Chuukese passenger aboard crashed Air Niugini flight files law suit


By Bill Jaynes

The Kaselehlie Press

December 28, 2018

Chuuk, FSM—Today, the law firm of Berman O’Connor & Mann filed a civil action against Air Niugini and “Does Entities 1-10” at the FSM Supreme Court in Chuuk on behalf of their client Tatiana Patricio. The civil action arises from injuries Patricio sustained as a result of the crash of Air Niugini Flight 56 on September 28, 2018 in the waters short of the runway at the Chuuk International Airport in Weno.

The Does 1-10 entities are insurance companies that provided general liability coverage and/or excess level liability coverage in policies issued to Air Niugini.

The civil action claims that Air Niugini was negligent in failing to provide safe travel on Air Niugini Flight 56 during its approach and descent to the Chuuk Airport.

It alleges that Air Niugini and its pilot and crew failed to properly and reasonably:

  1. Monitor the flight’s position and altitude;
  2. Monitor the aircraft’s descent below the approach profile;
  3. Note the aircraft’s descent below Minimum Descent Altitude;
  4. Confirm a proper read-back and understanding of the landing clearance;
  5. Properly respond to an emergency situation; and
  6. Otherwise utilize reasonable care and circumspection in the interests of air safety.

The Civil Action is asking the court to render judgment including but not limited to:

  1. Pre and post-impact pain and suffering of the Plaintiff;
  2. Property damage prior to death to personal belongings, including, without limitation, luggage, wallets, money, briefcase, coats, toys, passports, clothing, and jewelry;
  3. Mental anguish and grief of the Plaintiff;
  4. Medical expenses;
  5. Pre-judgment interest; and
  6. Any and all other damages to which Plaintiff may be entitled under applicable law.

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