Associated Press
CONCORD, N.H. — A woman whose husband died aboard one of the jetliners that slammed into the World Trade Center filed the first lawsuit against an airline over the Sept. 11 attacks Thursday, contending negligence on the part of United Airlines led to the hijacking.
Ellen Mariani of Derry sued in federal court in New York City. Her husband, Louis Mariani, 58, was a passenger on United Flight 175, the second plane to hit the trade center. She and her children are seeking unspecified damages.
Her lawyer, Don Nolan, said the airline had a duty to "exercise the highest degree of care" with regard to safety. He would not elaborate on what the airline should have done differently to prevent the hijacking.
The lawsuit was filed the same day the Justice Department announced that victims’ families and survivors of the Sept. 11 terrorist attacks could begin applying for federal aid and will be eligible for at least $500,000 each.
Nolan said Mariani decided not to apply for money from the federal fund, which is open only to those families who agree not to sue the airlines.
"Mrs. Mariani doesn’t want the taxpayers’ money," he said. "She wants her day in court with United Airlines."
The Marianis were taking separate flights to California to attend the wedding of Ellen Mariani’s daughter. Initially, Louis Mariani had planned to stay home, thinking it was too expensive for them both to go. But his wife raised money through yard sales to buy him a surprise ticket.
Robert Clifford, an aviation disaster attorney in Chicago, said Mariani’s lawsuit is the first to be filed against an airline over the attacks.
Clifford, head of the American Bar Association’s task force on terrorism and the law, criticized the timing of the lawsuit.
"There are families in need who don’t need to be manipulated by lawyers," he said. "This does nothing but add to the confusion."
Copyright ©2001 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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