A passenger on the American Airlines flight that caught fire last month after diverting to Denver International Airport has filed a lawsuit against the airline.
Jerry Adamson, who was among the more than 170 passengers and six crew members who were forced to evacuate the Boeing 737-800 aircraft after it caught fire on March 13 following departure from Colorado Springs, filed the lawsuit in Denver District Court for negligence and misconduct, according to court documents.
“As a direct and proximate result of the negligent conduct of Defendants, Mr. Adamson has suffered, and will continue to suffer, injuries, damages and losses, including but not limited to past and future medical expenses, pain and suffering, mental anguish and emotional distress,” the lawsuit reads.
The plane took off from the Colorado Springs Airport at 4:52 p.m. on March 13 and was headed toward the Dallas Fort Worth International Airport before it was diverted to Denver after about 20 minutes in the sky. The lawsuit says the plane was flying “atypically slow for a Boeing 787-900.”
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The airline and its staff failed to use reasonable care in the maintenance and operation of the aircraft, the lawsuit alleges.
The lawsuit claims the flight crew failed to properly follow emergency checklists and standard operating procedures, request timely emergency assistance, orderly evacuate the aircraft and move passengers away from the engine as it was burning.
It also argues that the plane should have returned to Colorado Springs rather than be diverted to Denver.
The airline is also accused of breaching its duty of reasonable care by failing to properly train and retrain its employees, agents and representatives, which the lawsuit says constitutes negligence.
The lawsuit further alleges that the airline was negligent in the hiring and supervision of its employees, agents and representatives, that it failed to monitor its employees and ensure they were properly operating and maintaining the aircraft pursuant to manufacturer checklists, maintenance manuals, operational manuals, handbooks and Federal Aviation Administration requirements and procedures.
The flight crew, the lawsuit claims, chose to operate an aircraft with known engine problems and chose to taxi with an improperly functioning engine rather than request airport assistance. It also says the flight crew was either reckless or intended to inflict emotional distress on passengers through “gross, extreme and outrageous conduct.”
The lawsuit says the flight crew told air traffic controllers at the Denver airport that they were not declaring an emergency and rejected offers for assistance upon arrival. After the plane landed, it taxied for about eight minutes before the right engine caught fire, at which point the first “Mayday” call was made.
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As passengers were evacuating the plane, Adamson “inhaled copious amounts of smoke and fire retardant” before he was transported to a hospital, the lawsuit says.
Adamson was among the 12 people who were transported to and treated at the University of Colorado Hospital. They have all since been released, according to The Denver Post.
