the – family master dead television Felipe Camiroaga appealed the ruling to revoke the judgment of the Third Civil Court & # 39; Valparaiso, rejecting claims 15 million & # 39; compensation from relatives & # 39; some 21 fatal victim of the fall in plan & # 39; CASA 212 which took place on 2 & # 39; September 2011 in the archipelago of & # 39; Juan Fernández.
It should be recalled that in the decision made some substitute judge Santander Andrea Guerra, that it was "an extraordinary event due to force majeure", and stressed that the accident occurred due to bad weather conditions and not due to the negligence of Chilean Air force (FACH).
Because of this, according to The MercuryJulio Pellegrini lawyers, Juan Carlos Manríquez Fernando Zúñiga, representing Camiroaga family, ask the Court & # 39; the Appeals & # 39; Valparaiso to revoke the sentence and – ordered the Treasury – VAT 960 million burden for moral damage they claim in their individual civil action.
They argue that the judge made several mistakes in the decision not taking into account, for example, that the fuel tanks underwater removed from the aircraft & # 39; the air was looking to ease the overweight and the FACH arbitrarily limited " autonomy and keep its flight back if you brought some inconvenience ".
They also doubt whether the lack of & # 39; Robinson Crusoe Island protocols and that the aerodrome does not meet the minimum conditions of & # 39; security were not considered.
Nine accused of negligence FACH
On appeal are also indicated nine & # 39; neglect of FACH in an accident, so they call to declare the non-contractual liability of the institution.
"If it was properly acted (without negligence) in the planning and execution of the flight, the aircraft CASA 212 was not the journey began" for errors & # 39; maintenance and flight plan ";" was correct for shortcomings ", as have sufficient autonomy flight to get & # 39; back or drop in & # 39; another area," or at least envisaged that m & # 39; has come in & # 39; area is now restricted, "they argue.
F & # 39; this context, one by negligent accuse raise it, "b & # 39; conscious way", the FACH "sent aircraft b & # 39; path & # 39; passengers almost as much as necessary, without enough fuel to return ", and b & # 39; it forced the pilots to land or death.
The 15 lawsuit against the Treasury rejected by the court added 32 thousand 891 million 591 thousand 308 pesos.