Fly Ja­maica faces sec­ond class ac­tion suit over crash land­ing

Stabroek News Sunday - - REGIONAL NEWS -

Fly Ja­maica has been slapped with a sec­ond law­suit by an­other Cana­dian law firm rep­re­sent­ing pas­sen­gers who were on­board ac­ci­dent at the Cheddi Ja­gan In­ter­na­tional Air­port (CJIA).

Ac­cord­ing to a press re­lease is­sued by Ro­chon Gen­ova LLP, a class ac­tion law­suit was filed on Fri­day seek­ing just com­pen­sa­tion to pas­sen­gers and their fam­i­lies who have been harmed as a re­sult of the “dread­ful ac­ci­dent.”

Four pas­sen­gers, In­vor Bedessee, Shanta Per­saud, Harpreet Singh and Zakran Ally, are said to be pro­posed rep­re­sen­ta­tive plain­tiffs in the suit.

Due to the sever­ity of this crash land­ing and the en­su­ing emer­gency evac­u­a­tion, the re­lease said, pas­sen­gers suf­fered many in­juries and lost valu­able be­long­ings.

The re­lease fur­ther noted that Min­is­ter of Pub­lic In­fra­struc­ture has re­ported that the flight crew did not de­clare an emer­gency with air traf­fic con­trol prior to land­ing. As a re­sult, it said emer­gency crash fire and res­cue ve­hi­cles and per­son­nel were de­layed in their ar­rival at the crash scene, and pas­sen­gers had to make their way back to the air ter­mi­nal on their own.

Mean­while, Man­ag­ing Part­ner of Ro­chon Gen­ova LLP Joel Ro­chon is quoted as say­ing, “A timely and fair res­o­lu­tion of this case is of crit­i­cal im­por­tance to the vic­tims and their fam­i­lies. Only a fo­cused ap­proach to this lit­i­ga­tion, hav­ing re­gard to pre­cisely what went wrong, can achieve this re­sult.”

The law firm has ex­ten­sive ex­pe­ri­ence in both avi­a­tion and class ac­tion lit­i­ga­tion and it has rep­re­sented pas­sen­gers and also air car­ri­ers, man­u­fac­tur­ers and air­ports for more than 20 years. Ad­di­tion­ally, the law firm’s Class Ac­tions group com­prises seven lawyers prac­tis­ing class ac­tion lit­i­ga­tion full time.

This is the sec­ond class ac­tion law suit to have been filed against the Kingston, Ja­maica-based air­line in the past two weeks.

Howie, Sacks & Henry LLP (HSH), to­gether with Camp Fio­rante Matthews Moger­man LLP filed a class ac­tion law­suit on Novem­ber 23rd. John and Tul­sidai Somwar are said to be listed as the rep­re­sen­ta­tive plain­tiffs for that pro­posed class ac­tion.

Di­rectly ad­dress­ing the con­cerns of the Novem­ber 9th ac­ci­dent at the CJIA, the law firms noted that af­ter a long frus­trat­ing pe­riod, Cana­dian pas­sen­gers fi­nally re­turned to Toronto the fol­low­ing week.

How­ever, many of the pas­sen­gers have since crit­i­cised Fly Ja­maica for the lack of com­mu­ni­ca­tion fol­low­ing the crash land­ing, while valu­able be­long­ings left on the plane af­ter evac­u­at­ing, such as jew­ellery, cash and elec­tron­ics, were un­ac­counted for.

“Vic­tims of this ac­ci­dent de­serve an­swers and com­pen­sa­tion for their pain, suf­fer­ing and losses,” the two firms said in a state­ment.

Toronto, Canada-bound Fly Ja­maica flight OJ 256 re­turned to CJIA af­ter ex­pe­ri­enc­ing hy­draulic is­sues. The air­craft, how­ever, over­shot the open run­way and veered to a closed sec­tion, re­sult­ing in dam­age to the right wing. The plane was im­me­di­ately evac­u­ated.

Ten pas­sen­gers were taken to the hos­pi­tal soon af­ter. An eleventh per­son, Rookhia Kal­loo, 86, was sub­se­quently hos­pi­talised with a frac­tured skull sev­eral days later and died.

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