Concorde May Fly Again, Despite Lawsuits by Grieving Passenger Families

Last summer’s tragic Concorde crash continues to produce heartache as the lawsuits multiply and negotiations break down. Settlement talks between the lawyers for the victims’ families and Air France and its insurers, la Réuniuon Aerienne*, are currently stalled.

Lawsuits have been filed in France, Germany, Miami and New York—the final destination of the 97 German tourists killed in the crash. The damage claims in the U.S. cases exceed $300 million. Air France and its insurers have had several meetings with the lawyers for victims’ families and agreed in November to make interim payments, but no final settlement has been reached.

Concorde was known as the “Queen of the Skies,” the sleekest civilian airliner ever to fly. In 25 years of service, until July 25, 2000, none had ever crashed. On that afternoon, Air France Flight No. 4590 left Paris’ Charles de Gaulle airport on a charter flight to New York with 109 persons aboard. No one who saw the pictures will ever forget them. Shortly after taking off, the Concorde, a plume of fire erupting from the left wing, crashed near the airport, killing all aboard and four people on the ground.

Air France and British Airways withdrew the plane from service following the revocation of her airworthiness certificate, and it seemed likely that the dream of supersonic passenger flight had ended in the smoking ruins of a hotel in Gonesse.

Like the mythical phoenix, however, Concorde may rise from the ashes and fly again. The French fixation on determining primal causes has served investigators well. The latest report issued by the BEA, France’s accident investigation service, has unraveled the chain of events leading to the tragedy.

In takeoff mode at 195 mph, a tire suddenly burst, almost certainly caused by striking a 17-inch strip of metal, ejected from the engine of a Continental Airlines DC-10 which had taken off minutes earlier. Debris from the tire struck the left wing No. 5 fuel tank with enough force that, although it wasn’t penetrated, it ruptured from the inside. The Concorde’s speed at takeoff mixed the kerosene with enough oxygen to ignite, and the resulting fire shut down the left side engines. Without sufficient thrust to enable it to climb, the plane was forced sharply to the left, lost altitude and crashed.

The BEA report found 57 previous incidents of burst tires and collateral damage between 1976 and 2000. On three occasions, debris penetrated fuel tanks but no explosion or fire occurred. Investigators are still studying the No. 5 tank, but the detailed analysis has raised hopes that sufficient alterations can be made to assure that the Concorde is safe.

The complex relationships between Air France, its suppliers, and the metal strip from the Continental DC-10 hampers settlement efforts. Under clause 141 of the International Civil Aviation Code, airlines are legally responsible for any parts that drop off their aircraft. Air France and its insurers have asked a French Commercial Court in Pontoise to order Continental to reimburse them for any damages. The next hearing is set for March 7.

Other parties brought into the proceedings include Boeing (as successor to McDonnell-Douglas, the DC-10’s manufacturer); Goodyear, the tire maker; BAE and EADS (the successor to Matra Aerospatiale, who made the original aircraft); and ADP, the Paris Airport Authority.

On Jan. 8, Burkhard Koetke, a lawyer for several German families, broke off negotiations with Air France stating that their offers were “absolutely unacceptable.” The next day a multi-million-dollar lawsuit was filed in New York naming Air France and other companies, including General Electric, which made the DC-10’s engines; and Middle River Aircraft Systems, which made the thrust reversers which included the metal strip.

Unless a settlement is reached using U.S. guidelines, which provide for higher damage awards than are given in Europe, more cases will be filed. It is in everyone’s interest, however, to reach an accord.

Given the number of parties in the various actions and the questions of jurisdiction, the victims’ families could wait years for any recovery. The defendants would have to spend millions defending the lawsuits, and could face very large damage awards if a showing of “gross negligence” could be proved.

Gerhardt Baum, who represents several other families, remained hopeful. His office released a statement that said: “An offer is already in front of the lawyers which is oriented to U.S. standards and above all bears in mind the claim to psychological damages [not compensable in Europe] which is protected by U.S. law.” Christophe Wellens, who represents another group of families, told the Associated Press that “negotiations are running at a high intensity and with the great will of both sides toward agreement.”

While negotiations continue, engineers have indicated that they think the fuel tank problem can be solved. The tanks have been lined with Kevlar, the tough, high-stress material used in skis, bulletproof vests and the gas tanks of Formula 1 race cars.

On Jan. 18, an Air France Concorde made the short trip at subsonic speeds from Paris to a French Air Force base at Istres, near Marseilles, where the fuel tanks, tires and other components will undergo at least two weeks of rigorous testing.

British Airways is set to conduct its own tests in February after modifications have been completed on the fuel tanks and the electrical system. If the tests are successful, both British and French officials have expressed their hopes that the plane will be granted a new airworthiness certificate.

Jean-Claude Gayssot, the French Transport Minister, told a television interviewer that he expects the Concorde to return to service this year, perhaps as early as April or May.

That’s good news, not only for those fortunate enough to be able to afford the $10,000 cost of a transatlantic flight, but also for all those who will now have the opportunity to see the “Queen of the Skies” take to the air once again.

*La Réunion Aérienne consists of: Groupama, Generali, CGU-France and Mutuelles du Mans, who have 50 percent of the coverage. AGF covered another 30 percent and AXA the remaining 20 percent of the loss.

Topics Lawsuits USA New York Energy Oil Gas Aviation Germany