RECOVERIES IN DISASTER ACCIDENT CASES

Transcription

1 RECOVERIES IN DISASTER ACCIDENT CASES HERRMANN SCHOLBE has been continuously representing victims of disaster accident cases for the last 25 years. Our record of successful results speaks for itself. We have recovered over $185 million U.S. dollars for our clients. However, the service we provide is not measured only by the bottom line amount of the recovery. Many of our clients are unfamiliar with American legal procedures. The process can be very painful to families who have already been severely traumatized by their losses. We take great care to explain to our clients every step of the process. We constantly keep them updated on the status of their cases and include them in any strategic decisions that have to be made. We do of course make recommendations, but we never attempt to pressure them into settling for unsatisfactory amounts. While we take great pride in our record, we know that no amount of money ever truly compensates the victims of these tragic accidents. Our hearts go out to our clients and we do our best to treat them with the respect and dignity they deserve. Finally, we strongly believe that our efforts do much to deter commercial carriers of all kinds, equipment manufacturers from sacrificing safety in order to achieve greater profit margins, as well as compelling governmental agencies to fulfill their duties. Transportation on our highways and in the skies becomes safer when defendants responsible for accidents are consistently held accountable for their mistakes. Here is a brief listing of our disaster accident recoveries since 1983: KAL 007: In 1983 a Soviet MIG shot down Korean Air flight KAL 007 after it had wandered off course deep into Soviet territory during its flight from New York to Seoul, Korea. History records this incident as second closest the USA and the Soviet Union came to starting World War III, behind only the Cuban Missile crisis. After interviewing numerous U.S. law firms, the families of 89 out of the 102 Koreans who died in this disaster chose HERRMANN SCHOLBE to represent them. Charles Herrmann s role in winning the case was portrayed in the HBO movie Tailspin and featured in the book Death of Flight 007. Arrow Air: In 1985, a charter flight of Arrow Air carrying 256 members of the U.S. Army 101 st Airborne Division and crew from Cairo, Egypt to Ft. Campbell, Kentucky in the USA. Shortly after takeoff at the airport in Gander, Newfoundland, Canada the plane crashed and burst into flames, killing everyone aboard. The parents of our only hometown trooper chose our firm to represent them. KE 801: In 1997, Korean Airlines crashed its flight KE 801 into a mountain while trying to land at Agana, Guam in bad weather. Approximately half of the passengers survived the initial impact only to burn to death in the ensuing fire. There were a handful of survivors. The families of the deceased victims and the survivors came together to form a group, selected a committee and elected a chairman. They in turn screened all the U.S. aviation firms until they selected 10 firms to make presentations to all victims.

2 After the presentations were completed, 56 families (over half) chose our firm to represent them. The second biggest group any law firm had was 14. We proceeded to recover in excess of $92,000, for our clients. CI 611: In 2002, China Airlines flight CI 611 disintegrated over the Straight of Taiwan during a flight from Taipei, Taiwan to Hong Kong, China. Our investigation revealed that the plane came apart as a result of faulty repairs at the direction of Boeing, the company that had built the plane. All people on board were killed. Like the Koreans, the Taiwanese came together to form a group to interview all the U.S. lawyers interested in representing them. All but a handful of the victims chose our law firm to represent them. CA 129: Also in 2002, China Air flight CA 129 starting in Beijing crashed into a mountain while attempting to land at the Gim Hae airport near Busan, Korea. 92 of the 97 victims who brought suit chose us to represent them. The case has been tried in the lower court and our judgment upheld in the Court of Appeals. It is currently before the Supreme Court of Korea and we expect a final ruling shortly. It should be noted that the judgment we have obtained is several times the amount that Korean courts have traditionally awarded for wrongful deaths and personal injuries. NTPS: In 2003, a Korean Air Force Major was selected to attend a highly specialized course at the National Test Pilot School near Rosamond, California. In his first training flight with an instructor, the plane crashed killing both men. We are particularly proud of the fact that the incident landed on the Korean Air Force Attaché s desk at the Korean Embassy in Washington D.C. where he proceeded to conduct a meticulous survey of U.S. aviation firms. He made the final decision to refer that deceased Major s widow to our firm. We collected $4,000, for his family. TA 390: In 2008, TACA Airlines flight TA 390 ran off the runway while attempting to land at the airport in Tegucigalpa, Honduras. We have filed the first lawsuit in the USA on behalf of several of our Honduran clients. We now represent a total of 33 victims of this accident including both passengers and people on the ground. In keeping with our firm s tradition, we are first and have the most. Five survivor cases filed in the USA have been settled for as much as $1,750, The remaining cases are currently being litigated in Honduras and El Salvador. # Flight Description Recovery U.S. $ 1 KAL year-old married businessman $10,000, KAL year-old retired man & wife $1,575, KAL year-old cruise ship purser $2,275, KAL year-old housewife & 2 children $2,225, KAL year-old student $575, KAL year-old student $575, KAL year-old divorced travel agent $575, KAL year-old businessman $3,275, KAL 007 (78) - Koreans combined $7,700, Arrow 19-year-old single soldier $650,000.00

3 Air 91 KE year-old executive $2,000, KE year-old married businessman $2,586, KE year-old retired single tax officer $825, KE year-old housewife $1,500, KE year-old single clinic manager $750, KE year-old married school teacher $2,185, KE year-old single businessman $1,500, KE year-old female college student $825, KE year-old single computer tech. $825, KE year-old survivor $3,500, KE year-old married businessman $2,500, KE year-old married businessman $2,000, KE year-old married businesswoman $2,600, KE year-old single businesswoman $2,500, KE year-old lawyer & 9-year-old son $3,000, KE year-old married businessman $6,250, KE year-old single travel agent $750, KE year-old housewife survivor $5,500, KE year-old single executive survivor $850, KE year-old high school student $850, KE year-old single physician $1,700, KE year-old student $850, KE year-old married executive $1,500, KE year-old survivor $2,550, KE year-old survivor $3,500, KE year-old single technician $750, KE year-old widow $750, KE year-old married businessman $3,200, KE year-old single female model $750, KE year-old married businessman $2,375, KE year-old female computer tech $4,650, KE 801 (26) Partial cases combined $30,000, CI year-old restaurateur $3,500, CI year-old businessman $3,265, CI 611 (59) - Taiwanese combined $26,375, CA 129 (86) Koreans Combined $22,360, NTPS 38-year-old Air Force Major $4,000, TA year-old Business woman $1,750,00.00

4 304 TA year-old Secretary $300, TA year-old Attorney $90, TA year-old Construction owner $90, TA year-old Government employee $90, TOTAL $185,366, OUR ATTORNEYS Charles Herrmann is an owner and the senior litigator in our disaster accident department. A Vietnam veteran, he left the army a Captain after serving as an Engineer Advisor with the 5 th Vietnamese Ranger Group. Returning home, he won the Dean s Medal for Legal Argument at Gonzaga University School of Law where he graduated in He then began his legal career as a Pierce County Deputy Prosecuting Attorney where he headed a Joint Law Enforcement Task Force on Juvenile Prostitution. In 1976, he left the Prosecutor s office to go into private practice with his father Karl Herrmann to concentrate in the areas of wrongful death and personal injury. Charles gained an international reputation for his part in the litigation that arose out of the controversial shoot down of Korean Air Lines flight KAL 007 by the Soviet Union over Sakhalin Island in He represented 89 families of the victims. After secret and lengthy negotiations in Korea, Herrmann was able to secure the testimony of another Korean Air Lines 747 pilot - that literally cracked the case. His role in that case was portrayed in the HBO movie Tailspin and featured in the definitive book on the case Death of Flight 007. He eventually recovered $10 million dollars for one family alone and millions more for the rest of his clients. Herrmann then led the firm in recovering in excess of $92 million dollars for 56 families of the victims of the crash of Korean Air flight KE 801 on August 6, 1997 near Agana, Guam. Further, he recovered $4 million dollars for the family of an air force Major killed in a tragic accident at the National Test Pilot School in California. He concluded cases before the Korean courts for 86 victims in the crash of Air China flight CA 129 that crashed while attempting to land at the Gim Hae airport near Busan in the spring of 2002 as Korea co-hosted the World Cup. Currently, Charles is leading an international team of lawyers representing 33 victims of the crash of TACA flight 390 that overshot the runway while attempting to land at Tegucigalpa, Honduras in May of Five survivor cases filed in the USA have been settled for as much as $1,750, The remaining cases are currently being litigated in Honduras and El Salvador. He takes great pride in the firm s tradition of representing the average person, the little guy, against the likes of Korean Air, the U.S. Government, the Soviet Union, Lloyds of London and other giants of the insurance industry.

5 Kathryn J. Herrmann is an owner and the Managing Executive Officer of our firm. She is also the chief litigation attorney at our Tacoma office. Kathryn attended the University of Washington where she earned her B.A. in English in She then attended Seattle University School of Law earning her Juris Doctorate in She is also a member of the Washington State Bar Association, the Tacoma-Pierce County Bar Association, the Washington State Trial Lawyers Association, Washington Women Lawyers, and the American Bar Association. She joined the family practice in 1987 as a personal injury legal secretary, paralegal and adjuster while she attended college and law school. Kathryn was instrumental in assisting her father in recovering more than 100 million in the firm s cases arising out of the 1983 Korean Airlines flight KAL 007 case and the 1997 Korean Airlines flight KE 801 case. Currently, her practice includes all aspects of plaintiff s personal injury claims, such as wrongful death, auto accidents, premises liability, medical malpractice, and fire. John Scholbe is an owner and the chief litigation attorney for the HERRMANN SCHOLBE Seattle office. John graduated from the University of Washington in 1996 with a Degree in English. He then graduated from Seattle University with a Juris Doctorate Degree in 1999 and accepted a job with the Federal Way Public Defender s office. After establishing himself as a formidable trial attorney in the criminal defense arena, John joined HERRMANN SCHOLBE to commence practice in the areas of wrongful death and personal injury. John assumed a pivotal role in the recovery for the wrongful death of a Korean Air Force Major against the National Test Pilot School in California and is now working closely with Charles Herrmann on TACA Flight 390 cases pending in Central America and in which the firm has already recovered millions for 5 cases brought in the USA. His current practice includes wrongful death cases arising out of aviation disasters, admiralty accidents and auto accidents. Lara Herrmann is an owner and senior attorney at HERRMANN SCHOLBE, spearheading the negotiation and pre-litigation department for both the Seattle and Tacoma offices. A human rights and environmental activist at heart, Lara s passion is the inspirational force behind her ability to champion her clients with integrity and dedication when they have suffered an injury or loss. This passion, combined with her acute knowledge of legal theory and strategy, have provided her with solid expertise in the personal injury field, including motor-vehicle collisions, wrongful death, international aviation disasters, and a variety of other injury cases.

6 Lara has also held leadership positions with Washington Women Lawyers, is the founder and chair of the annual Women of the Year award. She won the Seattle University School of Law Women s Law Caucus First Annual Alumni Service Award in 2005 and has been chosen three times as a Rising Star by Washington Law & Politics, for which only 2.5% of the attorneys in Washington are selected based on peer recognition and professional achievements. Karl Herrmann ( ) founded HERRMANN SCHOLBE in President Lyndon B. Johnson congratulates Karl Herrmann on the passage of federal insurance law protecting people from the abuses of insurance companies. Karl was first elected to the Washington State Senate in 1956 where he was immediately appointed chairman of the Senate Standing Committee on Banks, Financial Institutions and Insurance. He later chaired a Special Joint Interim Committee on Insurance that catapulted him to election as the Washington State Insurance Commissioner in Because of his tough pro-consumer stance against insurance companies, the people reelected him in 1972 by such a wide margin that he set the record as the first person in the history of the State of Washington to receive a million votes. Among his many accomplishments, he created Personal Injury Protection (PIP) which is vital to people who have been injured in auto accidents. He also led Washington to become the first state in the nation to create a guaranty fund that pays policy holders when an insurance company goes bankrupt. He was also instrumental in extending medical insurance coverage to chiropractors and to drug and alcohol treatment centers during his tenures in public office. He gained national recognition spearheading national insurance legislation when President Lyndon B. Johnson awarded him the first pen he used to sign the new consumer favorable legislation. It is Karl Herrmann s principles in championing the rights of injured people that HERRMANN SCHOLBE is proud to practice in all our efforts today.