An Aeromexico Crash Survivor Is Suing the Airline

Aug 3, 2018

Nestor Martinez, one of the 103 survivors of the Aeromexico flight that crashed on Tuesday in Mexico, is suing the airline for negligence.

On Tuesday night, Aeromexico Flight 2431 attempted to take off from Durango, Mexico (DGO) for Mexico City (MEX) during bad weather and strong winds. The Embraer E-190 regional jet attempted to abort the takeoff, Durango state governor José Rosas Aispuro Torres said, but was too late in doing so and went down just after the runway ended, at around 4:00pm local time.

Somehow, all 103 people on board the flight survived, despite the impact and the fact the plane burst into flames almost immediately after it hit the ground. Authorities said 85 people were injured, and 49 hospitalized — most with minor injuries.

Martinez’s lawsuit accuses Aeromexico of attempting “a takeoff maneuver in unsafe wind conditions,” failing to “adequately monitor wind conditions prior to takeoff” and failing to “obtain proper pitch, yaw and altitude during takeoff,” among other accusations.

Passengers on board the plane said they were questioning why the flight was even proceeding in the inclement weather conditions.

“We took off — it was pouring rain — honestly I thought ‘Why in the world are we even taking off?’” Dorelia Rivera, who was on the plane with her daughter, told NBC Chicago.

Another passenger, Alberto Herrera, said if felt like the plane flew directly into a hail storm once it took off from DGO. “You can feel the wind, and you can feel the hail hitting the airplane like at maximum speed,” he said. “It’s kind of like we hit the storm, that hail storm, right at its peak so the wind was insane.”

According to Martinez’s lawsuit, he “suffered injuries of a personal and pecuniary nature” due to the airline’s negligence.

“He was injured getting out during the process and the basis of this lawsuit is to compensate him for his injuries and really to find out what happened,” Martinez’s attorney Bob Bingle, of Corboy & Demetrio, told ABC Chicago. Martinez, who lives in Chicago, was sitting in row 15 of the aircraft, next to the passenger who filmed the crash.

Passengers said the aircraft emergency slide inflated, but could not be used, so they had to climb out.

This is the first lawsuit filed in the crash, which both the US Federal Aviation Administration and the National Transportation Safety Board are helping investigate.

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