Families of 6 Killed in Cerritos Crash File Damage Suits

Lawyers for relatives of six passengers of an Aeromexico jet who were killed in a collision with a private plane over Cerritos filed three lawsuits Tuesday in federal and state courts seeking millions of dollars in damages against the airline and the estate of the pilot of the small plane.

The negligence and wrongful death claims--to be amended later to include the Federal Aviation Administration--were the first in the aftermath of the Aug. 31 accident that killed all 67 people aboard the two planes and at least 11 others on the ground.

Representing 14 relatives of four of the crash victims, San Francisco lawyer Melvin M. Belli was the first to file suit in Los Angeles federal court, where the other suits are expected ultimately to be consolidated with additional damage claims still to be filed by other potential plaintiffs.

Belli’s suit was filed on behalf of the surviving parents, children and other relatives of Carlos and Guadalupe Lopez of Navojoa, Mexico, who were killed with their 13-year-old son, Carlos Jr., and on behalf of the parents and three sisters of Dinorah Gonzalez, 17, also of Navojoa, who was on her way to start her senior year in high school in the United States.

The suit charged that Aeromexico Flight 498 violated its “duty of utmost care” to passengers by entering “a known dangerous, openly hazardous and nuisance air space” without “adequate collision avoidance safety devices.”

Belli also charged that William K. Kramer, 53, the pilot of a Piper Cherokee Archer II who was killed with his wife and daughter in the crash, was operating “unlawfully” without communications equipment capable of preventing the collision. The suit asked unspecified damages against Aeromexico and Kramer’s estate.

Claim Against FAA

The suit also accused the Federal Aviation Administration of negligence, charging that the FAA “carelessly permitted and condoned extensive aircraft traffic” and “caused inadequate and incorrect warnings and flight direction to be given to Aeromexico and Kramer.”

Two lawsuits also were filed in Superior Court in Norwalk on behalf of relatives of two other victims of the air disaster.

Inglewood lawyer Harold Sullivan filed a $40-million suit on behalf of the widow and two sons of Hector Gutierrez Sr., 22, a native of Sonora living in Los Angeles who was returning on the Aeromexico flight from a visit with relatives in Mexico.

At the same time, a $5-million suit was filed in Norwalk Superior Court by Los Angeles attorney Joe Iacopino, affiliated with Belli’s law firm, on behalf of the father of Jaime Ventura, 23, of Lynwood, another passenger on the jet.

All the lawyers involved said they plan to add the FAA to the lawsuits, but must first file damage claims against the agency itself, which they expect to be denied. Sullivan submitted a damage claim for $20 million to the FAA Tuesday, Iacopino submitted another for $5 million, and Belli is expected to submit a larger claim today.

Approached by Relatives

The lawyers said they had been approached by relatives of victims of the crash, and made no efforts themselves to solicit clients.

The early filing of a lawsuit in a major air disaster usually attracts additional clients for the lawyer filing the suit. But the attorneys involved in Tuesday’s suits said their motives were to preserve evidence in the case and to quickly gain damage awards for their clients.

While both Iacopino and Sullivan filed their actions in Superior Court, they said the Aeromexico case will ultimately be moved to federal court.

“It was just a more streamlined technique for getting it on file as soon as possible,” said Iacopino. “There was not the need to go into federal court. We’re in Superior Court every day. It’s just an easy forum to get through.”

Belli’s lawsuit was carried to Los Angeles by Belli’s son, San Francisco attorney Melvin Caesar Belli, who said that “many other” relatives of crash victims have contacted his father to represent them in the Aeromexico suit.

“They called us from Mexico because of Dad’s reputation,” he said.