Florida Judge Turns Back on Tragic Airbus Plane Crash
Miami, August 26, 2009 In Florida court, U. S. District Judge Marcia G. Cooke granted dismissal of the TAM plane crash case in spite of a partial Tam Airbus settlement and significant discovery on behalf of the plaintiffs’ legal team. On the basis of this one Florida judge’s opinion, the cases of all of the foreign plaintiffs were dismissed, as well as that of the U.S. citizen who also lost his life in the plane crash.
On July 17, 2007, Tam Linhas Aereas Flight 3054, a scheduled domestic flight from Porto Alegre Brazil overran the runway at Congonhas International Airport in Sao Paulo Brazil, crashing into a warehouse and fueling station, resulting in the death of 181 passengers, 6 crew members and 12 individuals on the ground. The plane was an Airbus A320, a variant of the same Air France (Flight 447) plane that crashed this summer en route to France, that killed 216 passengers and 12 crew members.
The Brazilian Safety Ministry determined that the plane’s manufacturer, Airbus, should have provided alarms warning the pilots that the braking system was failing; and that TAM failed to properly train its pilots, who did not act correctly in the plane crash emergency. The plane crash was judged to be the result of multiple system failures.
The next step will be an appeal in the Florida courts, according to the law firm of Masry & Vititoe, which explains that “an appeal has a broader scope than a ruling by a single judge.” Masry & Vititoe’s long experience in wrongful death cases is not limited to plane crash cases.
Masry & Vititoe associates Podhurst Orseck will file an appeal in order to continue pursuing the case against Defendants Airbus, Airbus North America Customer Services, Goodrich and IAE International Aero Engines whose products and services played a part in the disaster. The likelihood of the decision’s reversal is increased because the Florida Court of Appeals will want to examine the summary dismissal of a U.S. citizen’s case, as well as the foreign cases attached to it. Masry & Vititoe is optimistic about moving forward to find justice for the plaintiffs.
About Masry and Vititoe
The landmark firm of Masry and Vititoe has a long history of winning cases for victims of wrongful death, negligence, and personal injuries. As in the Hinkley case on which the movie “Erin Brockovich” was based, the firm is known for pursuing the rights of individuals who have suffered injury. They represent thousands of injured persons nationally and internationally; and on their behalf have fearlessly combated and prevailed against some of the world’s largest corporations.