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Admiralty Law Keyed to Maraist
In re Air Crash Disaster Near New Orleans, Lousiana On July 9, 1982
Citation:
821 F.2d 1147 (1987)Facts
On July 9, 1982, Pan American Flight 759 crashed shortly after takeoff from Moisant International Airport in New Orleans, killing all 154 people aboard. Among the deceased were citizens of Uruguay who were on vacation in the United States. Their relatives, also Uruguayan citizens, filed wrongful death and survival actions in the United States District Court for the Eastern District of Louisiana against Pan American, Boeing, and the New Orleans Aviation Board. The United States was later added as a defendant based on alleged negligence by the Federal Aviation Administration. Pan American moved to dismiss the cases on forum non conveniens grounds, arguing that Uruguay was the proper forum for resolution of the plaintiffs’ claims. Pan American offered to submit to jurisdiction in Uruguay, concede liability, waive any statute of limitations defense, waive the Warsaw Convention’s limitation of damages, and guarantee satisfaction of any judgment entered against it in Uruguay. The district court denied Pan American’s motion, and the cases proceeded to trial. The juries awarded substantial damages to the plaintiffs, including damages for pre-impact pain and suffering, post-impact pain and suffering, and loss of love and affection. The district court entered judgment against Pan American and the United States consistent with the verdicts.
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