them. If I am correct, and know the experts who have taught me, are correct…

    Air India Express is liable to the victims families for all damages under the applicable law, including but not limited to, pain & suffering of loved ones prior to death.

    Air India Express is liable for pain and suffering of the survivors and heirs of the victims.

    Air India Express is liable for the loss of support, i.e., money.

    Air India is liable for the loss and enjoyment of life of the victim.

    I could go on but I will stop here, and caution the families to please be very careful. The families should not give up all that there may be coming in return for even a payment of the 75 lakhs that this new ruling states the company no longer has to pay. If they actually get around to offering it, to get it, it means the families have to give up all rights to future claims.

    I would tell the families this:

    Put up a fight. Your loved one is never coming back, no matter how much they pay you, but, I’m sure he/she would want you to collect the absolute maximum possible. As a passenger, your loved one paid a fare, and no matter what caused that crash, your loved one is FAULT FREE. Legally, the operator must pay.

    Consult a lawyer, an expert in aviation, I beg you to please do not try to do it yourself.

    I fly over 250,000 miles a year, and I wouldn’t want my family to try and do it alone if I were a victim.

    * I am not a lawyer, and this is not legal advice.

    http://twocircles.net

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    GA: Missing Helicopter found

    What: 2006 Robinson R44II en route North Palm Beach County airport to Brasstown Valley Resort and Spa in Young Harris
    Where: north Georgia mountains
    When: Monday evening
    Who: pilot Adam Reeves, of Jupiter, Fla and unidentified passenger
    Why: The helicopter had been missing since Monday. It was found Friday afternoon by the Civil Air Patrol, having crashed in the N. Georgia mountains in northern Lumpkin County around 2:30 p.m. The search began after relatives of the passengers made inquiries at the airport about a helicopter that had never arrived.

    The flight had been due in Blairsville at 7 p.m but had never arrived.

    The helicopter refueled in Madison, Ga around 6:30 pm Monday. At some unknown time it left North Palm Beach County.

    Reeves was a former U.S. Air Force medic who ran health care and realty companies in Palm Beach County.

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    Brazilian Crash Prompts Probe on Airport Work

    Projects intended To Improve Runway

    BUENOS AIRES, July 18 — Brazil is planning to investigate if recent construction projects intended to improve runways at Congonhas contributed to the TAM crash, which killed at least 189.

    Officials emphasized that it is too soon to determine a specific cause but the world’s worst air crash in five years, is the source of sadness and outrage in Brazil. Critics of Congonhas airport have long predicted an accident like Tuesday’s.

    The Airbus 320, touched down and when the pilot realized he could not stop, he attempted to take off again, narrowly clearing an elevated roadway before crashing into a fuel station and cargo office. The capacity of the plane was 185 adults. The 186 people on board included a baby. The weight of the plane was within approved safety ranges. One day before the crash a small turboprop plane harmlessly slid off the same wet runway.

    Rescue crews continued recovering bodies. Authorities confirmed all 186 fatalities aboard the plane. The number could rise. The “black box” recorder has been delivered to the United States for analysis.

    The 6,362-foot runway at Congonhas is 500 feet shorter than the runway at Reagan National Airport, which is considered too short for large jet landings during rain. The newly repaved runway was scheduled to be grooved to channel rain. as standing water has caused delays in the past.

    A congressional panel is already probing Brazil’s aviation security system. Accusations have been made that airport authorities have taken bribes. Federal police are investigating the airport construction projects.

    The Sao Paulo attorney general’s office closed Congonhas runway to large jets. “The runway needs to be extended by 1,275 feet to provide adequate space to accommodate jetliners…The airport put at risk the lives of passengers, crew members and those living in the surrounding area due to the constant skidding caused by the inefficient drainage system.”

    Responding to objections from airport and airline authorities, an appeals judge lifted the ban. The Airbus 320 was not among those planes that had been restricted from landing.

    In Sao Paulo, South America’s largest city with a population of about 20 million, Congonhas airport is surrounded by densely populated commercial and residential neighborhoods. In 1996, a TAM flight crashed a mile from the runway, missing an elementary school.

    Gideon Ewers said, “Runway excursions account for something like a quarter of accidents. Anytime you run off the runway and are confronted with a steep slope, a sheer drop, a four-lane highway and buildings, it’s not good.” Ewers is with the International Federation of Air Line Pilots’ Associations. The International Federation of Air Line Pilots’ Associations represents pilots from over 90 countries.

    The federation urges authorities to add safety-strip extensions to the ends of runways or install “arrestor beds.”

    Since 2000, there have been seven accidents in Sao Paulo resulting major damage to aircraft. Six occurred upon landing. A Gol Airlines jet collided with a small private plane over the Amazon rain forest, killing all 154 people abpard just ten months ago, but Tuesday’s crash is the deadliest in Brazil’s history.

    A U.S. National Transportation Safety Board has an investigator at the scene to assist in the crash probe. Authorities will be combing the site, checking the runway slickness and the possiblility of pilot error. Former NTSB investigator Ron Schleede said. “Most runway-overrun accidents involve slick surfaces or planes going too fast to stop.” A Miami-based lawyer representing the families of 30 victims of the Gol crash, Ricardo Martinez-Cid said he has been contacted by attorneys for families in Tuesday’s disaster. Court actions could be filed after more evidence has been collected.

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    Helicopter Crash in India Kills One; Two Injured

    A helicopter lost its balance and crashed while taking-off from Himalayan shrine of Badrinath, Uttarakhand, India, on June 10th.

    The accident happened due to insufficient air pressure.

    A crew member lost his life while the two pilots sustained injuries in the crash. All five passengers remained safe.

    The crash remains under investigation.

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    Pilot Killed after Small Plane Crashes in California

    A Cessna 152 plane crashed in Concord, California, on January 29th.

    The incident happened shortly after the plane took off from Buchanan Field Airport.

    The pilot, who was the only one aboard, was killed in the crash. He was identified as Christopher Rampoldt, 69, of Martinez.

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    Alba Adriatica Air Show Collision

    A couple of acrobatic planes collided in an Alba Adriatica airshow maneuver and crashed into the sea. One pilot was transported to the hospital. The other pilot, Marco Ricci, lost a wing and could not exit his plane, and died. The plane was located four meters underwater, upside down and closed. Divers tried lifting it with air balloons. The National Agency for Flight Safety (ANSV) has opened an investigation. One plane was Van’s RV-7 # I-Amel; the other was Van’s RV-8 with #I-Lovi.

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