From our Bureau of Expected Outcomes
No surprise here. Spanish lawyers retained by families of the victims of last year’s plane crash at Havana’s airport have encountered stiff resistance from Cuban authorities.
The airline involved and the Cuban government have both attributed the crash to pilot error.
The issue here is compensation. Will Cubana Aviacion and Global Air have to pay the families of the victims? The success or failure of their law suit hinges on the issue of responsibility for the crash and that critical issue can only be determined through an independent investigation.
And there’s the rub. Castro, Inc. has conducted its own investigation and determined the pilots were at fault. The Spanish lawyers want to prove that Castro, Inc. and the Mexican company that leased the plane to them rather than the pilots were the real cause of the crash due to poor maintenance of the aircraft.
So, you know the rest…. The Spanish lawyers are being prevented from carrying out a full investigation. But the English lawyers for Global Air and Castro, Inc. have yet to encounter any resistance.
Gee, what a surprise!
And if they do manage to win their lawsuit, a bigger surprise awaits these poor families. Good luck collecting payment from Castro, Inc.
Even if Castro, Inc. coughs up settlement payments — a highly unlikely outcome — the new Cuban constitution contains a law that makes “self-enrichment” illegal.
Loosely translated from Marti Noticias
Add another unpleasant wrinkle to the sad story of the 112 victims of the plane that crashed in Havana on May 18, 2018. New details have surfaced come out, as revealed in an Univision interview of Spanish lawyers José Tolodi and Sergio Antonio Meler.
Two months after the crash Global Air, owner of the plane, said the accident was due to a “human error” of the pilots, who took off with “a very steep angle of ascent.” Global Air complained that the suspension of their service was unfair and illegal.
After that verdict, compensation to relatives of the deceased entered a no man’s land.
However, a former pilot and an ex-manager of the company denounced in various media, including Efe, that the incident “was something predictable” due to the “absolutely unsafe conditions” of the planes flown by Global Air.
José Tolodi, one of the lawyers in charge of the case, told Univision: “We have no doubt that there will be a favorable sentence for the injured and all the damages that they have had with respect to the victims who have died in the accident will be compensated.”
His colleague, Sergio Antonio Meler, pointed out that it is possible to sue the company “because who pays is the insurance company and pays those who are not guilty for safety, who are the passengers”.
The reporter said that lawyers residing in Spain “were already victims of government harassment when they were detained for several hours while trying to enter the island to meet with their clients.”
Tolodi said: “We have gone to Cuba, we have suffered harassment, we have suffered a lot of pressure from the Cuban police, we have been detained.” The lawyer added that “their relatives have died, we must seek the truth, and the truth is sought without fear. With fear, in the end, you do not get anywhere. “
In a telephone communication from Miami with the city of Holguín, Nohelia García Cruz, who lost her daughter and granddaughter in the accident, explained that the Cuban government has only given access to the lawyers of the London company which represents the insurer and that in no way represents the relatives of the victims.
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