Our lawyers have represented American and foreign families who have lost loved ones on account of the negligence of major airlines, private pilots, and on the part of a Federal Aviation Administration air traffic controller. As with every wrongful death case we handle, each of our attorneys and staff bring to the task of representing the surviving family members the most energetic and compassionate effort possible.
VERDICT: Airliner Crash/Wrongful Death. In Estate of Wong Valle v. TAN-SA-SAS Airlines, Scott Sheftall won a $1.7 million verdict in Miami-Dade Circuit Court for the surviving child, age 17, of Nicaraguan parents who were killed in the crash of a TAN-SA-SAS airliner outside Tegucigalpa, Honduras. Other surviving adult children living in Atlanta, Georgia, Mexico City, and in Columbia shared in the recovery won for their parents' estates.
NON-JURY TRIAL: Mid-Air Collision/Wrongful Death. In Estate of Nakajima v. United States, Scott Sheftall represented the parents of a Japanese student helicopter pilot who was killed when an airplane collided with the decedent's helicopter during stop-and-go training exercises. Mr. Sheftall argued at trial that the United States was liable where its FAA air traffic controller failed to maintain vigilance of the plane and the helicopter within the Opa Locka airspace, and failed to inform the aircraft pilot and the student helicopter pilot of the other's presence and location. The federal judge agreed with Mr. Sheftall and ruled the United States was negligent. The judge returned an award under the Federal Tort Claims Act for $637,407 in damages, but reduced it by 30% due to his finding that the student helicopter pilot was himself negligent for failing to compensate for any cockpit obstructions and for failing to "see and avoid" the airplane. 759 F. Supp. 1573 (S.D. Fla. 1989). Mr. Sheftall appealed, arguing that the decedent could not be found negligent for failing to "see and avoid" the airplane when, without any warning, it had descended upon and struck his helicopter from behind in his "blind spot." The successful appeal resulted in the restoration of the entire monetary award to the clients from Tokyo. 965 F. 2d 987 (11th Cir. 1992).
