The Santa Catarina Court ordered Chapecoense to compensate the family of journalist Giovane Klein, who died in the 2016 plane crash in Colombia, aged 28. The decision recognized the club’s responsibility in hiring LaMia flight 2933, which ended in tragedy with 71 victims.
Sentence of the 2nd Civil Court of Chapecó (SC) established compensation of R$ 450 thousand for moral damages. Giovane’s partner and parents, registered as the three authors of the action, should receive an amount of R$150,000 each.
Judge Giuseppe Battistotti Bellani recognized Chapecoense’s objective and joint liability. The ruling outlines that the club was negligent in choosing LaMia purely for financial reasons. Furthermore, it highlights that the contract signed with the airline provided for the contractor’s liability “for damages caused to passengers and third parties”.
“The conduct of the defendant Chapecoense also reveals serious guilt, for not having taken adequate care in verifying the regularity of the contracted company, the flight plans and the operational conditions of the aircraft”, says an excerpt from the sentence.
“LaMia was chosen, as can be seen from the records, due to the lowest price offered, even when faced with safer and more regular options, such as nationally and internationally recognized commercial airlines. Such a decision demonstrates negligence in the selection of the service provider, especially given the nature of the activity and the risk involved.”
Chapecoense tried to avoid its obligation to compensate by attributing the accident to third parties. The club claimed the exclusive fault of the pilot and the airline and maintained that the journalist was traveling as a guest, free of charge, which would rule out a consumer relationship. The arguments were rejected by the judge.
Requests for pension and material damages were denied to the family. The judge understood that the partner’s economic dependence had not been proven. Furthermore, the plaintiff also did not provide proof of expenses for reimbursement, such as psychological treatment expenses.
Other defendants were excluded from the process. Initially, the action was also filed against LaMia and an insurance company, but the family withdrew these requests during the processing. Thus, the Santa Catarina club remained the only defendant.
The accident
The LaMia plane crash occurred on November 29, 2016, in Medellín, and killed 71 people. The Bolivian company’s aircraft was taking players, managers and journalists to the Copa Sudamericana final. Only six people survived: Chape players, at the time, Alan Ruschel, Jakson Follmann and Neto; journalist Rafael Henzel and crew members Erwin Tumiri and Ximena Suárez.
Colombian investigation pointed to lack of fuel as the cause of the accident. The flight’s last communications with the control tower indicated an emergency due to dry failure and electrical failure. According to the Colombian Civil Aeronautics, the crew knew that the plane was traveling irregularly.
