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Fri, Jan 13, 2006

Second Lawsuit Filed In Chalk's Accident

"It Isn't About The Money"

Relatives of three victims in the December 19 downing of a seaplane have secured representation to go after Flying Boat Incorporated -- the operators of Chalk's Ocean Airways -- as well as anyone who might have had a hand in maintaining the aircraft.

The group will not settle for a class-action lawsuit against the airline's assets (such as they are) and insurance policies, according to attorney Manuel Von Ribbeck of The Nolan Law Group. They will also go after the insurance policies of everyone connected to the airline’s operations, as well as maintenance workers and any components manufacturers that potentially played a part in the operation of the aircraft.

That list could number in the dozens -- or more.

"Those additional defendants I am sure are also insured, and I’m sure they have assets that could be used to benefit or compensate for the damages that the families have suffered," Mr. Von Ribbeck said in a Tuesday press conference, according to The Bahama Journal.

Except for the broad-swath approach to seeking compensation from almost anyone who ever touched the Turbo Mallard, the lawsuit is otherwise similar to one filed January 5th on behalf of six families who lost relatives in the accident.

That lawsuit claimed lax maintenance procedures and failure to properly inspect the aircraft for corrosion led to the separation of the Grumman G-73T's right wing shortly after takeoff from Miami Beach last month. NTSB investigators have found evidence of cracks in the main wing spar of the aircraft.

The Nolan Law Group, which is based in Chicago, is representing the families of Genevieve Ellis, Salome Rolle, and Niesha Fox in the latest suit. Most recently, the law firm represented families in a similar lawsuit following the 2004 downing of a Flash Airlines 737 in the Red Sea.

According to the Journal, the group plans to use a series of reconstruction exercises intended to give its investigators better insight into what caused the accident -- similar to those the NTSB is conducting as part of their official investigation.

In fact, former NTSB chairman James Hall is now part of the group, according to Von Ribbeck.

Despite the potential payoff, the oldest son of crash victim Genevieve Ellis told the Journal he only wants to know why the accident happened.

"I just want to find out the truth and get to the bottom of this before it gets too late and they take all the papers and disappear with [them] and the family wouldn’t know what happened," said Jeff Charlton. "It isn’t about the money. I just want to find justice and the truth about what’s [going] on."

FMI: www.ntsb.gov, www.nolan-law.com

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