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Old 22nd Jul 2020, 13:13
  #172 (permalink)  
WillowRun 6-3
 
Join Date: Jul 2013
Location: Within AM radio broadcast range of downtown Chicago
Age: 71
Posts: 851
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Lawsuits: 1 over, 1 pending (apparently), 1 unfiled (uncertain)

Case No. 3:19-cv-00170, U.S. District Court for the Southern District of Texas, filed mid-May 2019, dismissed upon a confidential settlement (after referral to a Magistrate Judge) in mid-May 2020. Plaintiff was surviving family member of the jumpseater, Sean Archuleta, as administratrix of his estate and as next friend of two minors. Two heavy-hitter aviation litigators were involved in the case (Mary Schiavo (Pl), Andrew Harakas (D)). The court documents (available on the court's website) contain an interesting item: the release of claims includes a list of related parties, which in turn includes "George Bush Intercontinental Airport, the Federal Aviation Administration, or any other airport or aviation authorities, . . ." (emphasis added).

Not that it would keep a lawsuit by the survivors of the captain from trying what would be the novel theory of negligence or other legal responsibility for the FO's - bluntly stated - gross incompetence, asserted against other than his employer (and the chain of related entities -- and in the Texas federal court case, the lists of related entities are pretty substantial). But so far no trace has been found of any lawsuit by the captain's survivors. Maybe I missed it, somewhere.

The lawsuit by the FO's survivors was filed in Sept. 2019 in the 11th Circuit Court for the State of Florida. Not sure whether any electronic access is available to court files (or any other status information about the case).
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