A federal jury determined Friday that the designer of a faulty rudder component must shoulder most of the blame for the crash of USAir Flight 427, which slammed into a Beaver County hillside nearly eight years ago, killing all 132 on board.
The verdict makes Ohio-based manufacturer Parker Hannifin Corp. potentially liable for at least $158 million or even as much as $300 million, based on the monetary settlements with families of passengers. Senior U.S. District Judge Alan N. Bloch will determine the final amount of the award.
A jury of five men and seven women in Pittsburgh found Parker Hannifin 75 percent responsible for the crash. The jury saddled Seattle-based Boeing Co., which manufactured the airplane, with 25 percent of the blame.
The ruling means Parker Hannifin must reimburse US Airways' insurance company 75 percent of the total amount of claims the airline paid to families of crash victims. Attorneys for the companies involved would not comment on the amount of money that was at stake.
The verdict mirrored earlier findings by the National Transportation Safety Board that blamed the accident on a faulty servo valve designed and manufactured by Parker Hannifin.
“The proof showed the servo valve was defective. Parker Hannifin knew that,” said Faye L. Harris, a juror from Shaler Township.
US Airways spokesman David Castelveter said the airline was satisfied with the verdict.
“Nothing can diminish the human tragedy of this accident, and we take no joy in this verdict. But we are grateful that the jury has concluded what the NTSB has already determined – that the crew acted properly and did nothing to contribute to this accident,” Castelveter said.
US Airways, through its insurance carrier, Global Aerospace, based in London, paid hundreds of millions of dollars in settlements from lawsuits or claims filed against the airline on behalf of the estates of the passengers.
Although Boeing was found 25 percent responsible, it will not have to pay further damages because the company settled with US Airways and families before the trial began and was dismissed as a party to the lawsuit.
"What the jury said is that Parker is not entirely responsible," said Liz Verdier, a Boeing spokeswoman. "This was between Parker and US Airways. We settled two years ago with US Airways and all of the families."
Boeing and US Airways have paid a roughly equal share of the money given so far to passengers' families, Juror Paul Herbold Jr., 63, of Monaca, Beaver County, said jurors didn't know that until Bloch told them after the trial that Boeing had paid a $189 million settlement to US Airways and to families. He said if the jury had known about the settlement, it would have split the blame 50/50 between Parker Hannifin and Boeing.
“It would have changed a lot of votes if we'd known about Boeing's settlement,” Herbold said.
Bloch also told the jury US Airways paid $211 million in settlements, making the total paid to families of passengers $400 million, Herbold said.
Parker Hannifin could be liable for $158 million, based on $211 million in settlements; the figure would be $300 million, based on $400 million in settlements.
US Airways attorney William Pietragallo would not comment on the verdict other than to say, "It's great for us that the pilots and the airline were found to have no liability."
Parker Hannifin attorney Frank A. Silane maintained that the company is not to blame. "I don't think there's any question the valve did not jam," he said.
US Airways sued Parker Hannifin three years ago in a bid to recover settlements it paid to families. The trial began June 3 in a federal courtroom Downtown. The jury deliberated about 15 hours over three days.
The jury agreed with US Airways' claims that a faulty servo valve designed by Parker Hannifin and used as a component in the Boeing 737's rudder system caused the accident.
Parker Hannifin claims the servo valve it designed, manufactured and sold to Boeing operated properly and did not cause the accident. The company said Boeing's rudder design and valve specifications, as well as poorly trained and inattentive pilots, caused USAir Flight 427 to crash into a Hopewell Township hillside after hitting air turbulence on its approach to Pittsburgh International Airport from Chicago on Sept. 8, 1994.
Herbold said some jurors were disappointed with Parker Hannifin for blaming the pilots.
“There was no proof the pilots made mistakes. It was heartbreaking to listen to the pilots' last words,” played at trial from the cockpit voice recorder.
Silane said he was defending his client. "There was so little evidence as to what was going on in the cockpit. I have no interest in saying anything negative about the pilots."
In 1999, the National Transportation Safety Board ruled a malfunction of the plane's rudder control system caused the jet to roll left and dive into the ground.
After the NTSB's ruling, the Federal Aviation Administration ordered a redesign of the 737's rudder system by 2006.
