Wednesday , May 12 2021

CASA 212: The Camiroaga family is trying to revoke the decision to refuse compensation

On the family of the late television conductor Felipe Camiroga filed an appeal against Justice to revoke the judgment of the Valparaiso Third Civil Court, which rejected 15 million claims for compensation from relatives of some of the 21 fatal victims of the QAA airplane 212, which occurred on September 2, 2011 in the archipelago of Juan Fernandez.

It should be recalled that in the verdict, some judge deputy Andrea Santander Guera considered this to be a "incidental force majeure event," pointing out that the accident occurred due to bad weather, and not because of the Chilean Civil Aviation (FACh) negligence.

Given this, according to Mercury, lawyers Julio Pellegrini, Juan Carlos Manriquez and Fernando Zuniga, representing the Camiroga family, asked the Valparaiso Appellate Court to revoke the sentence and the Ministry of Finance is ordered to pay it 960 million by weight for the moral damage they seek in their individual civil action.

They claim that the judge made several mistakes in the judgment by not considering, for example, that submarine tank reservoirs were removed from the plane that wanted to ease the overweight and that FACh arbitrarily restricted "its autonomy on the flight and prevented it from returning if it presented inconveniences."

They also wonder if the lack of protocols for Robinson Crusoe Island and the fact that the airport has not met the minimum security requirements have not been taken into account.

Accused nine negligence on FAK

In the complaint they also pointed out the nine negligence of the FACh in the crash, so they seek to proclaim the institution's vested responsibility.

"If it acted as it should (without negligence) when planning and carrying out the flight, the KASA 212 aircraft will not start the journey" for flaws in maintenance and in the flight plan "," will correct the failures ", as there was not enough autonomy on the return or landing flight to another area, or at least that would assume that it should not enter an area that is now restricted "they argue.

In this context, one of the negligence they accuse raises, "knowingly," the FAK "sent a plane with practically twice as many passengers as needed, without enough fuel to return," which forced the pilots to land or he died.

The 15 lawsuits against the Ministry of Finance, which were rejected by the court added 32 thousand 891 million 591 thousand 308 pesos.

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