1985 Crash at Dallas-Fort Worth : Delta Avoids Suits With Sensitivity, Attorneys Say
Delta Air Lines’ sensitive treatment of the families of victims of a 1985 plane crash has cut down the number of lawsuits against the carrier, attorneys for some of the relatives say.
Marsha Crear, a Delta marketing representative, spent last Thanksgiving with the parents of Mark Vicich, who died two months after he was injured in the crash of Delta Flight 191.
“I care about those people,” Crear said, “and I truly think they care about me, too.”
The Viciches are not suing Delta. In April, Mark’s 28-year-old widow, Charlene Vicich, accepted a $1.5-million settlement from the airline only one day after filing suit in federal court. The friendship between the Vicich family and Crear was forged when all three monitored Mark’s progress.
Only about 60 families are suing Delta over the Aug. 2, 1985, crash that killed 137 people.
160 Potential Suits
Although there are 160 potential lawsuits, only 59 have been filed in federal court, while eight other cases have been filed in California state court. One case has been tried and three others have been settled, the Dallas Morning News reports.
“The people from Delta were so kind and caring, they (the families) felt it was almost a violation of some trust they had with them,” said Richard Brown, a partner in the nationally known Melvin Belli law firm in San Francisco who represents some plaintiffs.
But Brown contends that although Delta did give special treatment to victims’ families, the motivation was to save money.
“They save themselves literally millions and millions of dollars when they do this. That’s the name of the game here,” he said. “They (families) go through one of the worst emotional things in their life, and who’s holding their hand? The person they have to turn around and sue.”
Fort Worth attorney Rod Tanner, who represents one victim’s family, said, “Some families were actually reluctant to file suit because of their feeling that Delta was as much of a victim as they were.”
About 35 families have accepted settlements, said Delta’s underwriter, United States Aviation Insurance Group. About 60 claimants are still undecided.
Other air disasters have prompted a substantial number of suits, with 145 filed in the December crash of an Arrow Air jet at Gander, Newfoundland, that killed 250 U.S. servicemen.
Judge Is Surprised
In the crashes of an Air Florida plane in Washington and a Pan Am jet near New Orleans, defense attorneys said, lawsuits on behalf of nearly every fatality had been filed within one year of the accidents.
U.S. District Judge David O. Belew, who is hearing the federal lawsuits against Delta in Fort Worth, said he is surprised by the small number of suits filed. “I thought everybody would file a lawsuit,” he said.
Whit Hawkins, Delta’s senior vice president for marketing, said, “I will assure you nobody ever once said we’re going to do this for effect.”
Delta officials flew to the airport shortly after the accident. Hollis Harris, Delta senior vice president for operations, said the company’s plan emphasized getting information to passengers’ relatives and friends.
Dallas attorney Windle Turley, the court-appointed lead counsel for plaintiffs in the Delta cases filed in federal court, said Delta’s approach to victims was part of a plan developed with the insurance carrier.
