Relatives file lawsuit
against Du Pont
By Alison Auld / The Canadian Press
Lawyers representing dozens of families who lost relatives in
last year's Swissair plane crash filed a $3-billion US lawsuit
Wednesday against a giant U.S. chemical manufacturer.
Lee Kreindler, a Manhatten lawyer for 76 victims, said a 49-page
suit against Du Pont was filed in a New York City court Wednesday
afternoon.
The suit names Du Pont as the manufacturers of metalized Mylar,
insulation that was used on the Swissair jetliner that crashed off
Peggys Cove last Sept. 2, killing all 229 people on board.
"It's a substantial factor in the spreading of the fire,"
Kreindler said from his office. "That is tantamount to probable
cause."
The U.S. Federal Aviation Administration issued a directive last
week that said the insulation, found in the plane's bulkheads,
should be removed from a series of planes made by McDonnell Douglas.
The order, which affects more than 1,200 planes worldwide, was
based in part on the findings of an investigation into the crash by
Canada's Transportation Safety Board.
The TSB said the Mylar failed flammability tests and that "a
significant source of the combustible materials that sustained the
fire was thermal acoustical insulation blanket material," or Mylar.
The Swissair pilots reported smoke in the cockpit moments before
the plane went down. Investigators haven't determined the cause of
the crash, but have focused on possibly faulty wiring.
Kreindler's cases against Swissair and Boeing Co., which owns
McDonnell Douglas, are valued at $25 million in compensatory damages
and $25 million for punitive damages for each of the 76 victims. If
successful, they could be the largest lawsuits in aviation history.
His firm was also trying to determine which company made the
blanket insulation that contained the Mylar so it can sue it.
"If we could identify the manufacturers of the blankets, we would
sue them, but it doesn't look like that's going to happen," he said.
The suits had to be filed within the first year of the crash
because of certain statutes in Nova Scotia and the United States.
Lawyers for three other families filed suit against Du Pont in a
California court earlier this week.
The FAA order must be carried out within four years and could
cost up to $880,000 per plane. Swissair and Boeing have offered to
accept financial liability and pay compensation. But they are trying
to get the non-American cases tried where the ticket was purchased.
European courts traditionally hand down smaller awards.
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