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Madrid Crash Case Should Be Tried Here, Not Stuck in Spanish Amber

March coverage included the news of Central District of California U.S. District Judge Gary Allen Feess dismissing the case against McDonnell Douglas (and component manufacturers) because he believed the litigation of the airline crash case should be moved to Spain. Spanair Flight JK 5022, the deadliest Spanish accident in the last 20 years, killed 154 people (18 survivors) when it crashed just after takeoff at the Barajas Airport in Madrid.

Here is the problem:
In Spain, Spainair filed for a delay which was granted, and now, criminal proceedings have pre-empted civil proceedings, which now makes the Madrid case stuck in Spanish suspended animation.

Families believe that this new development should allow their case to be reconsidered in US Courts.

Suspending civil proceedings until criminal proceedings are concluded could extend the length of time it takes the aviation case to complete. Aviation cases normally take a long time to settle anyway)

According to forum non conveniens, the court court can dismiss a case where another court or forum is better suited to hear the case. (Plaintiffs refer to another Spanair crash case which took eleven years to settle.)

The judge’s decision was based on his opinion that that private and public interest factors weigh in favor of shifting the litigation to Spain. But now that the case will be delayed indefinitely pending the judiciary of Spain’s criminal case, the interest of the families who were affected by the crash has in effect been swept aside.

How is that in anyone’s best interest? Why must the victims’ justice wait on Spain looking at two maintenance personnel have been charged with negligent homicide?

The judge cited “drawbacks associated with translating the cockpit voice recording” but, as Boeing was a technical adviser to the U.S. investigative team, and downloads, transcripts and the cockpit voice recorder are part of evidence already secured in the United States which cannot be secured in Spain.

Plaintiffs argue that family members were injured or died because of problems with the wing slats and flaps (component failure). The facts support the case being tried in US Courts.

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