A deadly United Parcel Service cargo plane crash in Kentucky stemmed from the company choosing profits over safety, an attorney filing two wrongful-death lawsuits on Wednesday said, accusing the company of continuing to fly older planes without adding more maintenance than normally scheduled.
Federal officials said last month’s MD-11 jet fire occurred during takeoff when the left wing engine became detached and flew away. According to the National Transportation Safety Board report, cracks were found where the engine connects to the wing.
The cracks suggest that the now-grounded MD-11s, which have an average lifespan of more than 30 years, are too dangerous for package delivery companies to keep in the air, said attorney Robert Clifford, who has represented plane crash victims for more than 45 years.
Clifford said the crashed plane was “old and worn and should not have been taken out of the camphor.” Clifford added that saving money by keeping older planes flying without increasing the number of inspections “is putting profits over safety.”
United Parcel Service and General Electric, which built the plane’s engines and are also being sued, said in a statement that safety is a top priority as they assist the federal investigation and expressed their heartfelt condolences to the families of the victims. They said they would not comment on pending litigation.
The lawsuit, filed by Clifford Law Offices of Chicago and Sam Aguiar Injury Lawyers, names Boeing, which acquired the plane’s original manufacturer, McDonell Douglas, and VT San Antonio Aerospace, Inc., which inspects and maintains the plane, respectively. The companies did not immediately respond to email and phone messages seeking comment.
The accident killed 3 pilots and 11 ground personnel
Clifford and other attorneys filed a wrongful death lawsuit in state court on behalf of the families of Angela Anderson, 45, and Trinadette “Trina” Chavez, 37, who worked at Grade A Auto Parts. Angela Anderson was shopping at a store near the airport. Two people died on a plane bound for Hawaii when a fire started due to 38,000 gallons (144,00 liters) of jet fuel on board, attorneys wrote in court documents.
On November 4, a crash near Muhammad Ali International Airport killed three pilots and 11 others on the ground.
The legal battle over the accident may be just beginning. UPS is named as a defendant in a federal lawsuit filed last month alleging negligence and wanton conduct. The accident “was like a bomb,” and the plaintiff’s life and business were “turned upside down,” the lawsuit said.
The aircraft has just completed six weeks of extensive maintenance
The crashed aircraft underwent more than six weeks of extensive maintenance, which ended on October 18. Crews repaired significant structural problems, including cracks in the center wing fuel tank and corrosion of structural components. During the work performed by VT San Antonio, some parts involved in connecting the engine to the wing were also lubricated, the lawsuit states.
The engine mounts have not been inspected in detail since 2021. And the plane did not undergo another detailed inspection of the component during another 7,000 takeoffs and landings.
When Clifford saw the video of the Nov. 4 crash, his mind immediately went back to the 1979 American Airlines DC-10 crash that killed 273 people. The DC-10 is the predecessor of the MD-11.
The left engine also came off in the 1979 accident. But at that time, a forklift driver damaged the engine mount. In this year’s crash, it appears to be a function of age.
“When you extend the life of an aircraft, it can continue to be used. It saves money. It saves downtime. It saves maintenance and inspection costs, but the risk of fatigue fracture increases exponentially, and that’s what you get,” Clifford said.
Federal investigators ground all such planes
After the crash, federal investigators grounded all MD-11 aircraft used by UPS, FedEx and Western Global Corp. for inspection and repairs, but the Federal Aviation Administration has not said what steps need to be taken.
UPS announced last week that it does not expect MD-11 to return to the skies until at least after the holidays.
The remaining 109 MD-11 passenger aircraft, with an average age of more than 30 years, are used exclusively to transport cargo for package delivery companies. MD-11s account for approximately 9% of UPS Airlines’ fleet and 4% of FedEx’s fleet.
If extensive repairs or overhauls are needed, package delivery companies may find replacing them is a better option, experts say.
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Associated Press reporter Josh Funk in Omaha, Nebraska, contributed to this report.