A tragic UPS cargo plane crash occurred in Kentucky, with a lawyer filing two wrongful death lawsuits on Wednesday. The lawsuits contend that the corporate decisions made by UPS prioritized profits over safety, leading the company to operate older aircraft without implementing additional maintenance beyond standard requirements.
Last month, the fiery crash of an MD-11 jet transpired shortly after takeoff when the engine on the left wing detached. According to the National Transportation Safety Board's report, cracks were discovered where the engine attached to the wing, raising significant safety concerns about the aging MD-11 fleet used for cargo transport.
Robert Clifford, a lawyer with over 45 years of experience representing victims of aviation disasters, emphasized that the MD-11s, which average over 30 years of operational age, should no longer be flown. He criticized UPS for saving money by keeping these older planes in service without increasing the frequency of inspections. “The plane that crashed was old, tired and should have never been taken out of mothballs,” he stated, arguing that such practices endanger flight safety.
The crash resulted in the tragic deaths of three pilots and 11 individuals on the ground, including Angela Anderson, 45, and Trinadette “Trina” Chavez, 37. Both women lost their lives due to the fire ignited by the approximately 38,000 gallons of jet fuel onboard as the plane was en route to Hawaii.
In addition to UPS, the lawsuits target other parties involved in the incident. The Clifford Law Offices of Chicago and Sam Aguiar Injury Lawyers have also named General Electric, the engine manufacturer; Boeing, which acquired McDonnell Douglas, the original manufacturer of the plane; and VT San Antonio Aerospace, Inc., responsible for inspecting and maintaining the aircraft.
In statements, both UPS and GE expressed that safety is their top priority and that they are cooperating with federal investigations. They offered their condolences to the victims' families but refrained from commenting on pending litigation. Other involved companies have yet to respond to inquiries from the Associated Press.
Interestingly, the plane that crashed had just completed over six weeks of extensive maintenance work, concluding on October 18. This maintenance addressed substantial structural issues, such as cracks in the center wing fuel tank and corrosion on pivotal components. However, the lawsuit highlights that the engine mounts had not undergone a detailed inspection since 2021 and were not scheduled for another comprehensive check for another 7,000 takeoffs and landings.
Clifford recalled the parallels between this incident and the 1979 crash of an American Airlines DC-10, which similarly involved an engine detaching from the aircraft. In that incident, the cause was a forklift driver damaging the engine mounts, whereas, in this recent crash, age seems to be a significant factor influencing the structural failure.
Following the crash, federal investigators grounded all MD-11s operated by UPS, FedEx, and Western Global for thorough inspections and repairs. The Federal Aviation Administration has yet to outline the necessary requirements for these inspections. UPS announced they do not anticipate returning the MD-11s to service until after the holiday season.
Currently, there are 109 MD-11 airliners still in operation, with an average age of over 30 years, primarily used for cargo transport. These aircraft constitute about 9% of UPS’s fleet and 4% of FedEx’s. Experts suggest that should significant repairs or overhauls be mandated, package delivery companies may find replacing these aging aircraft a more viable option.
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Reported by Jeffrey Collins, The Associated Press
