American Airlines sued for $50 mln in WTC attack

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By Gail Appleson

NEW YORK, April 8 (Reuters) - American Airlines, a unit of AMR Corp (AMR)
was sued for more than $50 million on Monday by the husband of a highly paid
portfolio manager who was killed on Sept. 11 in her World Trade Center
office.

The suit, filed in Manhattan federal court, was brought on behalf of Bonnie
Shihadeh Smithwick who had worked at the Fred Alger Management Company on
the 93rd floor of the north tower known as One World Trade Center. The tower
was hit by American Flight 11 after hijackers took control of the plane.

The suit alleged that Smithwick survived the initial impact of the attack
and telephoned her husband, Thomas Smithwick, using a cellular phone.
However, she was unable to escape the raging fire and died when the tower
collapsed.


The Smithwick suit sees $50 million in compensatory damages and unspecified
punitive damages for the terror, pain and suffering, wrongful death and
economic loss.

John Kelly, the plaintiff's lawyer, said Smithwick was highly paid and her
estate would not have been eligible to receive any money from the Sept. 11
Victims Compensation Fund because she had substantial life insurance
policies.

"Ms. Smithwick's case presents a clear example of the fundamental flaw in
the Victims Compensation Fund...any compensation due under the plan is
reduced by monies received from collateral sources such as life insurance
policies," Kelly said. "In Ms. Smithwick's case, that amount would be
reduced to zero."

The compensation program is part of an airline assistance package approved
by Congress in September. By taking part in the program, families of victims
give up their right to sue and seek damages from any defendants, such as the
airlines or the World Trade Center.

About 3,000 people died in the Sept. 11 attacks by three hijacked airliners
on the World Trade Center and the Pentagon and the crash of a fourth
hijacked plane in Pennsylvania.

Although other suits have been filed stemming from the hijacked airplane
attacks, Kelly said he believes this is the first brought against American
Airlines on behalf of a victim killed inside of the World Trade Center.

A spokesman for American said the company does not comment on pending
litigation.

The lawsuit accuses American and Globe Aviation Services, the company it
contracted with to operate the security system at Boston's Logan Airport, of
negligence and reckless misconduct. The suit alleges that several hijackers
who boarded American Flight 11 at Logan succeeded in transporting weapons
through the screening and security systems.

It alleges the defendants' inadequate security measures and deficient
passenger screening system were insufficent to combat the risk of terrorist
activity on domestic flights.


©2002 Reuters Limited.

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