Pilot, travel agency dismissed from plane crash suit

The federal court has dismissed a Korean pilot and a China-based travel agency from a lawsuit filed in federal court by six passengers of a plane that crashed at the Saipan International Airport in 2012.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona dismissed pilot Jae Choi and Tianing Travel Agency from the lawsuit in an order Thursday.

Manglona said the court will dismiss Choi and Tianing Travel Agency from the lawsuit to preserve the court’s diversity jurisdiction.

“Diversity jurisdiction does not encompass foreign plaintiffs suing foreign defendants,” said Manglona, citing precedent.

All six passengers of a Piper Cherokee aircraft, including one who died when the plane crashed at the Saipan International Airport in 2012, have filed a wrongful death lawsuit in federal court.

The plaintiffs are Weilian Lu, Yixiao Ge, Xin Hong, Meilin Zhou, Xiaohua Zhou, and Xiuzhong Zhu, all Chinese citizens.

Xiaojie Ge is representing his wife, Lu, who died, and their minor child, Yixiao Ge. Attorney Mark B. Hanson and the Los Angeles-based Girardi law firm are counsels for plaintiffs.

The plaintiffs are suing Choi, Star Marianas Air Inc., Marianas Air Travel, Tinian Transportation Management Solutions Inc., Tianing Travel Agency, Century Tours, Top Development Inc., and 100 unnamed co-defendants, for negligence, wrongful death, and negligent infliction of emotional distress.

In addition, the plaintiffs are suing Star Marianas Air for fraud.

Last Jan. 6, the plaintiffs voluntarily dismissed Century Tours from the lawsuit.

The plaintiffs are demanding unspecified amount of damages, compensation, attorney’s fees, and court costs.

According to the complaint, a seven-passenger Piper PA-32 Cherokee Six being piloted by Choi crashed into the trees north of the runway at Francisco C. Ada/Saipan International Airport on Nov. 19, 2012.

The plane was being operated by Star Marianas Air, chartered by Marianas Air Travel, and maintained by Tinian Transportation Management Solutions.

Hanson said all the plaintiffs were aboard this flight except for the minor, Ge.

Hanson said the flight was to shuttle six plaintiffs to the Tinian Dynasty Hotel & Casino as part of a trip package put together by Tianing and Top Development.

While taking off at 6:20am, the plane allegedly lost power and nose-dived into the trees adjoining the north side of the runway. A fire then ensued.

Hanson said the crash and fire killed Lu and injured Choi and five of the passengers.

The lawyer noted that the aircraft was manufactured in 1969 and at the time of the crash had already accrued 6,805 hours of service.

Hanson cited that Star Marianas has now been involved in a number of plane crashes and incidents since mid-2012.