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Jury Finds USAir Negligent in ’94 Crash That Killed 37 People

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<i> From Associated Press</i>

A federal jury Friday ruled USAir was negligent in a 1994 crash that killed 37 people during a fierce thunderstorm near Charlotte, N.C. But it spared the airline from having to pay punitive damages.

Because the jury found that USAir’s conduct was not “willful” or “wanton,” the airline is liable only for compensatory damages.

The first of as many as 18 individual trials to determine damages begins Wednesday.

The DC-9 crashed as it tried to land at Charlotte-Douglas International Airport on a flight from Columbia with 57 people aboard. The National Transportation Safety Board said a strong downward wind, or microburst, slammed the jet into the ground.

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The plaintiffs argued that USAir, now known as US Airways, improperly trained its pilots and knowingly let them fly into thunderstorms. USAir said air traffic controllers did not provide the crew with proper weather information.

“I’m glad now they have to acknowledge they were at some fault,” said Debra Seymour, whose mother, Mildred Louise Welch of Sumter, S.C., was killed.

“Nothing changes how we feel about the accident,” said Nancy Risque Rohrback, a US Airways vice president. “The jury’s decision underscores that US Airways’ actions, there was nothing to punish in those actions. . . . Safety is our first priority.”

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