Cessna Willing To Submit To Italian Jurisdiction

A Florida federal judge's dismissal of lawsuits filed by the families of 69 people lost in a 2001 runway incursion in Italy was upheld last week by a federal appeals court, which ruled the case was better suited to be decided by Italian courts.

On a foggy morning in October, 2001, a Cessna Aircraft Company jet and a Scandinavian Airlines System airliner collided at Milan's Linate airport, killing 118 people. Lawsuits brought against Cessna by relatives of 69 persons lost in the accident were dismissed by the Miami judge, who ruled that US courts weren't the proper forum to hear the case.

The Associated Press reports that the plaintiffs included 21 Swedes, 19 Italians, 19 Danes, four Finns, three Norwegians, a Romanian and a Briton, suing under bilateral treaties between their respective countries and the US.

A panel of three judges of the 11th US Circuit Court of Appeals agreed with the previous ruling last Friday, basing its decision on the availability of a more suitable forum to try the case in Italy, where the incident happened. Also cited was the greater availability of evidence and witnesses in Italy, and Cessna's willingness to submit to Italian jurisdiction.

The panel did not address the claims of the lawsuits, which maintained that Cessna was at fault for failing to adequately train its company pilots for low-visibility operations. The Cessna pilots were conducting a demonstration flight for a customer when the collision occurred. Contributing to the tragedy was an inoperative radar system at the airport.

Lawsuits were brought against eight other persons involved in the incident in 2004 and 2005 in Italy. The accused were convicted on charges that included manslaughter and negligence, and sentenced to prison terms of up to eight years.

FMI: www.ca11.uscourts.gov