Nation : Judge Denies Punitive Damages in Pan Am Flight 103 Litigation

The federal judge presiding over litigation stemming from the 1988 bombing of a Pan Am flight over Lockerbie, Scotland, ruled today that victims’ families are not entitled to punitive damages under the Warsaw Convention.

The Warsaw Convention agreement limits an airline’s liability in international disasters to $75,000 per plaintiff. However, the limit can be lifted if lawyers can prove “willful misconduct” on the part of the airline--an allegation that is difficult to prove.

The ruling by U.S. District Judge Thomas Platt of Brooklyn is a victory for Pan Am, whose liability would have soared if the Warsaw limit had been lifted. Punitive damages are awarded to punish a defendant, while actual damages are given to cover the cost of injuries.

Plaintiffs’ lawyers had been optimistic they could get the Warsaw Convention ceiling lifted because Pan Am did not notify the passengers that the State Department received a bomb threat regarding Flight 103 two weeks before the crash.