Swissair lawyers seek ruling
on Death on the High Seas Act
By The Associated Press
Philadelphia - Swissair wants to know if a U.S. law on "high
seas" deaths bars the families of people killed in a crash off Nova
Scotia from seeking a billion dollars in damages for pain and
suffering.
Swissair lawyers asked a federal judge Monday to decide whether
the families, who are negotiating a possible legal settlement with
the airline, are entitled to punitive damages.
Families of victims have asked U.S. district Judge James Giles to
reject a settlement package worth about $300 million US because it
would limit an estimated $1 billion in punitive damages.
They argue such an agreement would keep the families from
learning the full extent of any potential misconduct involved in the
September 1998 crash that killed 229 people.
But on Monday, Swissair lawyers asked Giles to determine whether
damages could be limited under the Death on the High Seas Act.
The law only allows for the recovery of compensatory damages, or
real losses associated with income and medical costs, and not
punitive damages. Both sides agreed that the act, which Congress
passed in 1920, does not define the term "high seas."
The plaintiffs argued that the act does not apply because the
crash occurred within the territorial waters of Canada, while
Swissair lawyers said it applies in any waters at least one marine
league (about five kilometres) from the U.S. coast.
Swissair Flight 111 was bound from New York to Geneva when it
plunged into the Atlantic Ocean on Sept. 2, 1998.
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