Avjet Corporation Wrongful Death Lawsuits Settled for $11.7 Million Prior to the Beginning of the Punitive Damages Phase of the Trial.

News Editors/Legal Writers

LOS ANGELES--(BUSINESS WIRE)--July 7, 2003

Today the Witham and Garcia plaintiffs came to a global resolution of their wrongful death lawsuits against Avjet Corporation, reaching a settlement of $11.7 million prior to the beginning of the punitive damages phase of the trial. Earlier, on July 2, 2003, a jury of 8 women and 4 men found Avjet Corporation and Robert Frisbie negligent and held responsible for the wrongful deaths of Marissa Witham and brothers Joseph and Jose Aguilar. The Witham vs. Avjet Corporation (Case No. BC 270776) and Garcia vs. Avjet Corporation (Case No. BC 270907) cases were consolidated for trial, which began June 5, 2003 in Los Angeles Superior Court before the Hon. Susan Bryant-Deason.

Plaintiffs Lyle and Laurece Ann Witham had been awarded $8.5 million by the jury for the wrongful death of their 22-year old daughter, Marissa Witham, who had worked in the research department for FOX TV affiliate, KTTV-TV in Los Angeles, CA. before her death and who had formerly been a reporter for Santa Monica CityTV. With today's settlement, they will receive $9.5 million. They were represented by Brian J. Panish with the Santa Monica, CA. law firm of Greene, Broillet, Panish & Wheeler, LLP and J. Clark Arestei with the Los Angeles, CA. law firm of Baum, Hedlund, Arestei, Guilford & Schiavo.

Plaintiff Aurora Garcia (paternal grandmother) had been awarded $1.7 million by the jury for the wrongful deaths of her two grandsons, 24-year old Joseph Aguilar and 29-year old Jose Aguilar, deceased residents of Los Angeles. With today's settlement, she will receive $2.2 million. Joseph Aguilar had been a chemical reactor operator, and Jose Aguilar had been an insurance claims adjuster. Their mother and aunt were also killed in the crash, and Mrs. Garcia is the sole surviving heir. She was represented by Kevin Boyle with Greene, Broillet, Panish & Wheeler, LLP.

"The deaths of Marissa Witham and Joseph and Jose Aguilar are all the more tragic," said Brian Panish, "because Avjet put profits ahead of safety. The Defendants knowingly flew into the face of danger when they attempted to land under unsafe, stormy weather conditions at Aspen Airport. Not only did they violate the airport's night landing curfew, but they disregarded nearly twenty federal, state and local regulations. Fifteen innocent passengers were killed. If their deaths are to have any meaning, it is our hope that today's resolution will send a clear message to pilots and private air charter companies everywhere to obey the air safety rules and regulations intended for the public's protection."

Marissa Witham and brothers Joseph and Jose Aguilar were 3 of the 15 passengers and 3 crew members that departed Los Angeles, CA. on March 29, 2001 for a trip to Aspen, CO. on a private Gulfstream III that had been chartered from Burbank, CA. based Avjet Corporation. Flown by Avjet employee, pilot Robert Frisbie, the plane crashed that evening on approach for landing at Aspen-Pitkin County Airport, killing all 18 on board.

Editor's Note: Plaintiffs were represented by Brian J. Panish and Kevin Boyle with Greene, Broillet, Panish & Wheeler, LLP in Santa Monica, CA. (www.gbpwlaw.com); Tel: [phone] and J. Clark Arestei with Baum, Hedlund, Arestei, Guilford & Schiavo in Los Angeles, CA.; Tel: [phone]. Defendants were represented by Martin Rose with Rose Walker, LLP in Dallas, TX.; Tel: [phone].