The widow Ese Lynn Falae and her three children are demanding for compensation in the sum of N245.5million which they calculated their bread winner would have made in 15 years, less living expenses, cash discount and the statutory limit of One hundred thousand Dollars or in the alternative the sums of N113,277,750,£160,740 and $19,000.The younger Falae died in the ill fated Associated Airline crash in Lagos two years ago.
A thirty-seven paragraph statement of claim has been filed before a Federal High Court in Lagos south west Nigeria on her behalf and her three children, 15, 13, and 7 year old respectively .
As part of the Ondo State Government’s funeral arrangements of the late Olusegun Agagu, former Governor of Ondo state who died on 13th of September, 2013.in Lagos,the deceased and some other Ondo state Government Officers were directed by the Governor of Ondo state to support the family of late Agagu for Agagu’s funeral that was scheduled to hold on 4th of October, 2013.
On 3rd of October,2013, Deji Falae, along with some Agagu family members,Ondo state Government officials, pall bearers boarded the defendant’s Flight 361 chartered to lift the remains of late Agagu from Murtala Mohammed Airport, Lagos to Akure Ondo State. About a minute after take off from the Airport the Aircraft crashed as a result of the wrongful act,neglect or default of the defendants. The deceased died as a result of the crash. As a result of this incident,the plaintiffs being the defendants of the deceased have suffered damages.
The affidavit claimed that as at the time of the death of the deceased,he made about N10million annually from his law firm practice. As a commissioner in Ondo state,he received the sum of N5million annually as employment income. He also made N20million annually from his building and construction business. A total of N8.750million was expended annually by the deceased as his living expenses, He would have made N262.5 million in fifteen years.
The widow averred further that as the bread winner,the deceased until his death paid the rent of a five bedroom duplex at Dolphin Estate Lagos where they lived with him until his untimely death, and since his death the burden of paying the rent has been on her. This wouldn’t have been if the deceased was alive. The deceased would have equally paid the school fees of his children to the completion of their education.
It was the practice of the deceased to pay all expenses of the plaintiffs for at least a five-day vacation outside Nigeria every year.
The plaintiffs also incurred the sum of N2.5million as expenses during the funeral of the deceased carried out on 14th November,2013.which would not have been incurred had the plaintiffs not by their wrongful act,neglect or default caused the death of the deceased.
The plaintiffs have also incurred legal practitioners’ fees in the sum of N5million in prosecuting this suit.
However Associated Aviation Nigeria Limited while referring to the suit as gold digging, in a statement of defence supported with written statement on oath by Taiwo Raji, its Chief Operating Officer and filed before the court by the law firm of M.A.Bashua denied almost all the averment of the widow. The company also denied that it was negligent in handling the Aircraft. It said it was not in any way liable to the plaintiffs as claimed in their statement of claim.
Culled from PM News
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