Boeing settles with a man whose family died in a 737 Max crash
The settlement on Friday came just days before a jury trial at Chicago's federal court was set to start Monday to determine damages for Paul Njoroge of Canada.
His family was heading to their native Kenya in March 2019 aboard Ethiopian Airlines Flight 302 when it malfunctioned and plummeted to the ground, killing all 157 people on board.
Njoroge, 41, had planned to testify about how the crash affected his life. He has been unable to return to his family home in Toronto because the memories are too painful. He hasn't been able to find a job. And he has weathered criticism from relatives for not traveling alongside his wife and children.
'He's got complicated grief and sorrow and his own emotional stress,' said Njoroge's attorney, Robert Clifford. 'He's haunted by nightmares and the loss of his wife and children.'
Clifford said his client intended to seek 'millions' in damages on behalf of his wife and children, but declined to publicly specify an amount ahead of the trial. Terms of the deal were not disclosed publicly.
The proceedings were not expected to delve into technicalities involving the Max version of Boeing's bestselling 737 airplane, which has been the source of persistent troubles for the company since the Ethiopia crash and one year before in Indonesia. A combined 346 people, including passengers and crew members, died in those crashes.
In 2021, Chicago-based Boeing accepted responsibility for the Ethiopia crash in a deal with the victims' families that allowed them to pursue individual claims in U.S. courts instead of their home countries. Citizens of 35 countries were killed. Several families of victims have already settled. The terms of those agreements were also not made public.
The jetliner heading to Nairobi lost control shortly after takeoff from Addis Ababa Bole International Airport and nose-dived into a barren patch of land.
Investigators determined the Ethiopia and Indonesia crashes were caused by a system that relied on a sensor that provided faulty readings and pushed the plane's noses down, leaving pilots unable to regain control.
After the Ethiopian crash, Max jets were grounded worldwide until the company redesigned the system.
This year, Boeing reached a deal with the Justice Department to avoid criminal prosecutions in both crashes.
Among the dead were Njoroge's wife, Carolyne, and three small children, Ryan, age 6, Kellie, 4, and Rubi, 9 months old, the youngest to die on the plane. Njoroge also lost his mother-in-law, whose family has a separate case.
Njoroge, who met his wife in college in Nairobi, was living in Canada at the time of the crash. He had planned to join his family in Kenya later.
He testified before Congress in 2019 about repeatedly imagining how his family suffered during the flight, which lasted only six minutes. He has pictured his wife struggling to hold their infant in her lap with two other children seated nearby.
'I stay up nights thinking of the horror that they must have endured,' Njoroge said. 'The six minutes will forever be embedded in my mind. I was not there to help them. I couldn't save them.'

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Yahoo
7 hours ago
- Yahoo
Jury awards over $240 million in damages against Tesla in Autopilot crash lawsuit
A Florida jury on Friday ordered Tesla to pay hundreds of millions of dollars to the victims of a 2019 fatal crash involving its Autopilot driver assist technology. The verdict which comes after a four-year long case could encourage more legal action against Elon Musk's electric car company. A Miami jury decided that Elon Musk's car company Tesla was partly responsible for a deadly crash in Florida involving its Autopilot driver assist technology and must pay the victims more than $240 million in damages. The federal jury held that Tesla bore significant responsibility because its technology failed and that not all the blame can be put on a reckless driver, even one who admitted he was distracted by his cellphone before hitting a young couple out gazing at the stars. The decision comes as Musk seeks to convince Americans his cars are safe enough to drive on their own as he plans to roll out a driverless taxi service in several cities in the coming months. The decision ends a four-year long case remarkable not just in its outcome but that it even made it to trial. Many similar cases against Tesla have been dismissed and, when that didn't happen, settled by the company to avoid the spotlight of a trial. 'This will open the floodgates,' said Miguel Custodio, a car crash lawyer not involved in the Tesla case. 'It will embolden a lot of people to come to court.' The case also included startling charges by lawyers for the family of the deceased, 22-year-old, Naibel Benavides Leon, and for her injured boyfriend, Dillon Angulo. They claimed Tesla either hid or lost key evidence, including data and video recorded seconds before the accident. Tesla said it made a mistake after being shown the evidence and honestly hadn't thought it was there. 'We finally learned what happened that night, that the car was actually defective,' said Benavides' sister, Neima Benavides. 'Justice was achieved.' Tesla has previously faced criticism that it is slow to cough up crucial data by relatives of other victims in Tesla crashes, accusations that the car company has denied. In this case, the plaintiffs showed Tesla had the evidence all along, despite its repeated denials, by hiring a forensic data expert who dug it up. 'Today's verdict is wrong," Tesla said in a statement, 'and only works to set back automotive safety and jeopardize Tesla's and the entire industry's efforts to develop and implement lifesaving technology,' They said the plaintiffs concocted a story 'blaming the car when the driver – from day one – admitted and accepted responsibility.' In addition to a punitive award of $200 million, the jury said Tesla must also pay $43 million of a total $129 million in compensatory damages for the crash, bringing the total borne by the company to $243 million. 'It's a big number that will send shock waves to others in the industry,' said financial analyst Dan Ives of Wedbush Securities. 'It's not a good day for Tesla.' Tesla said it will appeal. Even if that fails, the company says it will end up paying far less than what the jury decided because of a pre-trial agreement that limits punitive damages to three times Tesla's compensatory damages. Translation: $172 million, not $243 million. But the plaintiff says their deal was based on a multiple of all compensatory damages, not just Tesla's, and the figure the jury awarded is the one the company will have to pay. It's not clear how much of a hit to Tesla's reputation for safety the verdict in the Miami case will make. Tesla has vastly improved its technology since the crash on a dark, rural road in Key Largo, Florida, in 2019. But the issue of trust generally in the company came up several times in the case, including in closing arguments Thursday. The plaintiffs' lead lawyer, Brett Schreiber, said Tesla's decision to even use the term Autopilot showed it was willing to mislead people and take big risks with their lives because the system only helps drivers with lane changes, slowing a car and other tasks, falling far short of driving the car itself. Schreiber said other automakers use terms like 'driver assist' and 'copilot' to make sure drivers don't rely too much on the technology. 'Words matter,' Schreiber said. 'And if someone is playing fast and lose with words, they're playing fast and lose with information and facts.' Schreiber acknowledged that the driver, George McGee, was negligent when he blew through flashing lights, a stop sign and a T-intersection at 62 miles an hour before slamming into a Chevrolet Tahoe that the couple had parked to get a look at the stars. The Tahoe spun around so hard it was able to launch Benavides 75 feet through the air into nearby woods where her body was later found. It also left Angulo, who walked into the courtroom Friday with a limp and cushion to sit on, with broken bones and a traumatic brain injury. But Schreiber said Tesla was at fault nonetheless. He said Tesla allowed drivers to act recklessly by not disengaging the Autopilot as soon as they begin to show signs of distraction and by allowing them to use the system on smaller roads that it was not designed for, like the one McGee was driving on. 'I trusted the technology too much,' said McGee at one point in his testimony. 'I believed that if the car saw something in front of it, it would provide a warning and apply the brakes.' The lead defense lawyer in the Miami case, Joel Smith, countered that Tesla warns drivers that they must keep their eyes on the road and hands on the wheel yet McGee chose not to do that while he looked for a dropped cellphone, adding to the danger by speeding. Noting that McGee had gone through the same intersection 30 or 40 times previously and hadn't crashed during any of those trips, Smith said that isolated the cause to one thing alone: 'The cause is that he dropped his cellphone.' The auto industry has been watching the case closely because a finding of Tesla liability despite a driver's admission of reckless behavior would pose significant legal risks for every company as they develop cars that increasingly drive themselves. (FRANCE 24 with AP)
Yahoo
8 hours ago
- Yahoo
A Calgary woman was unable to complete a breathalyzer test. Now, she can't drive
A Calgary woman says she had her driver's licence suspended after being unable to complete a breathalyzer test — and some experts say the situation is more common than you might think. Pam Lacusta, 58, was driving on Stoney Trail in April when she was pulled over by Calgary police, who administered a breathalyzer test. Lacusta attempted the test 30 times and couldn't complete it. The officer handed her an administrative penalty for failing to provide a proper breath sample — a penalty that carries the same consequences as driving while impaired. Now, Lacusta must complete a driver's education course and install an interlock device in her car before she can drive again. Her prior insurance now refuses to cover her. "I feel like I'm being punished for something that I never did," said Lacusta, who said she doesn't drink for religious reasons. Later on the day she was ticketed, Lacusta took a urine test at a private clinic at her own expense to prove she wasn't drinking. She sent CBC News a copy of the negative results. Edmonton-based paralegal Sandra Weber said she hears of situations like Lacusta's fairly regularly. Weber said people may struggle to complete a roadside test due to medical conditions like lung cancer or asthma, compounded by the stress of completing a test in front of an officer. Once someone has received a penalty for failing to complete a breathalyzer, she said, it can be difficult to fight. "It's up to the recipient … to prove that there was something wrong with the machine or something that the police had done wrong," said Weber, who works with Moreau Law. "It's a very challenging situation and without any medical evidence it's very difficult to overcome these types of tickets." Lacusta did appeal her penalty with a provincial adjudicator, who turned her down. Lacusta said her difficulty with the test may have been due to a recent Botox injection that kept her from making a proper seal with her mouth. She also later learned that she had two suspected rib fractures, but not in time to include that information in her appeal. 'Not enough puff' Recent research out of the University of Sheffield in the U.K. suggests there may be people without severe lung or breathing problems who nevertheless struggle to complete breathalyzer tests. "There is a small, but significant, subset of people who just don't have enough puff to be able to operate the machine successfully," said lead researcher Galen Ives, who noted that older people, short people and women are more likely to struggle. Ives said police should be more willing to offer blood or urine tests as an alternative to people who try and fail to complete breathalyzer tests, though he acknowledged there would be practical hurdles to testing at a second location. A spokesperson for the Calgary Police Service said she couldn't comment on Lacusta's situation, but said anyone who believes they are medically unable to complete a breathalyzer test should tell the officer at the scene. A spokesperson for the provincial minister of justice said if people can't provide breath samples they may be asked to provide blood or urine samples "where certain legal requirements are met." Lacusta said blood and urine tests were not offered in her situation, and she believes they should be more widely available to people who can't provide a breath sample. For now, she's relying on her friends and her bicycle to get around the city, but still hopes to fight her penalty and have her clean driving record restored.
Yahoo
8 hours ago
- Yahoo
Portillo's crash: Officials release new details on 2-year-old's death, driver involved
The Brief A 2-year-old boy died and 12 others were injured after a 50-year-old driver crashed into a Portillo's restaurant in Oswego on Wednesday. The Kane County coroner confirmed the child died from multiple traumatic injuries; further test results are pending as the investigation continues. Oswego police say it's too early to determine whether the driver will face charges, though the crash appears to have been accidental. OSWEGO, Ill. - New details have emerged about a deadly crash at a suburban Portillo's earlier this week that killed a 2-year-old boy and left 12 others injured. What we know A vehicle crashed through the front entrance of a Portillo's restaurant at 2810 Route 34 in Oswego at 1:55 p.m. Wednesday. Thirteen people total were injured in the crash, according to Oswego police. Eight were transported to local hospitals, while the remaining five received treatment at the scene. The hospitalized victims range in age from their 20s to their 60s. The 2-year-old boy was transported to Rush Copley Medical Center in Aurora, where he was pronounced dead, the Kane County coroner's office said. Following an autopsy, the coroner reported on Friday that the boy died from injuries consistent with multiple traumatic injuries. Additional test results are pending as the investigation continues. "This is a tragic and heartbreaking situation for our community. As a mother, it breaks my heart to think about the loss of a child who was sharing a meal with his family at a restaurant. I wish to extend my heartfelt condolences to the loved ones of the child and to all those who were injured in the crash," said Coroner Monica Silva. New Details on Driver On Friday, police said the driver in the crash was a 50-year-old woman from Canton, Michigan. "Preliminary findings suggest the crash may have been accidental in nature; however, the exact cause remains under investigation. At this time, it has not been determined whether charges will be filed against the driver…," police said. The vehicle involved in the crash was a 2011 Lincoln MKZ Sedan. What's next Oswego police are continuing to investigate the cause of the crash. The coroner's office is also investigating the circumstances surrounding the child's death. RELATED: Portillo's crash: Child killed, 13 others injured after car slams into Oswego restaurant