Colson Hicks Eidson Attorneys Surpass Significant Hurdle in Personal Injury Lawsuit against Caribbean Airlines

May 29, 2014 / 3:38 am

Attorneys Curtis Miner and Stephanie Casey successfully argued that the Republic of Guyana is not party to the Warsaw Convention

CORAL GABLES, Fla. (May 28, 2014) – The law firm of Colson Hicks Eidson announced that the Eastern District of New York has issued a significant ruling in personal injury cases against Caribbean Airlines arising from the 2011 crash landing of Caribbean Airlines Flight BW 523 in Georgetown, Guyana – a flight that originated at New York’s JFK International Airport.

In a question of first impression, the court ruled that the Republic of Guyana is not a party to the Warsaw Convention — a multilateral treaty that governs international air travel – and therefore allowed a personal injury lawsuit against Caribbean Airlines to move forward in the U.S. and paved the way for the plaintiffs to seek damages for emotional pain and suffering, in addition to physical injuries.

Colson Hicks Eidson attorneys Curtis Miner and Stephanie Casey filed several lawsuits against Caribbean Airlines on behalf of the plaintiffs who were passengers on Flight BW 523 and suffered personal injuries when the plane overshot the runway and broke in half. The complaint asserts common law negligence claims and claims for damages under the Warsaw Convention.

The Defendant filed a motion to dismiss for lack of subject matter jurisdiction claiming that Guyana is a party to the Warsaw Convention and that the U.S. was not one of the specified forums in which an action against an air carrier could be brought under the Warsaw Convention. The defendant contended that Guyana is a party to the treaty because the United Kingdom ratified the Warsaw Convention on behalf of its colonies in 1935 when British Guiana –the predecessor to Guyana – was a British colony and that it did not need to take any further action when it became independent.

Pointing to expert opinion testimony and other historical evidence, Miner and Casey successfully argued that Guyana never took formal actions to properly and effectively ratify or accede to the Warsaw Convention following its independence from the United Kingdom in 1966, and the Government of Poland (the depositary nation of the Warsaw Convention), the United States and the International Civil Aviation Organization do not list Guyana as a “High Contracting Party” to the Warsaw Convention.

The court ultimately sided with the plaintiffs and concluded that the Republic of Guyana is not a party to the Warsaw Convention and the treaty therefore does not govern this case.

“The Warsaw Convention contains caps on the damages that can be recovered, and the Supreme Court has held that the Warsaw Convention bars recovery for purely emotional injuries,” said Miner. “This ruling is significant as it allows us to move forward with pursuing our claims against the Airline in the United States and seek damages for the plaintiffs who suffered from severe emotional distress as a result of this accident. It may also impact airlines that fly between Guyana and the United States in that claims of passengers who fly roundtrip from Guyana will not be covered by the Warsaw Convention, which is seen as being protective of airlines over passengers.”

The plaintiffs were traveling on tickets between Florida and Georgetown, Guyana, when the crash occurred. Rajendra Persaud, 64, and Prampatie Persaud, 64, reside in Florida, while Shanti Persaud, 34, and her two minor children, ages 10 and 7, live in Guyana.

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About Colson Hicks Eidson:

The Law Firm of Colson Hicks Eidson is a trial firm with more than 40 years of experience handling local, national and international litigation. Partners at the firm have had the distinction of holding the following offices: President of the 60,000-member American Association for Justice; President of the International Academy of Trial Lawyers; President of the Academy of Florida Trial Lawyers; President of the Dade County Bar Association; President of the Miami-Dade Florida Association of Women Lawyers; United States Attorney for the Southern District of Florida; and Chairman of the Florida Federal Judicial Nominating Commission. For more information, call 305-476-7400.

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Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

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The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

MIAMI (November 2, 2023) – Colson Hicks Eidson announced today that it has been named in the 2024 list of The Best Law Firms in America. The Miami-based firm has once again received this honor at both the national and metropolitan level. This follows a recent announcement where seven of the firm’s attorneys were named as Best Lawyers in America” for 2024 across a range of fields.

“We strive every day to provide the best possible representation for our clients, and we are honored to continue to receive this recognition for our work,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers, a distinguished peer-review legal publication company, develops The Best Law Firms in America listings through individual lawyer and law firm surveys and firm recognition history. Colson Hicks Eidson is recognized in the following areas.

National Tier 2 (Represents national clients and smaller companies)

  1. Mass Tort Litigation / Class Actions – Plaintiffs

Metropolitan Tier 1 (Scored within a certain percentage of highest-scoring firms in area)

Miami

  1. Bet-the-Company Litigation
  2. Commercial Litigation
  3. Criminal Defense: White-Collar
  4. Mass Tort Litigation / Class Actions – Plaintiffs
  5. Medical Malpractice Law – Plaintiffs
  6. Personal Injury Litigation – Plaintiffs
  7. Product Liability Litigation – Plaintiffs
  8. Insurance Law

Metropolitan Tier 2 (Scored within a certain percentage of the next highest-scoring firms in area)

Miami

  1. Professional Malpractice Law – Defendants
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About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

Colson Hicks Eidson (CHE) is proud to announce its recent involvement in a significant legal matter with statewide implications. Sabrina Saieh, an attorney at CHE, has filed an amicus brief in the First District Court of Appeal in the case of State of Florida, Agency of Health Care Administration v. Alfredo Ivan Murciano, M.D. in support of Dr. Murciano’s brief.

The amicus brief was filed on behalf of CHE senior partner Roberto Martinez, who served on the most recent Florida Constitution Review Commission and was the primary sponsor of an amendment to the Florida Constitution, now found in Article V, Section 21, titled “Judicial Interpretation of Statutes and Rules.” This amendment explicitly prevents courts and Administrative Law Judges (ALJs) from deferring to administrative agencies’ interpretations of state statutes or rules.

The brief urges the First District Court of Appeal to recognize that Article V, Section 21 was added to the Florida Constitution to prevent executive branch agencies, such as the Agency of Health Care Administration (ACHA), from imposing their legal interpretations on the courts and ALJs. The Florida Constitution prohibits ALJs and the courts from accepting mandates from ACHA to adopt their findings of fact or issue orders based on ACHA’s interpretations of statutes and rules that contradict those determined by the ALJs or courts during a de novo review.

This amicus brief underscores CHE’s dedication to defending the integrity of the Florida Constitution and ensuring that judicial interpretation of statutes and rules remains impartial and independent from administrative agencies.

Organizing Committee Appointee  Stephanie Casey formally honored by Judge Altman

MIAMI (September 9, 2023) –  Colson Hicks Eidson, a multilingual complex civil and commercial litigation law firm based in Miami, FL, today congratulated Stephanie A. Casey for her leadership as an ad-hoc organizer of the Florida Southern District’s 6th Biennial Bench and Bar Conference. She was recognized formally by Judge Roy Altman for her remarkable service at the event in Miami Beach on September 9, 2023. 

The Bench and Bar Conference of the Southern District – a collaborative effort between the US District Court and the South Florida Chapters of the Federal Bar Association – brought together legal professionals, judges, and experts in a sold-out event, attracting more than 1,000 attendees. Casey played a pivotal role in organizing this prestigious gathering, which featured a day-long program of engaging panel discussions with esteemed judges, legal experts, and members of the Southern District of Florida’s Bench and Bar.

One of the highlights of the conference was the “Supreme Court Roundup,” featuring distinguished speakers Miguel A. Estrada and Neal Katyal. Additionally, a thought-provoking panel discussion marked the 60th anniversary of the Supreme Court’s landmark Gideon v. Wainwright decision, with Yale Law Professor Akhil Reed Amar, the Honorable Kathleen M. Williams, and the Honorable Robert N. Scola, Jr. 

“We are immensely proud of our partner Stephanie Casey for her exceptional contributions to the 6th Biennial Bench and Bar Conference,” Senior Partner Curt Miner said. “Her leadership and commitment to advancing the legal profession are exactly in line with our firm values, and we look forward to her continued success.”

Casey was appointed to the Southern District’s Bench and Bar Committee by Chief Judge Cecilia M. Altonaga in May 2022.  

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.