On May 17, 2010, Pamir Airways flight 1102 crashed in a remote area of
the Parwan Province, approximately 20 nautical miles outside of Kabul
International Airport. The flight, which had 43 people on board, was traveling
from Kunduz in northern Afghanistan to the capital of Kabul. All 43 passengers
died when the plane crashed into a mountain while descending for approach
and landing at the airport.
Reports compiled by the Ministry of Transport and Civil
Aviation determined that the cause of the aviation disaster was the failure of
the captain to maintain adequate vertical and horizontal clearance while
under controlled flight. Another causal factor indicated by the Ministry
was the Flight Safety Department’s failure to oversee the plane’s
unsafe altitude and notify the captain in a timely matter.
On May 14, 2012, the
Chicago law firm of Power Rogers & Smith filed 25 Complaints at Law against Midwest Air Traffic Control, Honeywell
International, Inc., Jeppesen Sanderson, Inc. and the Boeing Company.
The complaints include causes of action for negligence and strict
products liability against each defendant. Specifically, the Plaintiffs’ Estates allege
that Midwest Air Traffic Control was negligent in failing to monitor the
flight altitude of the plane and failing to provide any warnings to the
captain of Flight 1102 that he was descending below the minimum safe altitude
for the mountainous area near Kabul.
The Plaintiffs further allege that Honeywell, Jeppesen and Boeing were
negligent and strictly liable for their roles in designing,
manufacturing and installing faulty Enhanced Ground Proximity Warning System (“EPGWS”)
technology. EPGWS is used to provide ground proximity warnings to pilots
by using the aircraft’s position information, speed and terrain/obstacle
databases. These warnings enable a pilot to assess a plane’s positioning
and, when necessary, adjust a plane’s altitude in order to avoid
The case is being handled by partner
Todd A. Smith and associates
Brian LaCien and
Jonathan M. Thomas. “It’s a tragedy,” said Mr. Thomas. “Had the flight
center adequately monitored the altitude of the flight, this disaster
could have been avoided and 43 lives could have been saved.” Mr.
Smith added, “Pilots and passengers alike rely on the abilities
of safety control companies and manufacturers of safety control technology.
When one of both of these safeguards fail, pilots and airline passengers
are in a perilous situation.”