The families of victims in the deadly Nov. 4 UPS cargo plane crash in Louisville, Kentucky, filed the first wrongful death lawsuits related to the case Wednesday, with attorneys alleging the plane should have never been in the air.
The MD-11 aircraft was on its way to Honolulu, Hawaii, carrying about 38,000 gallons of jet fuel when it crashed into an industrial park near Louisville Muhammad Ali International Airport.
Officials confirmed 14 people were killed, and 23 others were injured when the plane’s engine fell off and burst into flames shortly after takeoff.
“When I heard that an engine had detached, I immediately thought of the 1979 crash in Chicago of an American Airlines jet, where a left engine also detached shortly after takeoff, killing 273 persons,” said Robert Clifford, senior partner of Clifford Law Offices. “I worked on those very sad cases for years, and we got answers for families who deserved justice.”
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According to Clifford, early expert analysis suggests the MD-11’s catastrophic engine-pylon separation may reflect broader industry practices that extend component lifespans and stretch inspection intervals, which can put profits before safety.
“The recent NTSB report reveals an extreme similarity [to] the crash in Chicago,” he added. “What is new about this case is the age of the aircraft suggests that this plane was old, tired and well beyond its useful life, certainly triggering questions about profit over safety. The aviation industry needs to learn not to repeat its mistakes. Families who lost loved ones in this crash deserve the truth and full accountability.”
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The MD-11 lawsuits allege negligence on behalf of UPS; UPSAir; Boeing, the engine manufacturer which acquired McDonnell Douglas, the original maker of the MD-11; and VT San Antonio Aerospace, Inc., the company responsible for certain inspections and maintenance less than three weeks before the crash.
“When an engine detaches from a large cargo jet during takeoff, and the aircraft bursts into a fireball visible for miles, an entire community is affected,” said Bradley Cosgrove of Clifford Law Offices. “Innocent lives are lost, leaving deep holes in families. Impacted survivors are left with injuries and lifelong scars, with their normal lives shattered by an explosion that many people compare to a bomb going off next door. This tragedy is an unacceptable event that indicates a catastrophic failure across numerous safety systems.”
The families of victims Trinadette “Trina” Chavez, 37, and Angela Anderson, 45, spoke at a news conference Wednesday, sharing memories of their loved ones and discussing their search for justice.
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Chavez, a mother of two, was working at nearby business Grade A Auto Parts at the time of the crash.
“Nena really was the heartbeat of this family,” said Chavez’s sister, Gabriela Hermosillo-Nunez. “Nena sacrificed everything for us when we were growing up, while others her age were living their childhoods. Nena, who was a child herself, was feeding us, changing our diapers, teaching us, protecting us and showering us with love.”
Hermosillo-Nunez added that because her sister “sacrificed everything,” she was able to graduate from college, see the world and secure jobs she loves.
“Today we’re blessed to have daily reminders of her through her beautiful son and daughter,” she said. “They are amazing, and we cherish every minute with them. We want to make them proud and do for her children what Nena always did for us — care for them and protect them. That’s why we’re prepared to do what’s necessary, with the support of our attorneys, to make sure that there is accountability and that Nena’s children are taken care of. … We intend to stand up for Nena and fight for her however long it takes, just like Nena always did for us.”
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Anderson’s daughter, who wrote a statement that was read by attorneys, described her mother as someone “loved by many.”
“I just wish I could see her, hug her and tell her I was proud of everything she was working to accomplish,” her daughter wrote. “I hope she’s looking down now, knowing that she was loved by many and that we’re working to do what it takes to preserve her legacy and reduce the chances that other families and friends and loved ones ever have to go through something like this.”
Attorneys said the lawsuits were filed to seek answers, push reform that leads to prevention and achieve justice for the victims’ families.
“We believe that the failures that led to this crash were failures that could have been prevented, that should have been prevented, and this plane should never have been airworthy,” they said. “This crash was preventable, and we hope to find all of the reasons why it was preventable.”
Two days after the tragedy, UPS grounded its entire MD-11 fleet, which accounts for about 9% of its fleet.
An FAA emergency airworthiness directive issued the following day grounded all MD-11/MD-11F aircraft until inspections were completed.
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