First Lawsuit Filed in Crash of China Airlines Flight CI-611; Boeing Corporation Named as Defendant

Business Wire, August 12, 2002

Business Editors/Legal Writers

CHICAGO--(BUSINESS WIRE)--Aug. 12, 2002

Nolan Law Group of Chicago filed a lawsuit in the Circuit Court of Cook County today against Chicago-based Boeing Company on behalf of the family of two victims who died on China Airlines Flight CI-611 when the 23-year-old Boeing 747-209B aircraft broke into four pieces and fell into the China Sea. Liang Wen Wan, 42, and her daughter, Shih Peng Yu, 8, were among the 225 passengers and crewmembers on board who perished.

With 60 percent of the wreckage recovered, investigators have determined the break-up began near the aircraft's rear fuselage. Chief of the Taiwanese Aviation Safety Council (ASC), Kay Yong, indicated that repairs made 22 years ago could be the cause of the accident.

ASC investigators found that stainless steel, instead of aluminum alloy, patches were used to repair damage from a "tail strike" that occurred approximately one year after China Airlines purchased the aircraft from Boeing. A tail strike is the industry term for when an aircraft's tail hits or scrapes the runway during take-off and causes structural damage.

"The current structural repair manual forbids stainless steel," Yong said at a recent press conference in Taiwan.

Boeing is an active partner in ongoing service and support of all aircraft manufactured by the company. Structural Repair Manuals dictate proper procedures for repairs and are issued by Boeing.

Improper blending of metals in repairs can alter stress paths and overload surrounding areas. Investigators found 20 inches of fatigue cracks, one 9 inches in length, adjacent to the 7 x 2-foot repair area. These types of repairs dictate diligent inspection during the lifetime of an aircraft to monitor for signs of fatigue cracking and corrosion where the structure has been compromised.

"A tail strike is not an uncommon event, and many aircraft are repaired without consequence. In this case the damage was improperly repaired though it was in accordance with Boeing's instructions at the time," said Donald J. Nolan, attorney for the plaintiffs.

"Once the use of stainless steel was prohibited for use there is no evidence disclosed so far to indicate that Boeing advised airlines to inspect or correct prior repairs." Nolan cautioned that other aircraft could be operating with stainless steel patches similar to that of the China Airlines plane.

A practicing physician in Taiwan, Dr. Liang and her daughter became permanent residents of the United States in December, 2000. The family was traveling to visit relatives in Hong Kong. The first lawsuit comes after the families rejected China Airline's offer of $317,000 per victim as compensation for their loss.

Nolan Law Group, a Chicago-based law firm, represents and has represented survivors and families of victims of aviation disasters in the United States and across the globe. NLG has the largest commercial aviation disaster practice in Southeast Asia and the Pacific Rim and currently represents the majority of families from Singapore Airlines Flight SQ006.