source: LA Times Sep 23, 2011
The family of Mark Bavis, one of two Kings scouts killed when United Flight 175 was hijacked and crashed into the World Trade Center on Sept. 11, 2001, issued a statement Wednesday on its decision to accept a settlement and agree to end its lawsuit against United and the airline’s security contractor.
Bavis, 31, was traveling to Los Angeles with fellow scout Ace Bailey to attend the Kings’ training camp when the planes were hijacked during the day’s terrorist attacks.
Mike Bavis, Mark’s twin, had been adamant about pursuing the suit and it was the last remaining 9/11 wrongful death suit. His public letter explains why the family changed course.
“After ten long years, our family has had a change in position regarding the litigation on behalf of our son and brother, Mark. Mark was a passenger aboard United Airlines Flight 175 when it crashed into the World Trade Center. This change is the result of a recent ruling by the Honorable Judge Alvin Hellerstein. With the stroke of his pen, Judge Hellerstein very cleverly changed this lawsuit.
“Due to our family’s refusal to settle before this time, our attorneys at Motley Rice LLC have been able to conduct the most comprehensive investigation to date regarding how the airlines and airport security companies failed so miserably on 9/11 and in the days, weeks and months leading up to 9/11. Motley Rice’s attorneys have recovered ten times more information than the 9/11 Commission in regards to the failure of the aviation industry.
“Why? Because we, and other 9/11 families, wanted answers. We want that information to be available to whoever cares to read it. It is important to us that some change comes out of the information held in those briefs. The system is clearly broken when an industry like aviation has enough power to keep a federal agency such as the FAA from implementing more stringent security measures, especially during a heightened terrorism threat level. The tail is wagging the dog, and someone in Washington needs to stand up and start holding people accountable.
“It is not out of the question that our country could endure a similar event in the future. Such a tragedy, however, should never again be the result of lack of oversight or preparation or because lobbyists have so much influence and power in Washington, D.C., that American lives are at risk. Our government’s job is to protect the people — from foreign armies, terrorists and even our own American corporations. It is time that our elected officials take responsibility for the authority we have given them.
“All of the events of September 11, 2001, are open to opinion and discussion, but we believe the easiest way to have prevented the kind of horror and tragedy of 9/11 would have been to have an airline industry that made a reasonable effort to provide security for its passengers. The evidence shows that they most certainly did not.
“Lastly, we are thankful to have had a law firm like Motley Rice that was willing to stand by us and fight for the truth. Without them, we would have never learned so much about why this happened. In particular, we want to thank Don Migliori, Mary Schiavo and their entire team.”