Los Angeles law firm Baum, Hedlund, Aristei & Goldman has filed a lawsuit on behalf of Raymond Selke and his son for the wrongful death of his beloved wife and daughter, who were tragically killed in the 2015 Germanwings Flight 9525 crash. Yvonne Selke and her daughter, Emily, were the only American residents aboard the ill-fated flight.
The wrongful death lawsuit (case number 1:17-cv-00121), filed in United States District Court, Eastern District of Virginia, Alexandria Division names German corporations Deutsche Lufthansa AG, Germanwings GMBH and Eurowings GMBH, as well as United Airlines.
On March 24, 2015, Yvonne and Emily Selke boarded Germanwings Flight 9525, which was scheduled to fly from Barcelona, Spain to Düsseldorf, Germany. After the plane reached a cruising altitude of 38,000 feet, the flight captain excused himself to use the restroom. Alone at the controls, co-pilot Andreas Lubitz locked the cockpit doors and crashed the airliner into the French Alps, killing everyone onboard.
An investigation concluded that Lubitz caused the Germanwings 9525 crash by deliberately steering the airliner into mountainous terrain. Officials said Lubitz was able to lock the captain out of the cockpit because there was no policy in place requiring at least two crew members to be in the cockpit at all times. Such a policy has been in place in the United States for many years.
Mr. Selke's claims are governed by the Montreal Convention, which allows for a lawsuit to be brought in the country where a carrier is domiciled or headquartered, where the contract of carriage was made, or where the plaintiff resides.
Selke Family Statement
"At a time when the deep-seated pain of our losses has scarcely diminished, we believe that the actions of Lufthansa and its subsidiary Germanwings to evade responsibility for the crash of Germanwings Flight 4U9525 leaves us no choice but to pursue legal remedy in the United States. We ask that the media remain considerate of our family's peace and privacy during this trying process, and that all inquiries relating to this matter be directed to our attorneys at Baum, Hedlund, Aristei & Goldman PC in Los Angeles."
Defendants Sued for Negligence
At the time of the March 24, 2015 Germanwings crash, the defendants were all part of the Star Alliance of airlines, which allowed Yvonne and Emily Selke to purchase international flights and itineraries through the United Airlines website.
As common carriers that take revenue from U.S. customers whilst promoting themselves as having the highest levels of safety, the defendants owed the passengers of Germanwings Flight 9525 a duty of utmost care and the vigilance for the safe transport of passengers, and to ensure that its aircraft is maintained and operated to the highest degree of safety and care.
According to the lawsuit, the defendants together negligently, carelessly and recklessly breached their duty of care to passengers by failing to maintain, operate, maneuver, handle, control, equip, manage, and pilot Germanwings Flight 9525, and by failing to properly and safely train, educate, prepare, inform, alert, monitor, guide or tutor its pilots, crew, and other personnel to operate a passenger aircraft.
The lawsuit further alleges that the defendants failed to have known policies in place that would have timely and safely responded to or prevented emergency situations, including an unattended sole crew member in the cockpit.
As a direct and proximate result of the defendants' gross negligence, Yvonne and Emily Selke suffered unspeakable horrors before their lives were tragically cut short.
About Baum, Hedlund, Aristei & Goldman
Baum Hedlund is representing Raymond Selke and his son in their lawsuit against Germanwings, Lufthansa, Eurowings and United Airlines. The firm has represented more than 650 air crash victims and their families across the globe against some of the largest airlines in the world.
Read more about the Germanwings lawsuit here.