The first civil trial against Boeing, stemming from the 737 MAX crash in Ethiopia, will begin on Monday, July 14th. The plaintiff is a Canadian man who lost his entire family in the crash that killed 157 people on March 10, 2019. This gentleman lost his wife and three children in the crash, in addition to his mother-in-law.
The trial is expected to last approximately a week, as it is a damages trial. Boeing already agreed to take full responsibility for the cause of the crash, so the issue of culpability is not in question. This is the first of a series of civil trials seeking damages from Boeing on behalf of the families of crash victims, scheduled for trial. However, previous plaintiffs and Boeing settled before trial. Â
The trial will take place in the United States District Court in Chicago, with Judge Jorge Alonso presiding. An eight-member jury will be selected for the civil trial. The plaintiffs are represented by the Clifford Law Offices, with Robert A. Clifford as lead counsel, supported by three partners from their aviation practice area: Kevin P. Durkin, Tracy A. Brammeier, and John V. Kalantzis.
Judge Alonso ruled on June 18 that aviation experts may testify generally about the G-forces (gravitational forces) experienced by all passengers when the Boeing 737 MAX 8 jet pitched up and down for several minutes before crashing into the ground, creating a huge crater in an Ethiopian field.Â
While the Department of Justice and Boeing settled criminal charges against the company, civil actions for wrongful death are separate from the criminal action, as was demonstrated in the O.J. Simpson case in which he was acquitted of murder but found liable in a civil action.Â
The Bottom Line
Families of the victims are suing Boeing for the trauma they endured with the loss of their family members. The families of those involved in both 737 MAX fatal crashes have received compensation from Boeing, stemming from the criminal case agreement, which many industry observers characterized as a “sweetheart” non-prosecution agreement favorable to Boeing. Â
Jury trials are unpredictable and may result in significant material costs to Boeing, as each plaintiff’s case is brought individually against the company. It also means that damages to families may not be the same for each victim’s family, as each set of circumstances will be presented to a jury to determine the appropriate damages.
The trial is expected to last approximately a week, and we should hear about the damages shortly afterwards, unless a settlement is reached between the parties, which often occurs just before trial and is typically shielded by confidentiality provisions. If the case goes to trial and a verdict is reached, a precedent will likely be set for each victim, enabling analysts to assess the potential impact of additional payments to victim families on Boeing. Stay tuned.
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