Boeing settles 5 wrongful death cases over Ethiopian Airlines crash, prepares for trial

Update: 

• Boeing agreed to settle five wrongful death cases ahead of a damages trial for six of the lives lost in the Ethiopian Airlines 737 Max crash that killed 157 people in 2019.
• Ahead of a June 20 trial in a Chicago federal court, Boeing settled the cases brought by the families and estates of Christoph Sautner, Zhenzhen Huang, Victor Tsang, Melvin Riffel and Bennett Riffel, Law360 reports.
• However, the case brought by the family and estate of Jackson Musoni, a Rwandan United Nations worker, will proceed. The wrongful death case was one of the first filed against the airline after the crash.
• In 2022, the court signed off on a bellwether process lining up batches of six cases to proceed to trial.

Boeing 737 Max Crash Overview: 

• Who: Boeing has reached a deal with the families of victims in its Ethiopian Airlines accident in multidistrict litigation (MDL) lodged against the manufacturer after multiple 737 Max crashes. 
• Why: A joint stipulation filed in the case sees Boeing admit liability for the crash that killed 157 people, and allows families to move forward with compensatory damages claims. It also lets Boeing off the hook for any punitive damage claims.
• Where: The Boeing 737 Max MDL is pending in Illinois federal court.

(Nov. 16, 2021)

Boeing has accepted liability for the Ethiopian Airlines 737 Max crash that killed 157 people in 2019 in a deal that allows families to move forward seeking compensatory damages from the airline while shielding the airline from punitive damages.

The joint stipulation between Boeing and the families, filed in Illinois federal court this week, states that each family can recover damages for loss of economic support, loss of consortium, pain and suffering, and emotional distress, amongst other things, under Illinois law.

Each family can now settle with the airline—or go to trial.

“The defendant, Boeing, has admitted that it produced an airplane that had an unsafe condition that was a proximate cause of plaintiff’s compensatory damages caused by the Ethiopian Airlines Flight 302 accident,” the stipulation reads.

“Boeing does not blame any other person for the Ethiopian Airlines Flight 302 accident, nor will Boeing argue that anyone else is responsible for plaintiff’s damages in this trial.”

As part of the agreement, the families dropped their punitive damages claims against the aerospace giant.

Lead counsel for the victims’ families told Law360 that the negotiated agreement and admission of liability was a “significant milestone” for the families.

“This is a significant milestone for the families in their pursuit of justice against Boeing, as it will ensure they are all treated equitably and eligible to recover full damages under Illinois law while creating a pathway for them to proceed to a final resolution, whether through settlements or trial,” they wrote.

 “We are confident that this historic agreement and the compensation to be paid to the families of the ET302 tragedy will serve to hold Boeing fully accountable for the deaths of the 157 people who perished aboard ET302, and help bring their families a step closer to achieving some measure of closure for the loss of their loved ones.”

Boeing Faces Legal Action After Multiple 737 Max Crashes 

The same model of the 737 Max airplane involved in the accident was also involved in another fatal accident just months earlier, leading to a 20-month global grounding of the jets, multiple investigations into Boeing and the Federal Aviation Administration, scores of lawsuits, and settlement costs.

An automated feature unique to the 737 Max called the Maneuvering Characteristics Augmentation System was found to be vulnerable to faulty sensor readings that could inadvertently trigger the system and push the plane to nosedive, Law360 reports.

In a statement, Boeing said it was committed to ensuring that all families who lost loved ones in the accidents were fully and fairly compensated for their loss.

“Since the accidents, Boeing has made significant changes as a company, and to the design of the 737 Max to ensure that accidents like those never happen again.”

Were you affected by Boeing’s 737 Max airplane accidents? Let us know your experience in the comments section below!

The Ethiopian Airlines families are represented by Robert A. Clifford, Kevin P. Durkin, Tracy A. Brammeier and John V. Kalantzis of Clifford Law Offices PC; Steven C. Marks, Ricardo M. Martinez-Cid, Kristina M. Infante, and Pablo Rojas of Podhurst Orseck PA; Justin T. Green, Anthony Tarricone, Brian J. Alexander, Daniel O. Rose, Megan W. Benett, Andrew J. Maloney III and Erin R. Applebaum of Kreindler & Kreindler LLP. 

The Boeing Max 737 Crash MDL is In re: Ethiopian Airlines Flight ET 302 Crash, Case No. 1:19-cv-02170, in the U.S. District Court for the Northern District of Illinois.

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