A judge ruled pre-crash terror of 737 MAX crash victims can be considered in damages trial after Boeing lawyers argued they didn't have time to feel pain
Boeing's lawyers had argued that prior cases in Illinois had set the precedent for pre-crash emotional distress not to be included in damage payments.
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- A judge overseeing lawsuits against Boeing ruled that pre-crash fear and pain can be used in trial.
- A trial over an Ethiopian Airlines crash will determine what Boeing owes families of the victims.
- Boeing lawyers previously argued they didn't have to pay for physical damages before the crash.
The judge overseeing a lawsuit against Boeing has ruled that the fear experienced by the 157 people on an Ethiopian Airlines flight prior to the 2019 crash that killed everyone on board can be considered in an upcoming damages trial.
Attorneys for Boeing had argued in March that court rulings over prior plane crashes in Illinois, where the trial is taking place, had established precedent that damages could only be considered for injuries and pain caused by the plane crash, and not the unknowable pain and fear that results from knowing a plane is about to crash.
Considering the plane crashed fast enough that everyone on board died instantly, the attorneys argued, Boeing couldn't be held liable for any pain and suffering felt by the victims as they didn't feel any pain.
However, Jorge Alonso, a federal judge in the northern district of Illinois wrote in a Tuesday ruling that prior federal cases don't always set precedent, and he said part of the job of a federal court when handling an unclear issue of state law is to predict how the state Supreme Court would rule on the issue.
Alonso wrote that he believes the Illinois state Supreme Court would allow damages to be recovered over the "pre-impact emotional distress" suffered by the passengers. As such, he wrote that he'll allow evidence and testimony about the distress to be part of the case. The trial to determine an amount of damages for the grief, loss of income and other expenses owed to the families of those killed in the Ethiopian Airlines crash is set to begin June 20.
"A jury could reasonably infer from the evidence that will be presented at trial that the passengers on ET 302 perceived that they were going to crash, horrifically, to their certain death," Alonso wrote.
A Boeing spokesperson declined to comment on the new ruling, referring Insider to its previous statement on the crashes and lawsuits and the company's commitment to settle claims and ensure families are "fully and fairly compensated."
"We are deeply sorry to all who lost loved ones on Lion Air Flight 610 and Ethiopian Flight 302," Boeing said as part of that statement. "We have acknowledged the terrible impact of these tragic accidents and made an upfront commitment to fully and fairly compensate every family who suffered a loss."
The company previously told Insider it has settled about 75% of the lawsuits brought against it over the Ethiopian Airlines crash and a second 2018 Boeing 737 MAX crash. The pair of crashes just months apart led to the planes being grounded for months during an investigation that eventually revealed issues with an automation system used in the planes.
Robert Clifford, an attorney representing some of the families, told Insider in a statement Wednesday that there are about 75 suits still open, with six set to go to trial this month. Clifford said Alonso's ruling is a positive step for the families.
"Boeing's victims undeniably suffered horrific emotional distress, pain and suffering, and physical impact and injury while they endured extreme G-forces, braced for impact, knew the airplane was malfunctioning, and ultimately plummeted nose-down to the ground at nearly 600 miles per hour, leaving a crater 30 feet deep," Clifford said. "We look forward to upcoming trials to present this evidence to a jury and ensure Boeing is held fully accountable."