Dear Editor,

In response to your article in the Observer of January 14, 2010 concerning the crash of American Airlines Flight 331 in Kingston on December 22, 2009, I wish to point out and correct a substantial misquote attributed to me in your article.

I am reported to have “advised passengers that they should refuse American Airlines’ initial offer of US$5,000 as they could get up to US$135,000 in compensation.” I gave no such advice to any passenger either on air or in person. The fact is: I cautioned passengers not to sign or negotiate the US$5,000 cheque provided to them by American Airlines before consulting with a lawyer to determine whether they were compromising any potential claims they might have against American Airlines for injuries and other damages suffered as a result of the accident.

The US$5,000 represents an advance payment by American Airlines towards the economic needs of passengers who are injured, as required by law.

The 100,000 Special Drawing Right (SDR) referred to in the Montreal Convention and in the Carriage by Air (Montreal Convention) Act, 2009, converts into approximately

US$135,000 at the current exchange rate and represents the limit of liability for death or injury to passengers, unless there is evidence of fault by the airline in which case, liability would be unlimited.

The Montreal Convention and the Carriage by Air (Montreal Convention) Act, 2009, apply only to the airlines and not to any other potential defendants whose liability, if proved, would be unlimited. Additionally, my training and experience qualify me as the only practising aviation attorney in Jamaica and possibly the Caribbean at this time.

G Anthony Hylton

6 St Lucia Avenue

Kingston 5