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Lawyers of AA331 crash victims going after Boeing
Canadian aviation expert Max Vermij (left) displays a model Boeing 737 plane as attorneys from Chicago-based law firm Ribbeck Law, Manuel Von Ribbeck and Monica Kelly look on during a press conference at the Spanish Court Hotel in Kingston yesterday. (Photo: Lionel Rookwood)
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BY INGRID BROWN Observer senior reporter browni@jamaicaobserver.com  
January 7, 2010

Lawyers of AA331 crash victims going after Boeing

LOCAL law firm HyltonBrown and Chicago-based Ribbeck Law who have forged an alliance to do battle with American Airlines to recover damages for some passengers of flight AA331 which crashed in Kingston last month, yesterday filed a petition in a US court for manufacturer of the Boeing 737-800 plane to provide further details on the aircraft.

The announcement came a day after the Jamaica Civil Aviation Authority (JCAA) indicated that preliminary investigations have, so far, not revealed any mechanical failure of the commercial jet.

At a press conference at the Spanish Court Hotel in Kingston yesterday, the lawyers said they were hoping to represent at least 60 of the 148 passengers who were on the aircraft when it overshot the runway at the Norman Manley International Airport, mowed down a perimeter fence, crossed the Port Royal road and crash-landed on the beach.

Attorney Anthony Hylton of HyltonBrown said they have since written to the JCAA for its lead investigator, Canadian aviation expert Max Vermij, to be allowed access to critical information which will assist in the litigation.

“The JCAA has the power under our laws to exercise that discretion,” he said.

The lawsuit is being filed for the first 12 survivors with more persons expected to be added over time.

“We confidently expect that by the time this is over we will represent over 60 to 70 persons,” Hylton said.

Manuel Von Ribbeck, managing partner of Ribbeck Law, told journalists that the crash may have been caused by a combination of factors, including human error, mechanical failure and weather conditions.

“The fact that they (JCAA) are ruling no mechanical failure is fine. However, it is not conclusive, and so it is for the jury and judges at trial to decide after listening to our experts who they believe are correct,” he said.

As such, Ribbeck said they have petitioned the court to provide details of the manufacturing design and operation of the aircraft, the aircraft’s ownership, and the components of the braking system.

Additionally, the lawyer said they are seeking to determine what instructions are given by the operational manual for landing a 737-800 aircraft versus the training the pilots receive.

“That is a main issue here because there is an issue with the amount of tailwind that the 737 may have when landing and what it is that American Airlines tells the pilots where that is concerned,” he said.

The JCAA has reported that the aircraft landed with a tailwind of 14 knots, one below the required 15 knots allowable by the operational manual.

Yesterday, Hylton also disclosed that a letter has been sent to American Airlines demanding answers as to why the airline had not yet released passengers’ luggage.

He said all the passengers have already identified their luggage but have been informed the pieces of luggage must be sent overseas to be decontaminated.

“It seems to me they could have given passengers the option of wanting them to clean or be given access to their luggage to take out sensitive items,” Hylton said.

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