Female passenger awarded US$272,000 for 2011 CJIA crash

Mar 26, 2018 News

The damaged aircraft after it overshot the runway at CJIA, Timehri.

A Connecticut, US court on Tuesday awarded US$272,000 (approx. G$56M) to a female passenger injured in a 2011 Caribbean Airlines crash at the Cheddi Jagan International Airport, Timehri.
According to court documents, family members Indrawatie Shiwbodh, Yadram Shiwbodh and Maleisa Shiwbodh had filed action against the Trinidad and Tobago-controlled airline.
The action came to trial at the US court, with Indrawatie Shiwbodh standing before Judge Michael Shea.
According to court documents filed this week, after the issues were tried, the court issued a Memorandum of Decision on March 27, 2018 awarding the plaintiff (Indrawatie Shiwbodh) US$68,093.04 in economic damages and US$204,279.12 for pain and suffering, for a total judgment amount of US$272,372.16.
It was also disclosed that Caribbean Airlines had reached a settlement agreement with Maleisa Shiwbodh, and on April 9, 2015, a settlement was also reached with Yadram Shiwbodh.
In their complaint, filed in 2012, the family in the personal injury action suit for damages disclosed that that matter arose from a crash landing of Caribbean Airlines Flight #BW523 in the early morning hours of July 30, 2011 at Cheddi Jagan International Airport in Georgetown, Guyana.
The plaintiffs claimed that they were travelling to Guyana from John F. Kennedy International Airport in New York City.
“Landing at night, the aircraft careened down the runway, overshooting the end of the runway and nearly plunging into a ravine. The impact cracked the fuselage into two parts,” the complaint stated.
The plaintiffs – who were a mother and father and their adult daughter – said they were paying passengers on the international flight and suffered personal injuries as a result of the crash landing.
The three plaintiffs all gave their address as East Haven, Connecticut, and declared that they were US citizens. They argued that as a common carrier, Caribbean Airlines is obligated and expected to provide the highest degree of care to its passengers.
They said through no fault of their own, they were injured.
“These injuries include, but are not limited to: (a) bodily injury and the resulting pain and suffering, b) mental anguish, (c) the costs of past and future medical treatment, and (d) loss of income. Plaintiffs also suffered damages to and loss of their personal property and baggage.”
The suit also claimed that the pilot and crew failed to deploy the flaps and/or slats on the subject aircraft in order to slow and stabilize the aircraft during the approach and landing sequence.
They also failed to warn passengers to brace themselves or prepare for an impact as a result of the failed landing.
The Shiwbodhs were among 157 passengers and six crew members on the Boeing 737-800.
No one died, but dozens of people were injured.

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