A fatal UPS cargo plane crash in Kentucky originated from business decisions that prioritized earnings above security, as stated by an attorney who initiated two wrongful death claims on Wednesday, asserting the firm continued operating aged planes without enhancing upkeep beyond routine intervals.
TL;DR
- Attorney claims UPS prioritized earnings over safety by operating aged planes without enhanced upkeep.
- Cracks were found where the engine detached, indicating MD-11s over 30 years old are too dangerous.
- Wrongful death claims filed for victims killed in the crash ignited by jet fuel.
- Federal investigators grounded all similar MD-11 aircraft for examination and servicing.
Federal authorities stated that the fiery crash of the MD-11 aircraft last month occurred during its ascent, following the detachment and departure of the engine situated on the left wing. Cracks were found was observed where the engine had been attached to the wing, as per the findings in the National Transportation Safety Board's report.
The cracks show the now-grounded MD-11s, which average more than 30 years old, are too dangerous for package delivery companies to keep in the air, said Robert Clifford, a lawyer who has represented victims in plane crashes for more than 45 years.
The plane that crashed “was old, tired and should have been never taken out of mothballs,” Clifford said. Saving money by keeping older planes in the air and not increasing the number of inspections “is putting profits over safety,” Clifford added.
UPS and GE, responsible for the aircraft's engines and also facing legal action, stated that safety remains paramount as they cooperate with the federal inquiry, and offered their deepest condolences to the bereaved families. They indicated that they refrain from commenting on ongoing litigation.
The legal action initiated by Clifford Law Offices of Chicago and Sam Aguiar Injury Lawyers targets Boeing, the entity that took over the original aircraft maker, McDonell Douglas, along with VT San Antonio Aerospace, Inc., responsible for the aircraft's inspection and upkeep. Both corporations were unavailable for immediate comment via email and telephone inquiries.
The crash killed 3 pilots and 11 people on the ground
Clifford and fellow attorneys initiated wrongful death litigation in state court for the relatives of Angela Anderson, aged 45, who was patronizing a business near the airport, and Trinadette “Trina” Chavez, aged 37, an employee at Grade A Auto Parts. The legal representatives stated in court filings that both individuals perished in the blaze ignited by 38,000 gallons (144,00 liters) of jet fuel from the aircraft en route to Hawaii.
The three pilots and 11 others on the ground were killed in the Nov. 4 crash near Muhammad Ali International Airport.
The legal disputes arising from the collision are probably only in their initial stages. UPS was identified as a respondent in a federal litigation initiated last month, which alleged carelessness and reckless behavior on its part. The accident “acted like a bomb” and the complainants experienced disruptions to their personal lives and commercial operations “turned upside down” due to this event, according to the filing.
Plane had just finished six weeks of extensive maintenance
The aircraft that experienced the crash had over six weeks of thorough upkeep concluding on October 18th. Technicians addressed considerable structural problems, such as a fracture in the central wing's fuel reservoir and deterioration on load-bearing elements. Additionally, certain components used to connect the engine to the wing were greased as part of the service carried out by VT San Antonio, as indicated in the legal filings.
The engine mount had not been thoroughly examined since 2021. Furthermore, the aircraft was not scheduled for another comprehensive check of that component for an additional 7,000 takeoffs and landings.
Upon viewing the footage of the crash that occurred on November 4th, Clifford's thoughts instantly returned to the 1979 incident involving an American Airlines DC-10, which resulted in the deaths of 273 individuals. The DC-10 model served as the precursor to the MD-11.
The left engine detached during the 1979 accident as well. However, at that time, a forklift operator caused damage to the engine mounts. In this year's incident, it seems to be a consequence of its age.
“When you extend the life of the plane, it keeps it in service. It saves money. It saves downtime. It saves maintenance and inspection costs but there is an exponential increase in the risk of fatigue fractures and that’s what you got here,” Clifford said.
Federal investigators ground all similar planes
Federal investigators grounded all MD-11 aircraft operated by UPS, FedEx and Western Global following the incident for examination and servicing, though the Federal Aviation Administration has not indicated what will be mandated.
Last week, UPS indicated that they didn't anticipate the MD-11s returning to service until sometime after the festive period.
The 109 MD-11 aircraft still in service, with an average age exceeding 30 years, are solely employed for transporting goods by parcel delivery firms. MD-11s constitute approximately 9% of UPS's aviation division and 4% of FedEx's aviation division.
According to specialists, if extensive repairs or significant renovations are mandated, shipping firms might discover replacing them to be the more advantageous choice.
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Associated Press reporter Josh Funk in Omaha, Nebraska, contributed to this report.
