SilkAir Crash 1997

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Dear Friends

Several years ago, a SilkAir B737 crashed enroute Jakarta/Singapore. Pilot
suicide was one of the possibilities, but the courts here did not rule this
way. Now the case has gone to court in Los Angeles and last week, the judge
ruled that the cause of the crash was a defective rudder valve.

Here's the story from The Straits Times of 11 July 2004

begin article==>

3 families got $75m. Now 29 others are going to court
LA court judge will decide how much maker of plane component that
malfunctioned owes in damages

By Tracy Quek

FIRST came the $75-million ruling that a Los Angeles Superior Court handed
down last week.

Now, lawyers acting for families of 29 other SilkAir crash victims will be
back in court tomorrow, when a judge will determine how their cases should
be tried.

The judge will also determine how much Parker Hannifin Corp, the world's
largest maker of hydraulic equipment, owes them in damages. It was ordered
to pay $75 million to the families of three victims, after the court found
it responsible for the December 1997 crash in Indonesia.

The company had made a component of the rudder-control system that
malfunctioned, sending the plane into a nose dive. Called a servo valve, it
is attached to the plane's power-control unit, which controls the rudder's
movement.

The court would not apportion blame to SilkAir or Boeing, maker of the
10-month-old 737.

Lawyer Walter Lack of the LA firm Engstrom, Lipscomb & Lack, who acts for
the families, told The Sunday Times by e-mail that he expects the cases to
be tried in batches of three or five.

The damages will depend on the age, occupation, earnings history and
potential work-life expectancy of each victim.

Earlier, the bereaved families had accepted compensation from SilkAir. This
bars them from further legal action against the airline. Boeing is also
believed to be reaching out-of-court settlements with the families.

Last December, Boeing dropped its lawsuit against the airline and the
estate of pilot Tsu Way Ming, in the wake of new evidence that rudder
malfunction caused the crash.

The LA court's ruling contradicts the US National Transportation Safety
Board's belief that Mr Tsu purposely crashed the plane.

Parker Hannifin has said it will appeal the decision.

Another 40 cases are pending in the federal court in Seattle. It may accept
the ruling of the LA court and then decide how much damages to award.
Whatever the ultimate ruling, Mr Lack said, 'that judge will rely heavily
upon the result in our case'.

The primary points argued during the trial involved the condition of the
servo valve taken from the power-control unit. Found inside it were pieces
of sheared metal that could only have resulted from the manufacturing
process, said the lawyer.

The specifications for this valve require all edges of its internal
structure to be sharp and its metal surfaces to be free of steel burrs.

The metals expert he engaged found 'chip-outs' in the valve and numerous
burrs 'that could easily have interfered with the smooth operation of the
valve'.

That is why the firm engaged aeronautical engineering expert Frederic
Wilken to track it down because 'no one would tell us where the critical
servo valve for the power-control unit went after it was inspected in May
1998'.

Mr Wilken found it 'by accident' locked in a safe in Jakarta. A law firm
there was engaged to petition Indonesia's Supreme Court to remove the
valve. It was taken to a lab in Pensacola, Florida, for tests. All this
cost US$150,000 (S$255,000).

The jury rejected Parker Hannifin and Boeing's seven-year bid to blame the
pilot. It also rejected Parker Hannifin's claims that Boeing's rudder
design or the carelessness of the flight crew contributed to the crash, Mr
Lack said.

He said: 'We believe that justice has been well served and that a message
has been sent to Parker Hannifin concerning the defective nature of their
manufacturing processes.'

<==end article

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