Yesterday the complaint was available online at the Kreindler website, but now they seem to have pulled it.
An amended 54 page complaint has been recently posted on the Court's website.
Here's some of the legal boilerplate from the complaint. Many CFI's, including radio personality Harley Carnes, seem to be sure that this case will be thrown out. Still, if it goes the wrong way, like the $480 million Cessna 185 seat latch lawsuit (see:
http://www.pprune.org/private-flying...l-lawsuit.html), this case could stifle civilian U.S. flight training for years to come.
Lubitz committed suicide during the subject flight and killed all persons on board by flying the subject aircraft into mountainous terrain near Alpes-de-Haute Provence, France. At approximately 9:30 a.m. CET, Lubitz locked the other pilot out of the cockpit and programmed the subject aircraft to descend. Over the next approximately 11 minutes the subject aircraft continued to change airspeed and descend toward the ground as the pilot repeatedly shouted for Lubitz to let him into the cockpit and pounded on the door in an effort to gain entry to the cockpit. During this sequence of events until the moment of impact, the passengers experienced extreme fear of impending death, panic, pain, suffering and unimaginable mental anguish. At approximately 9:41 a.m. CET the subject aircraft impacted terrain, killing all on board.
ATCA knew, should have known, or could have determined that Lubitz, at the time he presented himself for admission to ATCA, had an extensively documented history of dangerous and debilitating psychotic and depressive conditions, including reactive depression, that his treatment for those disorders included doctor-prescribed medication that prevented Lubitz from pilot training, and that the disorders were “resurgent” and “recurrent.”
Upon information and belief, at no time did anyone in the employ of ATCA nor any designee or agent of ATCA ever make any inquiry of Lubitz or anyone else to determine the status of Lubitz’ mental health, his history of depression, his depression medication history and/or whether he was taking physician-prescribed or over-the counter medication for depression, anxiety or any other purpose.