The first wrongful death lawsuits have been filed in Kentucky state court following the November 4 crash of a UPS MD-11F in Louisville.
The suits were filed on Wednesday by Clifford Law Offices of Chicago and attorney Sam Aguiar of Louisville on behalf of the families of Angela Anderson, a customer at a local business, and Trinadette Chavez, an employee at one of the businesses destroyed in the crash.
The lawsuits allege negligence and name multiple defendants, including UPS, engine manufacturer General Electric, Boeing (which acquired the aircraft’s original manufacturer, McDonnell Douglas), and VT San Antonio Aerospace Inc., a maintenance provider in Texas.
UPS Flight 2976, an MD-11 cargo jet bound for Honolulu, crashed shortly after takeoff from Louisville Muhammad Ali International Airport (KSDF) around 5:15 p.m. CST. Videos captured the aircraft’s left engine on fire before it detached during takeoff.
The plane crashed into a nearby industrial park, causing a massive explosion and fire that destroyed an auto yard and a petroleum recycling facility. Fourteen people were killed, including the three pilots, and at least 23 others were injured.
“This tragedy is an unacceptable event that indicates a catastrophic failure across numerous safety systems,” said Bradley Cosgrove, a partner at Clifford Law Offices, in a news release from the law firm.
Aguiar added that the lawsuit seeks answers for the families.
The National Transportation Safety Board (NTSB) is leading the investigation on the incident and recovered the jet’s black boxes.
A preliminary report on November 20 noted early findings of fatigue fractures in bolts and locking devices on the 34-year-old aircraft. The NTSB also revealed that the cockpit voice recorder (CVR) captured a repeating bell 37 seconds into the takeoff roll, which continued for 25 seconds until the recording ended. During that time, the crew was engaged in efforts to control the aircraft.
Veteran aviation attorney Robert Clifford of Clifford Law Offices compared the incident to the 1979 incident involving American Airlines Flight 191 in Chicago, where a detached engine also led to a fatal crash.
Clifford suggested the age of the aircraft raises questions about “profit over safety.” Following the crash, the FAA grounded all MD-11 aircraft pending investigation.
