The firm has represented clients in over a dozen air disaster cases involving US and foreign carriers.
We work closely with law firms in Latin America, Europe and Asia to ensure the best representation and most efficient use legal resources.
Aside from handling cases in the United States, our firm, along with co-counsel in Paris, currently represent families from China in an action against Air France.
In 1998, Mr. Montoya, along with co-counsel, tried to verdict the Gomez v. American Airlines case.
Thereafter, while selecting a jury, Mr. Montoya's former firm settled the remaining 27 cases against the carrier.
SAM, Medellin, Colombia in 1995
Mr. Montoya, while at his former firm, represented victims in an airline accident occurring near Medellin, Colombia. The fatal SAM flight originated in Panama and was en route to Medellin, Colombia when the pilot became disoriented in inclement weather and crashed against a mountain. All cases were resolved after prior to any court ruling on issues of venue or jurisdiction.
AVIATECA, San Salvador, El Salvador in 1995
Various firms, including Mr. Montoya's former law firm, represented families of victims involved in an airline accident in El Salvador. The accident occurred when the pilot of the 727-200 lost direction and crashed against a volcano. Soon thereafter suit was filed in the Miami-Dade County Circuit Court alleging wrongful death and allegations of negligence. All cases were eventually settled after an extended period of discovery and mediation.
AMERICAN AIRLINES Flight 965, Buga, Colombia in 1995
Mr. Montoya, along with his former partners, represented over 28 passengers killed in airline accident when pilots of the ill-fated AA Flight 965 took an unpublished route and crashed against a mountain (Cerro San Jose). A federal judge in Miami granted Plaintiffs' Motion for Summary Judgment in 1998 and ruled the accident was caused by willful misconduct on behalf of the airline's pilots. Mr. Montoya, along with his former partner, tried and received a verdict of $1.3 million dollars. Other cases were resolved prior to trial.
MILLON AIR CARGO, Manta, Ecuador in 1996
Mr. Montoya, along with his former partner, represented over 40 families that sustained personal injury damage as a result of an airline crash. Many victims died as a result of serious burns and injuries. Case was filed in the Miami-Dade County Circuit Court and later was resolved at mediation.
CUBANA DE AVIACION, Quito, Ecuador, 1998
Mr. Montoya, along with his former partners, represented many families in the above crash that was caused by pilot error. The case was mediated in Quito, Ecuador before a panel of international mediators. The evidence presented showed clear and convincing evidence of willful misconduct pursuant to the Warsaw Convention as modified by the Hague Protocol.
TAME, Bogotá, Colombia, 1998
The firm represented families of victim who died in the crash caused by pilot error. Families of the crew, employees of TAME, filed suit in Paris as allowed by the Warsaw Convention and its progeny. To date, however, the crew cases remain in litigation. Nonetheless, families of passengers who retained Mr. Montoya settled their cases in 1999.
TAESA AIRLINES, Michoucan, Mexico in 1999
Mr. Montoya, along with co-counsel represented several families that lost loved ones in the fatal crash involving an old DC-9 aircraft. Shortly after the crash, investigators gathered critical evidence that lead to the eventual resolution of the case.
LAPA AIRLINES, Buenos Aires, Argentina in 1999
On August 29, 1999, a Boeing 737-200 crash upon take-off after experiencing engine problems. Many passengers sustained injuries and fatal wounds. Claims were brought on behalf of several passengers in Buenos Aires and were resolved during mediation. Mr. Montoya was retain as US counsel by foreign firms.
ATLAS AIR, Guayaquil, Ecuador , 2000
Several families were injured as a result of being struck by falling debris from an ATLAS 747-200 engine explosion in midair. Families sustained severe injuries and sought medical care and treatment. Mr. Montoya achieved a settlement of all cases prior to the filing of suit.
TAME, Cumbal Colombia 2002
Over 40 passengers lost their lives in what is considered one of Latin America's most horrible accidents. Pilots of a 727 Boeing aircraft failed to properly follow Colombian tower control instructions in circling or going around for a second attempted landing. While circling, pilots struck a volcano thereby killing themselves and everyone aboard. Our firm represented the majority of passengers along with a local Miami law firm and resolved all passenger cases within a year of the accident.
RICO LINHEAS AEREAS et. al., Manaus, Brazil 2004
Nine
wrongful death complaints were filed alleging negligence, strict
liability and other counts requesting compensation against several US
manufacturers of engines and propellers stemming from a May 2004 air
crash of an Embraer EMB 120 aircraft. All 33 on board died. The firm is
currently engaged in discovery in this matter. In December 2006, the
firm settled all cases against the airline company.
GOL Air Disaster over Brazil, 2006
On September 29, 2006, an Embraer Legacy 600 business jet, owned and operated by ExcelAir, a New York corporation, was on a scheduled commercial flight from Manaus, Brazil to Rio de Janiero, Brazil with a planned stop in Brazilia. Its eventual destination was the United States.
While traveling at an altitude of 37,000 feet, an altitude that did not correspond to its flight plan and contradicted the established air traffic norms, it collided in mid-air with GOL Flight 1907 fatally wounding 154 passengers.
The Embraer Legacy landed safely with its 7 occupants. Our firm is currently in representation of families whom have lost loved ones traveling in the GOL aircraft.
Our firm is currently cooperating with Brazilian entities investigation the crash in hopes of uncovering the true nature of the incident and holding the proper defendants responsible.
MONTOYA| LOPEZ, P.L
4960 Southwest 72nd Avenue, Suite 303 | Miami, Florida 33155
Tel: 305.665.5353 | Fax: 305.665.6130
Affiliated Offices
Barcelona | Buenos Aires | Bogota | Caracas | Quito | Santiago | Sao Paolo
