United Sued for Wrongful Death in Attack

Sean1999 Ram Air TA · 12-21-2001, 01:17 AM

Thursday December 20, 5:22 pm Eastern Time
United Sued for Wrongful Death in Attack
By Gail Appleson, Law Correspondent

NEW YORK (Reuters) - The widow of a passenger on the hijacked United Airlines flight that slammed into the World Trade Center has filed a wrongful death against the airline in what is believed to be the first such action stemming from the Sept. 11 attacks.
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Filed on Thursday in Manhattan federal court, the suit alleges that United breached its duty to care for the safety of the passengers on Flight 175. It was filed by Ellen Mariani of New Hampshire, whose husband Louis was killed in the attack, and seeks unspecified damages.

The suit says Mariani, a 59-year-old retired sales coordinator at H.P. Hood who was aboard the plane that hijackers deliberately slammed into World Trade Center Tower No. 2, suffered severe fright and terror before dying in the crash.

The Nolan Law Group, the Chicago firm that filed the suit, said it believed this was the first action against an airline seeking to hold it liable for the hijacking.

United Airlines Flight 175 had two pilots, seven flight attendants and 56 passengers. All aboard died when hijackers flew that plane and a second commandeered commercial jetliner into the twin towers, destroying the downtown landmark and killing about 3,000 people.

The hijackings were part of coordinated attacks on Sept. 11 by followers of Saudi-born militant Osama bin Laden that included two other hijackings and subsequent crashes into the Pentagon and a rural area of Pennsylvania.

A spokesman for United, a unit of UAL Corp. (NYSE:UAL - news), said the airline does not comment on pending litigation.

Tom Ellis, a spokesman for the Nolan Group, said Mariani, who went by his middle name of Neil, was traveling to California for the wedding of his wife's daughter from a previous marriage.

His wife, who was on an earlier flight, found out about the crash when her connecting flight was canceled in Chicago because of the attacks, Ellis said.

He said that Ellen Mariani raised money for her husband's $400 ticket through yard sales.

Lee Kreindler, a prominent aviation litigation lawyer, said he also believed it was the first suit against an airline growing out of the Sept. 11 hijackings.

Kreindler, who represents more than 70 clients with claims growing out of the attacks, said he does not plan to file any suits against the airlines relating solely to the World Trade Center attacks.

He said this decision was made because the airlines' liability is limited to its insurance coverage of $1.5 billion for each of the attacks and because so many people were killed and injured in New York. He said that since so many claimants will be competing for money from the World Trade Center attacks, clients are likely to obtain higher recovery by seeking awards from a federal compensation fund.

The multibillion-dollar Sept. 11 Victims Compensation Fund was created to pay the families of those killed or physically injured in the attacks. The fund was set up as part of the $15 billion airline bailout bill in September.

The survivors of the more than 3,000 victims of the attacks on the World Trade Center and Pentagon and the plane that crashed in Pennsylvania can seek compensation from the fund only if they forfeit their right to sue the airlines or any other parties for damages.

Ellis of the Nolan firm said that if plaintiffs decide they do want to file a claim against the fund, they can withdraw their lawsuits within 90 days of the time that rules governing the fund are promulgated.

He said the firm decided to go ahead with the suit in an effort to reach an early settlement with United.

Separately Thursday, the lawyer overseeing the federal compensation fund outlined regulations for the program. He said the first claims may be submitted on Friday. The first checks are expected to be sent in about four months.

The lawyer, Kenneth Feinberg, told a Justice Department news conference the average award would be about $1.6 million per individual.

The fund's size was never specified in the legislation, but Feinberg said the Congressional Budget Office has estimated it might be as much as $6 billion, before deducting other forms of compensation.

Forrest Tohill · 12-21-2001, 11:33 AM

This woman and her attorney need to be looking elseware for damages - like, say UBL or his family in Saudi Arabia - or the hijacker's families for Christ's and Allah's sake!

This sort of litigious mentality is exactly the sort of thing corrupting our society and bringing hatred to us from around the world.

OT : I don't want to sound too harsh, but has anyone sat down and added up the potential monetary compensation some families stand to gain from this? It is quite incredible if you consider all the various funds, government pot lucks and potential litigation. Many could quite possibly get more "help" than they or their spouse could ever have earned in a lifetime. I just hope the "coordination" (whatever that will be) is fair and reasonable - there are a lot of people all over the country (not just in NYC) affected by this crime.

Chansen · 12-21-2001, 12:07 PM

It was the Taliban not United! Stupid. That person lives in an airless dark room oblivious to what is really happening. I guess they don't recognize that we are at WAR!

Stanman · 12-21-2001, 02:10 PM

I wonder if this is what GW Bush meant by getting on with our alives and getting back to normal. This is same kind of stupid BS we had before 9/11 so I guess things are getting back to normal.

Hard to pity some victims of 9/11 with this kind of stupidity going on. Makes you want to take back your donations sometimes.

me737 · 12-21-2001, 06:42 PM

The dumbest person award goes to.........

Ming Lee · 12-26-2001, 03:59 PM

Not sure if there is a case or not. President Bush declared 9-11 as a act of war, then all the victims were casulties of war, consequently there is no case. However, this so called "war" is not a "declared war" then it will be up to the court to decide if there is a case. I am curious to know what is the basis of this case - the neglegence of airlines and rent-a-cop of airport securities or........

Gunship01 · 12-27-2001, 09:32 AM

It's a shame really. The lawyers ultimately come out on top.

12-21-2001, 01:17 AM	#1
Sean1999 Ram Air TA Senior Collector Join Date: Jan 2001 Location: Orlando, FL Posts: 249	United Sued for Wrongful Death in Attack Thursday December 20, 5:22 pm Eastern Time United Sued for Wrongful Death in Attack By Gail Appleson, Law Correspondent NEW YORK (Reuters) - The widow of a passenger on the hijacked United Airlines flight that slammed into the World Trade Center has filed a wrongful death against the airline in what is believed to be the first such action stemming from the Sept. 11 attacks. ADVERTISEMENT Filed on Thursday in Manhattan federal court, the suit alleges that United breached its duty to care for the safety of the passengers on Flight 175. It was filed by Ellen Mariani of New Hampshire, whose husband Louis was killed in the attack, and seeks unspecified damages. The suit says Mariani, a 59-year-old retired sales coordinator at H.P. Hood who was aboard the plane that hijackers deliberately slammed into World Trade Center Tower No. 2, suffered severe fright and terror before dying in the crash. The Nolan Law Group, the Chicago firm that filed the suit, said it believed this was the first action against an airline seeking to hold it liable for the hijacking. United Airlines Flight 175 had two pilots, seven flight attendants and 56 passengers. All aboard died when hijackers flew that plane and a second commandeered commercial jetliner into the twin towers, destroying the downtown landmark and killing about 3,000 people. The hijackings were part of coordinated attacks on Sept. 11 by followers of Saudi-born militant Osama bin Laden that included two other hijackings and subsequent crashes into the Pentagon and a rural area of Pennsylvania. A spokesman for United, a unit of UAL Corp. (NYSE:UAL - news), said the airline does not comment on pending litigation. Tom Ellis, a spokesman for the Nolan Group, said Mariani, who went by his middle name of Neil, was traveling to California for the wedding of his wife's daughter from a previous marriage. His wife, who was on an earlier flight, found out about the crash when her connecting flight was canceled in Chicago because of the attacks, Ellis said. He said that Ellen Mariani raised money for her husband's $400 ticket through yard sales. Lee Kreindler, a prominent aviation litigation lawyer, said he also believed it was the first suit against an airline growing out of the Sept. 11 hijackings. Kreindler, who represents more than 70 clients with claims growing out of the attacks, said he does not plan to file any suits against the airlines relating solely to the World Trade Center attacks. He said this decision was made because the airlines' liability is limited to its insurance coverage of $1.5 billion for each of the attacks and because so many people were killed and injured in New York. He said that since so many claimants will be competing for money from the World Trade Center attacks, clients are likely to obtain higher recovery by seeking awards from a federal compensation fund. The multibillion-dollar Sept. 11 Victims Compensation Fund was created to pay the families of those killed or physically injured in the attacks. The fund was set up as part of the $15 billion airline bailout bill in September. The survivors of the more than 3,000 victims of the attacks on the World Trade Center and Pentagon and the plane that crashed in Pennsylvania can seek compensation from the fund only if they forfeit their right to sue the airlines or any other parties for damages. Ellis of the Nolan firm said that if plaintiffs decide they do want to file a claim against the fund, they can withdraw their lawsuits within 90 days of the time that rules governing the fund are promulgated. He said the firm decided to go ahead with the suit in an effort to reach an early settlement with United. Separately Thursday, the lawyer overseeing the federal compensation fund outlined regulations for the program. He said the first claims may be submitted on Friday. The first checks are expected to be sent in about four months. The lawyer, Kenneth Feinberg, told a Justice Department news conference the average award would be about $1.6 million per individual. The fund's size was never specified in the legislation, but Feinberg said the Congressional Budget Office has estimated it might be as much as $6 billion, before deducting other forms of compensation.

12-21-2001, 12:07 PM	#3
Chansen Complete Wacko! Join Date: Oct 2000 Location: Parker, CO Posts: 3,016	I thought that is way we are at WAR! It was the Taliban not United! Stupid. That person lives in an airless dark room oblivious to what is really happening. I guess they don't recognize that we are at WAR!

12-21-2001, 06:42 PM	#5
me737 Insane Collector Join Date: Nov 2001 Location: Albuquerque New Mexico, Green Chili Cheeseburger capitol of the world! Posts: 1,002	The dumbest person award goes to......... __________________ Instant message me if you want. If you don't then okay, it doesn't hurt me. AOL& MSN handle Jetsetter737. I want more planes. No, more than that. I still want more.

12-26-2001, 03:59 PM	#6
Ming Lee Collector Join Date: Jul 2000 Posts: 63	Interesting Case ! Not sure if there is a case or not. President Bush declared 9-11 as a act of war, then all the victims were casulties of war, consequently there is no case. However, this so called "war" is not a "declared war" then it will be up to the court to decide if there is a case. I am curious to know what is the basis of this case - the neglegence of airlines and rent-a-cop of airport securities or........

12-27-2001, 09:32 AM	#7
Gunship01 Lufthansa Skyshark Join Date: May 2000 Location: San Diego Age: 45 Posts: 1,401	It's a shame really. The lawyers ultimately come out on top. __________________ Now where's that 747-400 club? More Lufthansa and Virgin Atlantic 744s!! By all that is holy.... MORE JET BLUE AND US AIRWAYS(NC)!!

12-21-2001, 11:33 AM	#2
Forrest Tohill Master Collector Join Date: Dec 1999 Location: Dallas, Texas, USA Age: 51 Posts: 713	This woman and her attorney need to be looking elseware for damages - like, say UBL or his family in Saudi Arabia - or the hijacker's families for Christ's and Allah's sake! This sort of litigious mentality is exactly the sort of thing corrupting our society and bringing hatred to us from around the world. OT : I don't want to sound too harsh, but has anyone sat down and added up the potential monetary compensation some families stand to gain from this? It is quite incredible if you consider all the various funds, government pot lucks and potential litigation. Many could quite possibly get more "help" than they or their spouse could ever have earned in a lifetime. I just hope the "coordination" (whatever that will be) is fair and reasonable - there are a lot of people all over the country (not just in NYC) affected by this crime.

12-21-2001, 02:10 PM	#4
Stanman Senior Collector Join Date: Oct 1999 Location: Waxahachie, Texas, USA Posts: 426	I wonder if this is what GW Bush meant by getting on with our alives and getting back to normal. This is same kind of stupid BS we had before 9/11 so I guess things are getting back to normal. Hard to pity some victims of 9/11 with this kind of stupidity going on. Makes you want to take back your donations sometimes.

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