‘U.S. has no jurisdiction’

Press, 9 April 1980, Page 1

‘U.S. has no jurisdiction’

NZPA Washington United States courts had no jurisdiction in a $2 million lawsuit arising from the Air New Zealand DCIO crash in the Antarc? tic, ruled an American judge yesterday. The lawyer for the plaintiff (Mr J. Thielen) said the judge had allowed the Air New Zealand motion to dismiss the case from the Federal District Court in Los Angeles, ordering that it be brought in Australia or New Zealand. Air New Zealand argued that United States courts had no jurisdiction over the case, which was brought on behalf of the widow of an American

passenger. The ticket for the flight was purchased in Australia. The ruling effectively quashed suggestions that families of New Zealand victims of the crash could sue the airline in the United States where they stood to get much higher compensation payments than allowed under New Zealand law. Mr Thielen and Mr Daniel Cathcart, another Los Angeles. lawyer specialising in aviation crash damages claims, had suggested recently that anyone could sue Air New Zealand in California because the airline has a registered office there.

Mr Cathcart said last month that families of New Zealand • victims could file substantial claims in the United States where there are no damage limitations, while New Zealand’s no-fault accident compensation law apparently 'ruled out claims on behalf of victims.

Mr Thielens’ $2 million suit was filed on behalf of Mrs Marlean Lies, whose husband died in the crash. An engineer, Mr Lies was working on an American space project at Alice

Springs when he took the Antarctic scenic flight with a ticket Mrs. Lies bought him for a seventh wedding, anniversary present. Air New Zealand argued that as the ticket was purchased in Australia the case could only .properly be heard in that country or in New Zealand,. the flight’s destination. The airline cited the Warsaw convention on international aviation damages claims. Air New Zealand’s Los Angeles lawyer said last month that no action was being taken against crash lawsuits that had been filed in the United States when they related to tick-

ets purchased in thei United States.

He said the move to dismiss the Lies case was “not an attempt to denv an individual just compensation. but to get the suit brought in the proper Place under international law.”

, Mr Thielen said yesterday the Lies claim against the airline would be refiled in Australia or New Zealand.

He also said he was dropping an action gainst McDonnell Douglas, maker of the DCIO, a move that appeared to confirm suggestions that the interim report on the accident had found there was no fault in the plane.