A Florida federal judge has denied a request from Helidosa Aviation Group SA to dismiss two lawsuits following a fatal plane crash in 2021, ruling that the case will proceed in U.S. courts. The decision is tied to the company's significant business operations in Florida, which have established enough of a connection to the Sunshine State for the case to stay in the U.S.

The Tragic Incident: A Life Cut Short

The crash that killed rising reggaeton producer Jose Hernandez, known as "Flow la Movie," took place on December 2021. Hernandez, who produced hits such as "Te Boté," had chartered a Gulfstream IV aircraft for his family to fly from Orlando to the Dominican Republic. After the plane arrived in the Dominican Republic, mechanics discovered issues with the aircraft’s ground spoilers on the right wing. Though the parts were replaced, the installation was faulty, leading to disastrous consequences.

On the return flight to Florida, the malfunctioning spoilers caused the plane to experience severe difficulties, forcing the pilot to attempt an emergency landing. The crash, which took place as the plane tried to land, tragically claimed the lives of all nine people aboard, including Hernandez, his five family members, two pilots, and a flight attendant.

Legal Battle: Family Seeks Justice

The family of the late Jose Hernandez, including his mother, Keila Marie Pena, and his surviving daughter, Keigelyan Hernandez, filed separate wrongful death lawsuits against Helidosa Aviation in 2023. The lawsuit seeks to hold the airline responsible for the crash, which they argue was the result of the company’s negligence in maintaining the aircraft.

In May 2024, Helidosa filed motions to dismiss the lawsuits, arguing that the company has no substantial ties to Florida, where the cases had been brought. The airline, based in the Dominican Republic, claimed it had not registered to do business in Florida, had never marketed services in the state, and did not pay taxes there.

Court's Ruling: Ties to Florida Are Sufficient

Despite the airline’s arguments, U.S. District Judge Gregory A. Presnell ruled that Florida courts had jurisdiction over the case due to Helidosa's frequent operations in the state. The judge pointed out that the company has substantial business dealings in Florida, including generating 30% of its revenue from the state, landing aircraft in Florida three times a day, and the fact that Hernandez himself had used the company’s charter flight services to and from Florida on multiple occasions.

Helidosa’s motion to dismiss on the grounds of "forum non conveniens," arguing that the case should be moved to the Dominican Republic, was also denied. The court found that the Montreal Convention, which governs international air travel incidents, did not bar the lawsuits from being filed in Florida.

Justice for the Family: A Long Road Ahead

Ricardo M. Martinez-Cid, attorney for the plaintiffs, expressed his satisfaction with the ruling, noting that the "forum non conveniens" argument is often misused by airline companies to avoid accountability. With the case now proceeding, he and his legal team are moving ahead with discovery to ensure justice for the victims and prevent future accidents.