Families of Crash Victims Seek Damages from TWA, Boeing

To many families of those who died in the tragic crash of TWA Flight 800, the time has come for blame. And now that the FBI has concluded there was no criminal act involved, their focus is shifting to the courts.

At least 134 family members have filed civil damage claims against both Boeing Co., the aircraft’s manufacturer, and TWA--with more suits expected.

The finding that a missile or a bomb did not bring down the Boeing 747 on July 17, 1996--killing all 230 people aboard--has served as a springboard for stepped-up discovery proceedings for parts inspections and depositions by plaintiffs’ lawyers.

“The FBI’s withdrawal clears the path,” said Lee Kreindler, whose firm represents 80 family members. “The focus is primarily on design and product defect,” added Frank Granito III, whose firm is handling 54 cases.

Right after the crash, Kreindler’s firm hired experts in explosives and structural failure analysis to conduct an independent investigation. Suspect parts from the same model Boeing 747 were studied, and their reports as early as March pinpointed potential problems--affirmed this month by the Federal Aviation Administration--with the silicone insulation and connectors on some fuel pumps.

While the FAA stressed it knows of no evidence that the scavenge pump, which removes fuel residue from the center tank, caused the crash, the agency required immediate inspection of the pumps and replacement of models containing silicone materials.

National Transportation Safety Board investigators have determined that the nearly empty center fuel tank of TWA Flight 800 exploded shortly after takeoff from John F. Kennedy International Airport. But the precise source of ignition has not been determined.

On Monday, with teams of lawyers from TWA, Boeing and firms hired by the families attending, the NTSB will begin a week of hearings in Baltimore on the crash.

Some family members charge in papers filed by Kreindler’s firm that the plane, first sold to TWA in 1971, was designed and tested by Boeing to have a service life of 60,000 hours, and it had approximately 101,000 hours when it crashed.

The suit alleges among other things that TWA engaged in willful misconduct by flying the plane beyond its service life, in failing to restore the 747 to airworthy condition after its sale to Iran and repurchase by TWA in the mid-1970s, and in failing to maintain and properly service the aircraft.

It charges Boeing with negligence in “carelessly” manufacturing, designing, assembling, testing, selling and repairing the plane and in failing to warn of the catastrophic risk of the potential for an explosion in the center fuel tank.

In a suit on behalf of another passenger, Granito’s firm also accuses TWA of willful misconduct. It alleges the airline permitted 50 to 100 gallons of jet fuel contained in the center tank to vaporize into an explosive mixture with full knowledge of the substantial risk of ignition of fuel vapors by static electricity or sparks because of electrical failures in some of the tank’s component parts.

This suit also accuses Boeing of wrongdoing and reckless acts in failing to warn and take action in response to mishaps, incidents and field reports that gave the company notice that substantial risk existed that fuel vapors in empty or near-empty tanks could ignite.

Both TWA and Boeing have vigorously denied all allegations.

“This has been the longest accident investigation in history and nothing has been found to suggest that there was any negligence on the part of TWA, much less willful misconduct,” said Randal R. Craft Jr., whose firm is representing TWA.

“Boeing denies any wrongdoing, negligence, willful or wanton misconduct or other culpable conduct . . . in connection with the design, manufacture, assembly, testing, inspection, certification or sale of the subject 747, including its components,” company lawyers said in court papers. “Boeing denies it caused or contributed in any way to the loss of TWA Flight 800.”

* FAA STUDIES PREVENTION: The FAA is studying prevention of aircraft fuel tank explosions. A22