Families of those killed in the UPS plane crash are planning to file a lawsuit against UPS, Boeing, GE and others.
The crash on Nov. 4 from Louisville's Muhammad Ali International Airport resulted in 14 deaths, including three crew members.
Local attorney Sam Aguiar is teaming up with Chicago-based law firm Clifford Law Offices. Founding partner Robert A. Cliffordhelped advise the September 11th Victim Compensation Fund(VCF). Clifford has represented plane crash victims' families for more than four decades.
In a press release, the firms said they will file two lawsuits Dec. 3 on behalf of families who lost loved ones when the MD-11 plane crashed into a nearby industrial park shortly after takeoff.
The plaintiffs will include the families of Angela Anderson, a 45-year-old motherwho was dropping off scrap at Grade A Auto Parts and Recycling, and Trinadette "Trina" Chavez, a 37-year-old mother of two employed at Grade A.
Anderson was a mother of four, three daughters and a son. She remodeled houses. She would have turned 46 on Nov. 23.
Chavez was an employee of Grade A, but at a request from Chavez's family, the company's CEO Sean Garber declined to share details. Garber did confirm she was one of the unaccounted-for employees who had been identified,as previously reported by The Courier Journal.
The wrongful death lawsuits will allege negligence against UPS and UPS AIR, as well as GE, the engine manufacturer, and Boeing, which acquired McDonnell Douglas, the original manufacturer of the MD-11. It will also name AT San Antonio Aerospace Inc., "the company responsible for certain inspections and maintenance before the crash," according to the attorneys.
UPS spokesperson Michelle Polk said those at the company "remain deeply saddened for those affected by Flight 2976."
"UPS is fully supporting the National Transportation Safety Board's investigation into the accident and working tirelessly with federal, state and local authorities on response efforts," Polk said. "We do not comment on pending litigation."
Others identified in the suit did not respond to an immediate request for comment.
"When an engine detaches from a large cargo jet during takeoff, and the aircraft bursts into a fireball visible for miles, an entire community is affected," attorney and Clifford Law partner Bradley M. Cosgrove said in a statement. "Innocent lives are lost, leaving deep holes in families. Impacted survivors are left with injuries and lifelong scars, with their normal lives shattered by an explosion that many people compared to a bomb going off next door. This tragedy is an unacceptable event that indicates a catastrophic failure across numerous safety systems."
The National Transportation Safety Board released its preliminary report on the crash Nov. 20. The NTSB's investigation found the left engine detached from the plane and caught fire. The report also said the investigation found evidence of "fatigue cracks" on the left pylon aft mount lug fractures.
The engines are attached to the plane by pylons. The pylons attach to the wing's underside, providing a mounting point for the engines.
Parts of the left engine were found on an adjacent runway, The Courier Journal previously reported.
"After initial cleaning of the fracture surfaces, examination of the left pylon aft mount lug fractures found evidence of fatigue cracks in addition to areas of overstress failure," the investigation found.
Clifford released a statement after the preliminary report was made public.
"Metal fatigue can happen over time and should be detected upon proper safety investigations and inspections," Clifford's statement went on to say. "The failure to properly detect the fatigue fractures could easily be the reason why there was an ultimate failure of the pylon used to attach the engine to the wing."
In a Dec. 2 press release, Clifford harkened the Louisville crash to one that happened in Chicago 46 years ago. He represented those families too.
"The report reveals an extreme similarity between the crash in Louisville and the May 1979 DC-10 crash of American Airlines Flight 191 in Chicago, killing 271 aboard," Clifford said in the statement. "What is new about this case is the age of the aircraft suggests that this plane was old, tired, and well beyond its useful life … certainly triggering questions about profit over safety."
Boeing recommended on Nov. 7 all operators of the MD-11 — including FedEx and Western Global — ground the aircrafts. UPS temporarily grounded its MD-11 fleet, which makes up about 9% of UPS Airlines' fleet, according to the company.
Then, the Federal Aviation Administration issued an Emergency Airworthiness Directive on Nov. 8 prohibiting further flight of the MD-11.
On Nov. 14, the FAAissued another Emergency Airworthiness Directive, adding nine other models of similar planes to the grounding, including models of similar design, like the MD-10 and the DC-10. The FAA's directive stated the planes "are subject to the same unsafe condition" as the MD-11.
"Before the FAA issued its Emergency Airworthiness Directive for all MD-11 operators, UPS proactively grounded its MD-11 fleet out of an abundance of caution," UPS said in aNov. 20 statement."We appreciate the National Transportation Safety Board's prompt release of preliminary findings and will fully support the investigation through its conclusion."
UPS officials believe it will be several months before MD-11s return to the skies,according to an internal letter obtained by The Courier Journaland later confirmed by a UPS spokesperson.
The letter, issued to employees by UPS Airlines President Bill Moore the week of Nov. 24, said the company's MD-11 fleet will require inspections and potential repairs that are more extensive than originally believed.
The planes are expected to remain grounded for "several months instead of weeks as originally anticipated," Moore said in the letter.
Since 2001, the FAA has issued 15 Emergency Airworthiness Directives, prohibiting aircrafts from future flights, according to a Courier Journal analysis of theFAA Emergency Airworthiness Directives database.
Approximately 82 MD-11s were in operation worldwide, with 70 throughout the nation, according to the attorneys.
"The aviation industry needs to learn not to repeat its mistakes," Clifford said in the press release. "Families who lost loved ones in this crash deserve the truth and full accountability."
A separate federal class action lawsuit was filed in the immediate aftermath of the crash by Morgan & Morgan. It seeks to represent anyone within five miles of the airport who was injured, lost property or suffered emotional or business losses because of the crash,The Courier Journal previously reported.
Killian Baarlaer,Monroe Trombly, Connor Giffin, Olivia Evans and Matthew Glowicki contributed to this report.
Stephanie Kuzydym is an enterprise and investigative sports reporter. Reach her atskuzydym@courier-journal.comor on social at@stephkuzy.
This article originally appeared on Louisville Courier Journal:UPS plane crash families to file suit against UPS, Boeing, GE
