The High Court in Demerara has issued its much-anticipated ruling in the case surrounding a 2016 collision at the Cheddi Jagan International Airport (CJIA) between aircraft operated by Fly Jamaica Airways and Caribbean Airlines Limited (CAL).
Justice Priya Sewnarine-Beharry’s 44-page decision, delivered on January 7, 2025, concluded years of litigation by assigning liability to several parties involved in the incident.
The dispute arose from a collision on November 29, 2016, when a Caribbean Airlines Boeing 737-800 struck the tail of a parked Fly Jamaica Airways Boeing 767-319ER on the airport apron, causing extensive damage to the latter.
Fly Jamaica (the claimant) subsequently initiated legal action in 2018, accusing Caribbean Airlines, its pilots, and New Timehri Handling Services, the ground-handling company, of negligence.
Justice Sewnarine-Beharry found that the collision resulted from negligence on the part of multiple parties, including Caribbean Airlines, its Captain Gordon Seemungal, First Officer Dirk Thomas, and the ground-handling team from New Timehri Handling Services.
The court ruled that Caribbean Airlines’ pilots failed to follow clear instructions from air traffic control (ATC), which directed them to use Taxiway Charlie-Alpha. Instead, the pilots opted for Taxiway Charlie-Bravo, which brought their aircraft dangerously close to the Fly Jamaica plane.
Justice Sewnarine-Beharry highlighted the pilots’ failure to adhere to ATC directives and local regulations, describing their actions as a breach of duty.“They [the pilots] ought to have asked ATC to repeat the instructions if unsure or slowed down and stopped the aircraft altogether to seek clarification,” the judge remarked. “Their failure to take these actions amounts to a breach of the duty of care owed to the claimant.”
The ruling also criticised New Timehri Handling Services for providing inadequate marshaling services. Evidence presented during the trial showed that the Wingwalker—a ground staff member responsible for ensuring safe taxiing—warned the Caribbean Airlines pilots of the impending collision only four seconds before the crash.
“The undisputed evidence of the [pilots] is that they were not warned by the [New Timehri Handling Services] agents of the risk of collision,” the judge stated.She said the Wingwalker ought to have perceived the risk of collision and issued a stop order in time for the Nose Marshaller to alert the pilot to stop.
This lapse, she said, directly contributed to the accident.The Guyana Civil Aviation Authority (GCAA) and the Cheddi Jagan International Airport Corporation (CJIAC), named as third parties, were cleared of liability.The court found no evidence of negligence or non-compliance with international safety standards on their part.
Justice Sewnarine-Beharry rejected Caribbean Airlines’ claims that the placement of taxiing centrelines and parking spots at CJIA contributed to the collision.The court ordered Fly Jamaica, New Timehri Handling Services and Caribbean Airlines to submit written submissions on the assessment of damages for losses incurred.
The assessment of legal costs, including those for dismissed claims, was also mandated.Caribbean Airlines was represented by team of lawyers led by Nigel Hughes, while New Timehri Handling Services was defended by attorney N. Ramkarran. Attorneys Devindra Kissoon and Natasha Vieira represented the GCAA, and Senior Counsel Robin Stoby appeared on behalf of the CJIAC.
Fly Jamaica was represented by attorney Ronald Burch-Smith.On November 29, 2016, at approximately 7:50 a.m., a Caribbean Airlines aircraft collided with the tail section of a parked Fly Jamaica plane.
Thankfully, no injuries were reported in the incident.Fly Jamaica contended that the collision left its Boeing 767 unfit for operation, leading to significant repair expenses and disruptions to its services. Fly Jamaica, which began operations in 2013, ceased flying and filed for bankruptcy in 2019.
