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Sun, Feb 06, 2011

Lawsuit In Brazilian Accident Can Proceed In Florida

Case Involves The Worst Accident In Brazilian Aviation History

The mother of a man killed in a Brazilian aircraft accident in 2007 can sue TAM airline, as well as Airbus, which built the accident airplane.

On July 17, 2007, a TAM Airbus A320 overran the runway and crossed a highway before impacting a warehouse and exploding. The accident fatally injured 187 people.

While the widow of the only American victim in the crash settled with TAM, his mother has filed a separate suit against the airline and Airbus in 2009. Wednesday, the 11th Circuit court in Atlanta ruled that the lawsuit could go forward.

The Courthouse News Service reports that the 11th Circuit's thee-judge panel found that the victim mother had not received due process, because her case had been dismissed before she had an opportunity to bring suit against Airbus. The panel concluded that "the district court abused its discretion" by dismissing the complaint without the opportunity to be heard, and without notice.

The accident resulted in the indictment of several Brazilian citizens, including two TAM employees and five employees of Brazil's civil aviation agency ANAC.

FMI: www.ca11.uscourts.gov

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