Legal Action Begins After Deadly UPS MD-11 Freighter Crash

Image Credits AP Photo/Jon Cherry | Fireball erupting after the crash of UPS Airlines Flight 2976 in Louisville, Kentucky

The families of several victims killed in last month’s UPS Airlines MD-11 freighter crash are preparing to file wrongful death lawsuits against multiple companies. Reports indicate that the suit accuses UPS of negligence and also lists GE Aerospace, maker of the aircraft’s engines, and Boeing, which inherited responsibility for the MD-11 after acquiring McDonnell Douglas.

The November crash resulted in 14 deaths: the three-person UPS crew and 11 people on the ground. The aircraft went down after its left engine separated from the airframe during takeoff, causing the freighter to fall into an industrial area and explode. According to the National Transportation Safety Board’s preliminary findings, investigators discovered signs of fatigue cracking on the plane.

Reuters reported that the first wrongful death lawsuits will be filed Wednesday on behalf of two victims. The families are being represented by Clifford Law Offices of Chicago and Louisville attorney Sam Aguiar. The cases involve Angela Anderson, a 45-year-old customer at a business struck by the aircraft, and Trina Chavez, a 37-year-old employee at Grade A Auto Parts.

The legal filing accuses UPS and UPS Air of negligence and additionally targets GE as the engine supplier, Boeing as the successor manufacturer, and VT San Antonio Aerospace, which handled inspections and maintenance before the accident. Clifford Law Offices argued that the MD-11 involved was “old” and “well beyond its useful life.” Attorney Bradley Cosgrove stated that an event where an engine detaches during takeoff and the aircraft erupts into flames devastates an entire community, leaving families and survivors with immense loss and trauma.

This is not the first legal action related to the crash. Two days after the accident, a class action lawsuit was filed against UPS, Boeing, and GE, outlining the severe physical, emotional, and financial effects on local residents and businesses. The suit referenced toxic smoke exposure and widespread property damage. Morgan & Morgan, which leads the case, pointed to previous issues involving the MD-11 and GE’s CF6 engines, such as the 2009 FedEx MD-11 crash in Tokyo and several other CF6 safety incidents. The filing also noted that the MD-11 has one of the poorest safety records among commercial jets, with 11 hull-loss incidents (over 5% of all aircraft produced during its 12-year manufacturing run).

In response to the November crash, the Federal Aviation Administration issued an emergency directive grounding all remaining MD-11s. The grounding is expected to extend well into next year, and some believe the aircraft may never return to regular service if its issues are deemed too difficult or costly to address.

Before the grounding, about 60 MD-11 freighters remained active, all operated by three U.S. cargo carriers: FedEx Express, UPS Airlines, and Western Global Airlines. The aircraft first flew in 1990 and entered service with Finnair the same year. As the largest trijet ever built, the MD-11 has distinctive handling characteristics that have required additional pilot training across its entire operational life.