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Dear Readers,
We make a special effort here to record the facts as we receive them. At times, there may be error but we do try to use our best judgement at the time of posting, and will be glad to amend any details which are proved incorrect. Furthermore, even though we do not here discuss the human cost, we realize that losing anyone in an air accident is insurmountable tragedy to individuals, families and communities. We do extend our heartfelt sympathy to those whose loss we record here. "...any man's death diminishes me, because I am involved in mankind, and therefore never send to know for whom the bell tolls, it tolls for..." us all.
Meditation XVII - (with apologies to) John Donne


2008/03/30

PR Newswire: Multiple Lawsuits Against TAM Airlines

Masry and Vititoe Partners, MIAMI, March 26 /PRNewswire/ PRESS RELEASE -- Internationally recognized aviation attorneys Steven C. Marks and Ricardo M. Martinez-Cid with the Podhurst Orseck law firm have filed a series of lawsuits on behalf of families of passengers killed in Brazil's worst airline disaster. On July 17, 2007, 199 people perished when TAM Airlines Flight 3054 slid off the runway at Congonhas Airport and slammed into an air cargo building in Sao Paulo. Today, Podhurst attorneys filed 59 wrongful death complaints related to the catastrophe in the U.S. District Court for the Southern District of Florida.

In addition to TAM NYSE: TAM, which is charged with its own negligence and that of its pilots and maintenance personnel, the defendants in the lawsuits are Pegasus Aviation IV, Inc.; Airbus S.A.S.; Airbus Industrie G.I.E. (EADS) (EAD.PA); Airbus Customer Services, Inc.; Goodrich Corporation NYSE: GR; and International Aero Engines AG.

"Responsibility not only lies with the companies that manufactured and handled maintenance for the aircraft," said Marks, "We believe Airbus provided inadequate customer support, simulator services, and training materials for the pilots and flight crew that replicates the performance of the aircraft in all normal and abnormal conditions."

Marks said it's clear the flight crew knew there were problems with the aircraft before the disaster because the plane's right thrust reverser had been deactivated before the flight.

"The thrust reverser is used to slow the jet down upon landing. Without an operational right thrust reverser, it didn't have enough room to stop on the runway, ending in a horrific crash when the plane skidded off the runway's edge," he said.

Podhurst Orseck filed the first lawsuit related to the crash on behalf of the family of 35-year-old Ricardo Tazoe of Miami, an employee with Banco Santander. In all of the cases, the plaintiffs are seeking a jury trial to recover financial damages for pain and suffering; lost value of life; funeral expenses; and all other damages they may be entitled to under the law.

Marks and Martinez-Cid have extensive experience handling Brazilian aviation matters. They currently represent the families of numerous passengers who were killed when Gol Transportes Aeros Flight #1907 collided with an Embraer Legacy 600 business jet over the Amazon Rainforest in September 2006.

They have represented victims in countless significant major commercial airline crashes, including those killed in the crash of Comair Flight 5191 at the Blue Grass Airport in Lexington, Ky. in August 2006. Marks has acted as co-lead trial counsel for the California State Court plaintiffs after a Silk Air crash between Jakarta and Singapore in 1997 (successfully obtaining one of the most significant and largest verdicts in a mass disaster aviation case) and acting as lead liaison counsel for the state court and federal multi- district litigation plaintiffs' steering committees over the ValuJet Flight 592 crash in Miami-Dade County in 1996.

Based in Miami, Podhurst Orseck, P.A. concentrates exclusively in trial and appellate litigation. The firm's general tort practice places a major emphasis on aviation, automobile, products liability and medical malpractice litigation. In addition, the firm has a substantial practice in commercial, matrimonial and criminal litigation, as well as complex commercial tort litigation. Attorneys serve clients and corporations throughout the United States, and in many foreign countries. You can learn more about Podhurst Orseck by visiting the firm's website at www.podhurst.com.

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