On November 16, 1999, a $50 million wrongful death suit was filed against EgyptAir and the Boeing Co. on behalf of the estate of Ghassan Koujan, a 38-year-old New Jersey chef who perished in the Oct. 31 crash. All 217 people aboard the plane were killed. Koujan is survived by his wife and three children.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

SAMAR SMOUDI KOUJAN, Administratrix
and Administratrix ad Prosequendum
of the Estate of Ghassan Koujan, deceased
Plaintiff(s)

vs.

EGYPTAIR and THE BOEING COMPANY
Defendant(s)

Plaintiff, Samar Smoudi Koujan, Administratrix and Administratrix ad Prosequendum of the Estate of Ghassan Koujan, deceased, complains of defendants and says:

1. On October 31, 1999, the decedent, Ghassan Koujan, was a passenger on Egyptair flight 990 which departed Kennedy International Airport in Jamaica, New York for a non-stop flight to Cairo, Egypt and crashed into the Atlantic Ocean southeast of Nantucket Island, Massachusetts at about 1:52 A.M.
2. The defendant, Egyptair, has its domicile and principal place of business in the Arab Republic of Egypt and a corporate office in the City of New York.
3. The defendant, Boeing, is incorporated in the State of Delaware and has its principal place of business in the State of Washington.
4. The decedent, Ghassan Koujan, was a resident of the State of New Jersey.
5. On the date of the accident, there was a diversity of citizenship between the decedent and the defendants and the amount in controversy exceeds fifty thousand ($50,000) dollars, exclusive of interest and costs. 28 U.S.C. § 1332.
6. The decedent, Ghassan Koujan, sustained personal injuries that resulted in his wrongful death during the course of international transportation by air within the meaning of a treaty known as the Warsaw Convention (the Convention for the Unification of Certain Rules Relating to International Transportation by Air) as amended and supplemented and the United States District Court has subject matter jurisdiction based upon a Federal Question. 28 U.S.C. § 1331.
7. The decedent, Ghassan Koujan, was survived by his wife, Samar Smoudi Koujan, and his three children, Seddik, Maram and Nour Al-huda.
8. The plaintiff, Samar Smoudi Koujan, brings this action as the personal representative of Ghassan Koujan; as the administratrix and administratrix ad prosequendum of the Estate of Ghassan Koujan; individually as the wife of Ghassan Koujan; and as the parent and guardian of Seddik, Maram and Nour Al-huda Koujan.

9. In 1989, the defendant, Egyptair, purchased a Boeing 767-300 ER from the Boeing Company which was designated as flight 990 on October 31, 1999.
10. The defendant, Egyptair, was responsible for the inspection, maintenance and operation of the aforementioned aircraft.
11. The defendant, Egyptair, was responsible for the hiring and training of the pilot and crew of flight 990.
12. The defendant, Egyptair, was responsible for the safety and security of the passengers on flight 990.
13. The defendant, Egyptair, breached it express representations to its passengers that it would provide the highest level of safety; the most extensive procedures in the selection of staff and the testing of their level of skill, fitness and psychology; to acquire the latest aircraft with the most sophisticated avionics, computers and satellites; to provide the most highly skilled pilots, crews and technicians; to provide rigorous training programs for pilots, crew and technicians; to comply with the aircraft operations manual and flight procedures manuals; to abide by the rules and regulations of the Egyptair Civil Aviation Authority, the International Civil Aviation Organization and the Federal Aviation Administration; to secure every location from airport to passenger terminals and to safeguard every aircraft; to screen passengers and baggage so as to detect and abort any terrorist attacks or any unlawful attempt against the aircraft or passengers; and to take a rigorous safety approach to make aeroplanes the safest mode of transportation.
14. As a result of the conduct of defendant, Egyptair, the decedent, Ghassan Koujan, sustained severe physical injuries including pre-death pain and suffering and post-impact mental anguish in anticipation of death pursuant to the New Jersey Survivorship Act, N.J.S.A. 2A:15-3.
15. As a result of the death of Ghassan Koujan, the beneficiaries of his Estate have sustained pecuniary losses including the loss of support; the loss of spousal and parental services; the loss of guidance, advice and counsel; the loss of nurture and care; the loss of society; the loss of love and affection; the loss of companionship and consortium; and the loss of inheritance pursuant to the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-4.
16. As a result of the death of Ghassan Koujan, the members of his family have sustained grief and mental anguish.
Wherefore, the plaintiff, Samar Smoudi Koujan, Administratrix and Administratrix ad Prosequendum of the Estate of Ghassan Koujan, deceased, demands damages against the defendant, Egyptair, on the First Count of twenty-five million ($25,000,000.00) dollars, plus interest costs and counsel fees.

17. The defendant, Boeing, designed, manufactured, maintained, inspected and repaired a Boeing 767-300 ER which was sold to Egyptair in 1989.
18. Defendant, Boeing, designed, manufactured, maintained, inspected and repaired the aforementioned aircraft in a negligent manner and placed the aircraft into the stream of commerce in a defective condition.
19. On October 31, 1999, the aforementioned aircraft was not in an airworthy condition and was not fit for its intended use due to defects in its design, manufacture and avionics.
20. As a result of the negligence of defendant, Boeing, and the defective condition of the aircraft, the decedent, Ghassan Koujan sustained severe physical injuries including pre-death pain and suffering and post-impact mental anguish in anticipation of death pursuant to the New Jersey Survivorship Act, N.J.S.A. 2A:15-3. 21. As a result of the death of Ghassan Koujan, the beneficiaries of his Estate have sustained pecuniary losses including the loss of support; the loss of spousal and parental services; the loss of guidance, advice and counsel; the loss of nurture and care; the loss of society; the loss of love and affection; the loss of companionship and consortium; and the loss of inheritance pursuant to the New Jersey Wrongful Death Act, N.J.S.A. 2A:31-4.
22. As a result of the death of Ghassan Koujan, the members of his family have sustained grief and mental anguish.
Wherefore, the plaintiff, Samar Smoudi Koujan, Administratrix and Administratrix ad Prosequendum of the Estate of Ghassan Koujan, deceased, demands damages against the defendant, Boeing, on the Second Count of twenty-five million ($25,000,000.00) dollars, plus interest costs and counsel fees.

BAKER, GARBER, DUFFY & PEDERSEN
A Professional Corporation
(signature)
BY:
GERALD H. BAKER, ESQ. (GHB 1914)
One Newark Street
Hoboken, New Jersey 07030
(201)659-2635
Attorney for Plaintiff(s)

Dated: November 17, 1999

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