The NTSB, in coordination with the U.S. Navy Supervisor of Salvage, recovering wreckage of the Bombardier CRJ700 on Feb. 3.
WASHINGTON – Lawsuits over the January crash of an American Airlines plane that collided with an Army helicopter over the Potomac River are beginning to increase, with many more sure to come, according to court documents.
Clifford Law filed the first Sept. 24 against American Airlines and the U.S. government, alleging negligence caused the crash of Flight 5342. Sixty-seven people died in the accident on the night of Jan. 29, with 64 of those passengers on the American plane. Another law firm says it represents more than half of them.
On its final approach into Reagan National Airport, the jet struck a Black Hawk helicopter as its crew was performing a flying evaluation. In March, the National Transportation Safety Board noted risky distances between helicopters flying on Route 4 and planes landing on runway 33.
The proximity of the two paths is “insufficient” and poses “an intolerable risk to aviation safety by increasing the chances of a midair collision,” the NTSB said.
Following its own investigation, Clifford Law sued in D.C. federal court on behalf of the Estate of Casey Crafton. The suit cited the NTSB’s findings and blamed American for overloading its flight schedule at DCA, which it says is one of five airports in America designated “high-density” because of a limited number of takeoffs and landings plus “the complex nature of air traffic in the area.”
“Prior to this crash, American knew additional flights in and out of DCA would, and did, result in increased risk to safe flight operations,” the suit says.
After the complaint was filed, Judge Ana Reyes foresaw a number of similar cases coming and ordered a case management conference. On Oct.14, she added the second case over the crash, filed by Regan Zambri Long and Williams & Connolly, to the Crafton docket, and a third two days later.
Last week, a 133-page master complaint was submitted for all crash cases. On Nov. 4, at least the fourth case was filed, this one by Gateway Litigation of Miami and Podhurst Orseck of Coral Gables, Fla.
Kreindler & Kreindler of New York says it represents the estates of 34 victims of the crash and has asked to be appointed lead counsel. Proposed co-chairs are Clifford Law and Speiser Krause.
Those three firms represent 49 victims. Every other firm that has a client should be appointed to a Plaintiffs’ Steering Committee, a motion filed by plaintiff lawyers says.
“In addition to ensuring that every victims’ family is represented on the PSC, these attorneys have significant aviation, mass tort and other relevant experience,” it adds.
Brian Alexander, a former military pilot, would be Kreindler & Kreindler’s lead counsel. He’s also on the Plaintiffs’ Executive Committee in lawsuits against Boeing over the crash of Ethiopian Airlines Flight 302.
