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Court to hear KAL 007 'pain and suffering' claim
April 27, 1998
Familes mourn those who died on KAL 007 in 1983
Web posted at: 10:47 a.m. EDT (1447 GMT)WASHINGTON (CNN) -- The Supreme Court was on Monday to begin hearing a demand for compensation by relatives of the 269 people who died in 1983, when a fighter aircraft of the former Soviet Air Force shot down KAL Flight 007, killing everybody aboard the civilian aircraft.
Lawyers before the highest U.S. court are seeking what is called "survival action," which is to say that the victims' families are seeking compensation for pre-death pain and suffering.
"It (the KAL aircraft) entered into a controlled spiral descent that lasted for about 12 minutes. During that time, the passengers were alive," said attorney Juanita Madole.
For many of the relatives, the legal agony of compensation has lasted 15 years.
"I've not received any compensation," said Hans Ephraimson, whose daughter was killed when the KAL plane was downed over international waters and plunged into the Sea of Japan.
"In fact, Korean Airlines claims that I didn't suffer any damages because I'm able to buy a cup of coffee in the morning and I'm not dependent on Social Security," he said.
Debris from the Korean airliner washed ashore KAL, although found to have committed "willful misconduct" by violating Soviet air space, is not the only party to have refused compensation: the Soviet authorities never paid up either, even though its Air Force shot down the airliner.
As for the United States, the Supreme Court ruled in 1996 that the "Death on the High Seas Act" prohibits claims for non-economic damages, such as a loss of a loved one.
In line with that argument, KAL argues it is not trying to dodge the law. "Korean Air is not taking advantage of the plaintiffs in this action. They're just saying we should be held responsible in accord with what the law of the United States says," said KAL attorney Andrew Harakas.
Should the Supreme Court decide to expand the limits of maritime law, legal analysts say, it would affect claims involving aircraft and nearly any other vessel in international waters.
The court decision could also affect TWA Flight 800, which fell beyond the three-mile limit into international waters after exploding in mid-air.
Should the justices support the position of the KAL families, then the relatives of 21 Montoursville students from Pennsylvania who died in the tragic TWA accident could also gain a right to sue TWA in court.
Senior Washington Correspondent Charles Bierbauer contributed to this report.
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Video almanac:
- Soviets shoot down Korean airliner - September 1, 1983
Related story:
- Court restricts awards in airline crash cases (bottom half of story) - January 16, 1996
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