MONTOYA | LOPEZ, P.L.

Case Nos. 96-3107

Date: July, 1998

RESULT: $ 1,300,000 verdict

STATE: Florida COURT: U.S. District Court, Southern District of Florida

JUDGE: Judge Shelby Highsmith

PLAINTIFF ATTORNEY: Carlos A. Velasquez and Edward Montoya

DEFENDANT ATTORNEY: Attorney for defendant American Airlines: Gregory Cesarano of Carlton Fields Ward Emmanuel Smith & Cutler in Miami

FACTS: This trial involves an action brought by the family of a victim of the American Airlines Flight No. 965 crash near Cali, Colombia. Based on Summary Judgment, the defendant American Airlines, Inc. was found liable of willful misconduct in connection with the crash. Therefore, the only remaining issue to be tried was the extent of the damages of the surviving families. The decedent, Luis Fernando Gomez Herrera, 24, was killed along with 157 other passengers aboard the defendant's Flight No. 965 on December 20, 1995. The evidence showed that the airplane struck the side of a mountain while en-route to Cali, Colombia and was apparently lost and flying at too low an altitude at the time of the crash. The defendant's pilot in command had experience of only a total of thirteen commercial round-trip airplane flights at the time of the accident.

The decedent, Luis Fernando Gomez Herrera, was a student who also worked as a newspaper delivery person. He was survived by his parents. The plaintiff's psychologist testified that Mr. Herrera's death was especially difficult for his parents because parents do not normally expect to outlive their children and because of the violent and sudden circumstances surrounding this young man's death. The jury found for the plaintiff, the Estate of Luis Fernando Gomez Herrera, in the amount of $ 1.3 million.

PLAINTIFF EXPERTS: Plaintiff’s psychologist: Eduardo Pena from Cali, Colombia; and economist: George Reavy