Families of UPS plane crash victims to sue UPS and Boeing

Relatives of those who perished in the UPS plane crash on November 4 are preparing legal action targeting UPS, Boeing, GE, and additional parties. The crash occurred shortly after takeoff from Louisville's Muhammad Ali International Airport, claiming 14 lives, including three crew members.

Louisville attorney Sam Aguiar has joined forces with Chicago-based Clifford Law Offices. Founding partner Robert A. Clifford, who previously advised the September 11th Victim Compensation Fund, has decades of experience representing families of plane crash victims.

The law firms announced that two lawsuits will be filed on December 3 on behalf of families affected by the MD-11 cargo jet crash, which struck an industrial park near the airport. Among the plaintiffs are the families of Angela Anderson, a 45-year-old mother of four, and Trinadette "Trina" Chavez, a 37-year-old mother of two, both of whom were at the crash site for work-related reasons.

The wrongful death suits will accuse UPS and UPS Airlines of negligence, along with GE, the engine manufacturer, and Boeing, which had acquired McDonnell Douglas, the original maker of the MD-11. The lawsuits will also name AT San Antonio Aerospace Inc., responsible for specific inspections and maintenance before the crash.

UPS spokesperson Michelle Polk expressed sorrow over the tragedy and affirmed the company's full cooperation with the National Transportation Safety Board's investigation, while refraining from commenting on the pending litigation.

Attorney Bradley M. Cosgrove of Clifford Law stated, "When a major cargo jet engine separates during takeoff, creating a massive fireball, the repercussions extend through the entire community. Families are left grieving, survivors endure injuries and lifelong trauma, and normal lives are disrupted." He described the crash as indicative of a severe failure across multiple safety systems.

The NTSB's preliminary report, released on November 20, confirmed that the planes left engine detached and ignited. Investigators found "fatigue cracks" on the left pylon aft mount lug, which attaches the engine to the wing. Parts of the detached engine were located on an adjacent runway. Clifford commented that the metal fatigue should have been detected through proper inspections and safety procedures.

Clifford compared the crash to the 1979 DC-10 accident in Chicago that killed 271 people, highlighting the MD-11s age and suggesting that safety may have been compromised for financial reasons.

Following the crash, Boeing advised all MD-11 operators to ground their fleets. UPS temporarily suspended MD-11 operations, representing around 9% of its fleet. The FAA subsequently issued emergency airworthiness directives grounding the MD-11 and nine other similar aircraft models, including MD-10 and DC-10 planes, citing the same unsafe condition.

UPS stated that the MD-11 fleet would remain grounded for several months due to extensive inspections and potential repairs, as confirmed by an internal letter from UPS Airlines President Bill Moore. This timeline was longer than initially anticipated.

Clifford emphasized the need for accountability and industry-wide learning from these failures, insisting that families deserve full transparency regarding the crash.

A separate federal class action lawsuit was also filed by Morgan & Morgan, representing those within a five-mile radius of the airport affected by injuries, property damage, or emotional and economic losses resulting from the crash.

Author: Caleb Jennings