Two Florida families are seeking justice for the loss of their loved ones in the tragic mid-air collision between an American Airlines passenger jet and an Army Blackhawk helicopter in January. The collision occurred over the Potomac River in Washington, D. C, resulting in the deaths of 67 people on board the passenger jet, including 28-year-old Melissa Nicandri, a graduate of Ponte Vedra High School and daughter of Jacksonville attorney Peter Nicandri.
According to Peter Nicandri, he received a call from Melissa’s boyfriend informing him that she was on Flight 5342, which had departed from Wichita, Kansas. Peter and his wife had just seen Melissa over the weekend in New York, where she had shared her plans for a business trip to Kansas. Melissa had a successful academic career, attending Vanderbilt University and Johns Hopkins University before landing a job in New York City. Described as a loving daughter, sister, and friend, Melissa had a bright future ahead of her.
The Nicandri family has hired Jacksonville attorney Robert Spohrer to represent them in a lawsuit against both the federal government and American Airlines. The lawsuit alleges negligence on the part of both parties, and the federal government has already admitted fault in the collision. However, due to a request from the federal judge presiding over the case, no public comments can be made by any parties involved.
To gain a better understanding of the lawsuit, News4JAX consulted with Jacksonville aviation attorney Ed Booth, who is not involved in the case. According to the 133-page complaint filed on behalf of Melissa’s family, negligence by the United States government and American Airlines ultimately led to her death. The investigation into the collision revealed that the Army helicopter was flying at an unauthorized altitude and had its transponder turned off, making it undetectable by the passenger jet’s traffic collision avoidance system. Additionally, the air traffic controller failed to follow FAA procedures for visually separating aircraft.
One may question why American Airlines was named as a defendant in the lawsuit, considering the helicopter’s role in the collision. Booth explains that American Airlines was included in the lawsuit to ensure a thorough examination of all factors involved. The airline may have some liability due to the pilots’ duty to visually identify and avoid other aircraft, even if they do not appear on the traffic collision avoidance system.
Another factor to be considered in this case is the type of damages that can be recovered. As the collision occurred over Washington D. C airspace, lawsuits were filed from different states with varying laws on recovering damages in wrongful death cases. Some states allow for the recovery of pre-death pain and suffering, which could include the 10 seconds of agony experienced by passengers before hitting the Potomac River. However, this type of compensation is typically not allowed in Florida.
Booth also notes that this case will likely have a jury deciding the outcome for American Airlines and a judge deciding the outcome for the federal government.