Derry Widow Files First 9/11 Airline Suit

By Josh Rogers on Thursday, December 20, 2001.

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A Derry woman whose husband died aboard United Airlines flight 175 sued the airlines today on the grounds that company negligence led to plane?s hijacking. The lawsuit is the first of its kind nationally

The lawsuit filed by Ellen Mariani in a New York US district court seeks compensation for the death of her husband Louis. The 59 year old retiree was on his way to his stepdaughter's wedding when his plane became the second to hit the twin towers. According to her Chicago-based attorney Don Nolan, Mrs. Mariani's decision to take the matter to court, rather than have it resolved before the special master appointed by the Bush administration is based on the faith she places in the court system. Nolan says the decision was also informed by Mariani's conviction that United and its insurers are culpable and should thus pay...

'Lloyds of London insured this loss there's more than enough money to cover that loss have of the passenger's families here. And Mrs. Mariani believe that insure should cover that loss rather than that the lawyers have in resolving these claims and tax payers should not have to shoulder than burden right now.'

Attorney Nolan, an aviation law specialist who has represented families of passengers on TWA flight 800, also believes that United will settle without a fight.

'I doubt seriously if United is going to come into court and claim it provided adequate security I expect united will come into court and agree to pay the damages to the victims families. As we see in other aviation cases the claims are settled and the claims are resolved.'

But according to John Coale, a Washington lawyer who has sued the airline, tobacco, and gun industries, this case is anything but simple, and not likely to be settled without going to trial.

'You can't just say security companies are bad, because people get grenade through. You have to show at that time at that place they should have gotten something. And the FAA hadn't put the box cutters on the menu. It's a case that could be won but it's not an easy case.'

Given those realities, Coale says he's turned away people who've asked him to file similar actions. Instead, telling them to weigh the benefits of getting money from the government this year, or trying a case that could drag on for years. Coale also blasts the Mariani's filing as being particularly short-sighted because it took place before the bush administration announced the rules governing victim recovery procedures.

'It's a little bit early. Before the rules, the families don't really know the sure thing, the government program versus the possibly speculative option they've taken. I think it's ill-advised.'

Coale's argument is shared by the American Trial lawyers association. The association is providing pro bono representation to all victims who will go before the government program. The Trial Lawyers association declined to speculate on the motives of the attorney who filed the case of behalf of Mariani. But Attorney Coale was rather less guarded.

'I don't care if he wants to get his name in the paper, more power to him. But that's what's going on here. It's not some sainted move because you don't want to take money from the taxpayers.'

Under Bush administration rules announced late this afternoon, Mrs. Mariani has ninety days to back out of her lawsuit and accept settlement terms stipulated by Bush administration special master Kenneth Feinberg.