Thu, May 11, 2006
Plane Was To Fly Over Water, Tail Fell Into Jamaica Bay
Any legal matters
pertaining to the 2001 crash of American Airlines Flight 587 will
be dealt with under maritime laws. That's the ruling of a federal
judge in New York on Tuesday, and it could mean dozens of people
who are suing over the crash could win much bigger awards.
Federal Judge Robert Sweet says it doesn't matter that the crash
occurred in the New York City borough of Queens shortly after the
Airbus A300-600 took off from JFK on November 12, 2001. He's ruled
that, because the plane was headed over the ocean on the 1,500-mile
trip to the Dominican Republic, any case that comes up as a result
of the crash should be treated under laws that govern shipping.
"There can be no question that, but for the development of air
travel, this trip or some portion thereof would have been conducted
by a waterborne vessel and that it therefore bears a significant
relationship to traditional maritime activity," the judge wrote in
a 78-page opinion, obtained by The Associated Press.
As Aero-News reported, the A300 lost a portion of its tail when
the pilots encountered severe turbulence, and attempted to
compensate. Two-hundred-sixty people on the plane and five on the
ground were lost in the accident.
A number of lawsuits were filed in the aftermath of the mishap,
and all but a few have already been settled. Cases involving eight
passengers and three victims on the ground remain open, however, as
do more than 20 cases involving injuries and property damage.
The judge noted in his ruling that the defendants contended a
plane must crash on the high seas -- away from land -- to be
subject to maritime laws. Sweet says he also based his decision on
the fact the plane's tail section landed in the waters of Jamaica
Bay.
"The general features of the incident may be described fairly as
a large piece of an aircraft sinking in navigable waters," Sweet
said.
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