L-R: Ricardo M. Martinez-Cid , Lea P. Bucciero , and Zachary Gorwitz of Podhurst Orseck. Courtesy photos

Two federal wrongful-death lawsuits have been filed in Florida against an air charter company following a plane crash that resulted in the death of Puerto Rican music producer Jose Angel Hernandez, known professionally as 'Flow La Movie,' and eight others.

Middle District of Florida Judge Anne C. Conway and Magistrate Judge Robert M. Norway are assigned to the case. Counsel for the defendants has yet to appear. Helidosa Aviation Group S.A. was contacted by email, but had not responded by presstime.

Read the Complaint Here

Hernandez and his family were on vacation in the Dominican Republic in December 2021. When departing for their home near Orlando, the Gulfstream IV went down about 15 minutes after take-off. Hernandez's long-time partner, and their four-year-old son, and another daughter were among the dead.

Now, a Miami law firm is poised to hold defendant Helidosa Aviation Group, S.A. responsible for the aviation disaster on behalf of a surviving daughter, Keigelyan Hernandez, and the mother of Hernadez's other daughter, Keilyan Hernandez, who died in the crash. The lawsuits were filed Dec. 14.

Representing the plaintiffs, 16 attorney-strong Podhurst Orseck in Miami has been in aviation litigation for over 50 years, taking on such giants as Boeing in prior aircraft-related lawsuits.

"The firm is certainly capable of being very comfortable going up against giants, whether they be the biggest insurers and reinsurers in the aviation space, the manufacturers, or the airlines," said firm partner and lead counsel Ricardo M. Martinez-Cid. "We understand what we need to do in order to get justice for our clients and really get to the cause of accidents, and frankly, it helps make aviation safer."

According to allegations in the complaint, the plane was in a dangerously poor condition due to inadequate maintenance. The litigation stems from a failed emergency landing attempt by the crew, prompted by malfunctioning ground spoilers, which ultimately led to the aircraft's destruction upon impact with the terrain.

Martinez-Cid, partner Lea P. Bucciero, and associate Zachary Gorwitz represent the plaintiffs in the two suits.  The demand is for $150 million.

"The aircraft crashed because of blatantly negligent maintenance that had been performed on the aircraft, which allowed the ground spoiler actuators on the wing to be connected incorrectly," said Bucciero.

According to the complaint, "The spoilers on both wings extended, but only those on the left wing retracted again. The Helidosa flight crew did not correct this unreasonably dangerous condition. They taxied the aircraft for departure with three spoilers on the right wing still extended," the complaint continued, "an aircraft is in an unreasonably dangerous condition when its ground spoilers are extended during takeoff. Such a configuration impacts the aircraft controllability and prevents the aircraft from achieving appropriate lift."

The firm feels optimistic they will successfully obtain a sizable sum for the clients based on their father's past and speculative future achievements in the music industry. Still, they will have to navigate international legal channels.

"For aviation safety, it is so important that we hold these charter operators accountable," Martinez-Cid said. "Many of these operators that want to fly in and out of the US want to avoid justice in the US."

Stalling Tactic?

"This is a very straightforward case because it's governed by the Montreal Convention," Martinez-Cid said. "The liability is very clear, but the real problem here is how significant the damages are." According to the International Air Transportation Association, The Montreal Convention, signed by over 135 countries in 1999, protects millions of air passengers who fly internationally, establishing airline liability in case of death or injury to passengers.

Martinez-Cid believes the defendants will challenge jurisdiction in Florida, as Helidosa Aviation is based in the Dominican Republic.

"These flights were contracted out of Florida … even though they were flying them to Florida, and even though the convention specifically provides for jurisdiction in Florida. Still, we don't see that as anything but a stalling tactic," the attorney said.

The 36-year-old Hernandez launched his own indie record label and management agency and was a renowned producer and artist with chart-topping hits like Te Boté, translated in English as "I Dumped You," a hit for artist Bad Bunny. He also produced Nio García's viral hit "La Jeepeta."

Attorneys think this case will move quickly once they get past the jurisdictional issue and proceed to resolve the matter without the court to get fair compensation for their clients.

"'Movies" existing catalog—forget the future that he was building—but his existing catalog was valued in the tens of millions of dollars based not only on the strength of that music itself, but his presence on social media, his personality, his brand and his future growth," Martinez-Cid said.