A deadly UPS cargo plane crash in Kentucky stemmed from corporate choices that favored profits over safety, according to a lawyer who filed two wrongful death lawsuits Wednesday, which allege the company kept flying older aircraft without increasing maintenance beyond what’s regularly scheduled.
Federal officials said last month’s fiery crash of the MD-11 jet happened during takeoff after the engine on the left wing detached and flew off. Cracks were found where the engine connected to the wing, according to the National Transportation Safety Board 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, which made the plane’s engines and is also being sued, said in a statements that safety is a top priority as they assist the federal investigation, and extended their heartfelt sympathies to the families of those killed. They said they do not comment on pending lawsuits.
The suit by Clifford Law Offices of Chicago and Sam Aguiar Injury Lawyers are names Boeing, which acquired the original manufacturer of the plane McDonell Douglas, and VT San Antonio Aerospace, Inc., which inspected and maintained the plane. The two companies did not immediately respond to email and phone messages seeking comment.
The crash killed 3 pilots and 11 people on the ground
Clifford and other lawyers filed the wrongful death suits in state court on behalf of the families of Angela Anderson, 45, who was shopping at a business by the airport and Trinadette “Trina” Chavez, 37, who was working at Grade A Auto Parts. Both died in the fire caused by the 38,000 gallons (144,00 liters) of jet fuel on board the plane as it headed for Hawaii, the attorneys wrote in court papers.
The three pilots and 11 others on the ground were killed in the Nov. 4 crash near Muhammad Ali International Airport.
The legal battles stemming from the crash are likely just beginning. UPS was named as a defendant in a federal lawsuit filed last month accusing it of negligence and wanton conduct. The crash “acted like a bomb” and the plaintiffs had their lives and businesses “turned upside down” as a result, the suit said.
Plane had just finished six weeks of extensive maintenance
The plane that crashed underwent more than six weeks of extensive maintenance that ended on Oct. 18. Crews repaired significant structural issues, including a crack in the center wing fuel tank and corrosion on structural components. Some of the parts involved in attaching the engine to the wing were also lubricated during the work that VT San Antonio performed, according to the lawsuits.
The engine mount hadn’t undergone a detailed inspection since 2021. And the plane wasn’t due for another detailed inspection of that part for another 7,000 takeoffs and landings
When Clifford saw the video of the Nov. 4 crash, his mind immediately went back to the 1979 crash of an American Airlines DC-10 which killed 273 people. The DC-10 was the predecessor of the MD-11.
The left engine fell off in the 1979 crash too. But back then, a forklift driver damaged the engine mounts. In this year’s crash, it appears to be a function of 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-11s used by UPS, FedEx and Western Global after the crash for inspections and repairs, but the Federal Aviation Administration hasn’t said what will be required.
UPS announced last week it didn’t expect the MD-11s to be back in the sky until at least after the holiday season.
The 109 remaining MD-11 airliners, averaging more than 30 years old, are exclusively used to haul cargo for package delivery companies. MD-11s make up about 9% of the UPS airline fleet and 4% of FedEx’s fleet.
If massive repairs or overhauls are ordered, experts said package delivery companies may find replacing them the better option.
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Associated Press reporter Josh Funk in Omaha, Nebraska, contributed to this report.
