Survivors of the 1990 Avianca Airlines crash and families of the 73 people killed could get more than $200 million under a tentative settlement reached with the U.S. government and the airline.
The agreement was announced Monday after three days of testimony in a non-jury trial to decide more than 150 lawsuits, which accused the Colombian airline and U.S. air-traffic controllers of negligence."I'm ecstatic for the people who have obviously suffered a tremendous loss," said Marc Moller, an attorney for the plaintiffs. "This was a wholly avoidable tragedy."
The settlement, which remains under court seal, holds the federal government liable for a share of compensation, Moller said. He didn't disclose what that share was.
The final amount to be paid out will not be known until all of the claims are settled, but Moller said it could exceed $200 million.
The cockpit crew of Avianca Flight 52 knew the plane was running low on fuel while in a holding pattern over Kennedy International Airport. But they never told controllers they faced a "fuel emergency," a term that would have given the flight landing priority.
The New York-bound flight from Medellin, Colombia, crashed into a hillside on Jan. 25, 1990, in the Long Island community of Cove Neck. The Boeing 707 jet carried 149 passengers and nine crew members.
Federal investigators blamed the crash primarily on the crew. But National Transportation Safety Board investigators also concluded controllers contributed by not fully grasping the pilots' fuel concerns.
The agreement was placed on the record Monday before federal Judge Thomas Platt. It must now be approved by U.S. Attorney General William Barr and several insurance companies.