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.
