Brooklyn Family To Sue Boeing For Peru Crash

[Matt Molnar]

Posted on Sat, Sep. 10, 2005

New York family plans to sue Boeing for deadly Peru airplane crash

Associated Press

LIMA, Peru - A New York family that survived a plane crash that killed 40 people in Peru's Amazon jungle last month is planning to sue plane manufacturer Boeing Co. for unspecified damages, their lawyer said Saturday.

Manuel Von Ribbeck of the Nolan Law Group told CPN radio the suit, alleging design flaws in the 737-200 aircraft, would be filed next week in Chicago, where Boeing is headquartered.

"There are a series of design and manufacturing flaws in this plane that make the company responsible, even if that did not cause the accident," said Von Ribbeck, who is representing the Vivas family of Brooklyn, New York.

The TANS Peru plane had 98 passengers and crew on board when a freak hailstorm pushed it off course on Aug. 23, as it made its final decent to land in the jungle city of Pucallpa, 305 miles northeast of the capital, Lima.

The pilot veered the aircraft into a marsh, where it splintered in two and burst into flames.

An investigation is underway and the cause of the accident has not yet been established.

Boeing spokesman Tim Neale declined to comment.

Von Ribbeck said the lawsuit would also name as a defendant United Airlines Flight Academy in Denver, Colorado, where he said the TANS crew received flight simulator training.

United Airlines operates the training center. Robin Urbanski, a spokesman for Elk Grove Village-based carrier, declined comment Saturday.

Reached at his home in Brooklyn, New York, Jose Vivas confirmed that the Nolan Law Group was going to file the lawsuit on behalf of his family.

"The plane was defective. That's the information I have and everything is in the hands of my lawyer," Vivas told The Associated Press.

Vivas, 43, a Peruvian-American who works as a toll collector in the New York City subway system, survived the crash along with his three daughters, his brother and his sister-in-law.

They escaped the disaster with no serious physical injuries, but Vivas said they were suffering from "post traumatic problems."

Both Vivas and Von Ribbeck declined to say how much the family would seek in damages.

Someone started a thread on this on A.net, but of course it turned into a US-bashing thread. I'd prefer a plaintiff-bashing thread. :)

[PhilDernerJr]

"There are a series of design and manufacturing flaws in this plane that make the company responsible, even if that did not cause the accident," said Von Ribbeck, who is representing the Vivas family of Brooklyn, New York.

So they are basically admitting to suing jsut fro the sake of suing?

That's like saying "It might not be their fault, but we have to blame somebody, right?"

Idiots.

[Matt Molnar]

If this had happened here, they might have a legitimate case against the airline. I'm guessing they're suing Boeing and United instead because it would be very difficult to get any damages in Peru. How convenient.