Passenger sues for damages after receiving ‘serious and permanent’ injuries from the accident.
Investigators examine the wreckage of Delta flight 4819. (Photo: TSB of Canada)
A Delta passenger has filed one of the first lawsuits against the carrier following a flight that crash-landed at Toronto Pearson International Airport on Monday.
Marty Lourens of Austin, Texas, was one of 76 passengers aboard Delta flight 4819 from Minneapolis to Toronto when the plane caught fire, lost a wing, and flipped over during landing.
On Friday, Austin law firm DJC Law filed an amended complaint against Delta and Endeavor on behalf of Lourens in the U.S. District Court for the Northern District of Georgia. The complaint alleges that the airlines were negligent and “breached their duty of care” for Lourens as a passenger by failing to reasonably operate the aircraft.
A copy of the amended complaint, emailed to AirlineGeeks, stated that Lourens was “violently tossed about and ended up upside down hanging from his seatbelt inside a burning plane with aviation fuel leaking onto him.”
“During the aforesaid crash and emergency evacuation, Plaintiff Mr. Lourens was seriously and permanently injured,” the claim stated.
The complaint further alleges that employees “offered inadequate assistance and instructions or directions” to Lourens while he was stuck.
A dollar amount was not specified for the damages sought by the plaintiff. Lourens’ attorney, Andres Pereira, told AirlineGeeks via email that the CRJ-900 was held for maintenance in Minneapolis before takeoff the day of the incident, though no further explanation has been given for why.
According to FlightAware data, the flight was delayed for an hour before eventually departing for Toronto. A Delta spokesperson declined to comment on the maintenance delay.
“We are committed to providing support and legal counsel to the victims of this incident, ensuring that their rights are upheld during this process,” Pereira said in a news release published by DJC Law. “We understand the trauma these passengers have experienced, and we will advocate for them as this investigation unfolds.”
All 80 people aboard the plane survived, though 21 passengers were taken to the hospital where they were eventually discharged on Thursday.
Delta has offered the passengers $30,000 each in a “no strings attached” gesture that would not impact their legal rights.
The carrier has also disputed “disinformation” regarding the qualifications of the unnamed Endeavor Air pilots on flight 4819, attesting to the experience of both the pilot and first officer involved.
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