At the end of 2006, the case reached a mediation agreement in the California High Court, and the four defendants compensated the families of 32 victims 1 1.75 million dollars. GE and Bombardier are willing to fulfill the mediation agreement, but China Eastern Airlines requested that the case be transferred to the China court for acceptance on the grounds that it is inconvenient for litigation. The American court suspended the trial and the defendant * * * failed to pay the compensation.
In 2007,165438+122 October, 32 victims' families filed a complaint with the Beijing No.2 Intermediate People's Court, claiming 1 1.75 million yuan and paying relevant interest, but no case was filed. A few months later, the victim's family once again submitted a complaint to the Second Intermediate People's Court of Beijing, and it has not yet been filed.
In June and July of 2008, the victim's family chose Shanghai, where China Eastern Airlines is located, as the place of prosecution, and delivered the materials to Shanghai No.1 Intermediate People's Court, which then sent them back.
In the meantime, the U.S. court considered that it was more convenient for the China court to hear the case as a substitute court, so it issued an order to suspend the proceedings, and said that if the China court refused to hear the case, the U.S. court would resume hearing the case.
In March 2009, the families of 32 victims submitted litigation materials to Beijing No.2 Intermediate People's Court again. In August 2009, the court formally accepted the case.
2011On August 25th, Beijing No.2 Intermediate People's Court began the pre-trial investigation. In the same year1October 25th 10, the defendant and the defendant exchanged evidence in Beijing No.2 Intermediate People's Court. 20 12 10 10 On September 9, this air crash claim case, which was sued by 32 families of the victims, finally opened in Beijing No.2 Intermediate People's Court after a lapse of three years. It is reported that this is the first class action case of air crash accepted by domestic courts.
The trial ended after one morning, because the evidence submitted by both the original defendant and the defendant was mainly cross-examination, which marked that the case entered the substantive trial stage. Because it was an interrogation, the victim's family was not informed.
The families of 32 victims sued China Eastern Airlines, aircraft manufacturer Bombardier, China Eastern Airlines Group and General Electric Company, which produced accident aircraft engines, claiming economic and mental damages of 654.38+32 billion yuan, with a per capita compensation of 465.438+0.36 million yuan.
In addition to demanding huge compensation, the families of the victims also asked the four defendants to publish the cause of the Baotou air crash and the detailed investigation report; Apologize to family members in national newspapers, TV stations and websites; Establish a permanent monument for the victims at the scene of the accident.
Two foreign defendants thought that they should not be held responsible.
The evidence submitted by the defendant Bombardier Company is the export trial production certificate and type certificate of the aircraft, while the engine type certificate and production license are submitted by General Motors. The two defendants intend to prove that they are not responsible for the Baotou air crash.
Hao Junbo, the plaintiff's lawyer, thinks that the evidence is irrelevant to this case. The product certificate can only prove that the accident plane and engine passed some standard tests when they were sold to China, but it cannot rule out the possibility of air crash. If Bombardier and GM want to prove that their products have no defects and are not responsible for the air crash, they must present the conclusive investigation opinions and conclusions of the air crash investigation report in this case. Only by explicitly excluding their product liability in the investigation conclusion can they be excluded from their liability for compensation in this case. For example, the investigation report of Yichun air crash has been published, from which it can be seen that the air crash has nothing to do with the plane and engine. Eight years after the incident, the accident investigation report has not been published. Therefore, the plaintiff filed an application with the court again on the 9th, asking the defendant to show the investigation report of Baotou air crash.
The investigation report can not only distinguish the responsibility of the defendant in the air crash, but also the family of the deceased waited for eight years to know the truth of the accident. They still don't know the details of the air crash. They are eager to see the investigation report, eager to know the last moment of their loved ones, and eager to know who is responsible. On the morning of 20 12 10 10, the trial ended at1:30. The focus of cross-examination is mainly on compensation. China Eastern Airlines told the court that after the air crash, they quickly formulated a compensation plan, which was 2 1 10,000 per capita. Among the 32 victims who participated in the lawsuit in the morning, more than 20 families have received this compensation and signed similar "exemption agreements". In court, China Eastern Airlines submitted relevant evidence, and they believed that the families of these victims had been compensated. China Eastern Airlines did not express concern about the compensation of other families who did not receive compensation.
use for reference
1. USA:
In the United States, air crash compensation is calculated according to the value of remaining life, and there is a basic reference amount. The United States generally assumes that male citizens can live to 80 years old. If the victim is 40 years old when he dies, he shall be compensated according to the basic amount of 40 years. This will be the basic starting point of compensation negotiations.
2. Kenya:
On May 5, 2007, Kenya Airways Flight 507 crashed in Douala, Cameroon. The victims included five citizens of China. In the process of claim litigation, Boeing Company and its insurance company paid nearly 2 million yuan to each China citizen who died, and all the compensation was completed by the end of 2009.
3. France:
On May 3rd, 2009, KLOC-0, Air France Flight 447 crashed into the Atlantic Ocean on the way from Rio de Janeiro, Brazil to Paris, France. The 228 passengers on board came from 32 countries and regions, including 9 passengers from China.
Twenty days after the accident, Air France said that it would first pay 1.75 million euros (about 24,000 US dollars) to each family of the victims of the crashed Air France Flight 447 through the insurance company insured by the company. It also revealed that each victim's family will eventually receive compensation of about 654.38+million euros (about 1.4 million US dollars).