Alaska Airlines, Boeing admit responsibility for Flight 261 crash

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Alaska Airlines, Boeing admit responsibility for Flight 261 crash

SEATTLE (AP) =97 Alaska Airlines has taken legal responsibility for a=
 January=20
2000 jet crash that killed all 88 aboard, and Boeing said it would not=20
contest liability over the plane's design. Both positions were declared in=
=20
filings Monday in U.S. District Court in San Francisco, where wrongful=20
death suits stemming from the crash of Flight 261 are pending. As a result,=
=20
the only issue before a jury if the cases go to trial will be what damages=
=20
should be paid to survivors of the victims who have yet to settle with the=
=20
two companies, The Seattle Times reported. Cases brought by survivors have=
=20
been settled for undisclosed sums. There are 16.50 wrongful death suits=20
pending; the half represents some members of one victim's family.

Alaska admitted liability under an international treaty covering the flight=
=20
and agreed to pay whatever compensatory damages a jury awards. A company=20
spokesman would not comment Monday, the newspaper said. The West Coast=20
regional carrier, which remains the subject of a separate federal criminal=
=20
investigation into the crash, may later seek compensation from Boeing.=20
Alaska previously blamed Boeing-approved grease and flaws in the design and=
=20
maintenance plan for the ill-fated MD-83, a theory rejected in December by=
=20
the National Transportation Safety Board. Over 20 minutes, the plane went=20
into two steep dives, flew upside down and plunged into the Pacific Ocean=20
off Port Hueneme, Calif., northwest of Los Angeles, on a flight from Puerto=
=20
Vallarta, Mexico, to San Francisco and Seattle on Jan. 31, 2000. All 83=20
passengers and five crew members died. The safety board concluded the=20
primary cause was improper lubrication of a jackscrew assembly that=20
controls the horizontal stabilizer on the tail. Threads on the jackscrew's=
=20
nut sheared off, causing the pilots to lose control of the plane.

The board also found that lack of a fail-safe system in the plane=20
contributed to the crash but did not recommend that the jackscrew be=20
redesigned, asking only that the Federal Aviation Administration study the=
=20
design of the plane. Boeing, which previously said Alaska failed to=20
maintain the plane properly, decided not to contest liability any longer=20
because it wanted to bring about an "expeditious resolution," company=20
spokeswoman Liz Verdier said. "In not contesting, we do not admit liability=
=20
in these proceedings, period," Verdier said. "We're anxious to close this=20
out for the families." Brian Panish of Los Angeles, a lawyer for several=20
families, said the filings were an attempt to prevent a full airing of the=
=20
facts surrounding the crash in hopes of reducing the damage amounts.=20
"Boeing's waving a white flag," Panish said. Last month Judge Charles R.=20
Breyer, who is overseeing the litigation, ruled out punitive damages=20
against Boeing. Alaska is immune from punitive damages under an=20
international treaty. Breyer now must decide how much jurors will hear=20
about maintenance lapses at Alaska and the history of the plane, which was=
=20
built by McDonnell Douglas before the company was absorbed by Boeing in a=20
merger in 1997. Jury selection is scheduled to begin June 17.

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