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    Uncontested Liability in Aeromexico Crash; Litigation Proceeds on Damages for Injured Passengers

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    Posted on March 29, 2019 To
    Uncontested Liability in Aeromexico Crash; Litigation Proceeds on Damages for Injured Passengers

    Aeromexico Airlines told a federal judge on Wednesday, March 27, 2019 that it would not contest liability in the tragic incident involving 103 on board July 31 when a plane took off in heavy rain in Durango, Mexico, then crashed moments after takeoff near the runway before catching fire. Thankfully all passengers and crew survived.

    Clifford Law Offices represents a number of the passengers aboard, including a group from the Chicago area. Litigation is pending against the airlines in federal district court in Chicago before the Hon. Harry D. Leinenweber of the Northern District of Illinois.

    That means that the litigation proceeds to determine how much each injured passenger is due as a result of the crash of Aeromexico Flight 2431, an Embraer 190, that was headed to Mexico City.

    Both of its engines reportedly were knocked off in the crash as it plowed through a grassy area before coming to a halt 328 yards from the runway. Mexico’s Directorate General of Civil Aviation released a report in February that stated that the cause of the crash was due to a pilot at the controls who was “not certified and not authorized” to fly the plane, according to a summation of the report published by Contacto Hoy, a Mexican newspaper. The report also cites ineffective communication between the tower and the crew, and among the pilots, as a factor in the crash.

    The report also stated that the captain relinquished the first officer’s seat to the third pilot, a trainee with no experience with that aircraft and who was originally set to observe the flight from the jumpseat behind the captain and first officer. The report also explains of the crew’s failure to properly monitor changing weather conditions and then adjust for those parameters during takeoff to account for possible wind shear.

    The case is set to move forward on damages in federal court. Robert A. Clifford, founder and senior partner at Clifford Law Offices, is working on the matter along with firm partner, Richard F. Burke, Jr.