Delta Air Lines (DL, Atlanta Hartsfield Jackson) has agreed to pay USD78.7 million to resolve a class action lawsuit over a flight that dumped fuel dousing about 38,000 properties in Los Angeles and Orange counties in California early in 2020.
Reuters reported that a proposed preliminary settlement had been filed in a Los Angeles federal court. It still requires a judge’s approval.
The incident took place on January 14, 2020, when Delta Flight 89 from Los Angeles International to Shanghai Pudong lost thrust soon after takeoff. The pilots then jettisoned about 15,000 pounds (6,800 kilograms) of jet fuel from the Boeing B777 operating the service before returning to Los Angeles.
The plaintiffs argued that the pilots unnecessarily dumped fuel at a low altitude over densely populated areas, instead of doing it over the Pacific Ocean or at a high altitude, allowing it to dissipate, or burning fuel by flying in a holding pattern. About a dozen people on the ground were treated for minor injuries.
Delta reportedly settled in order to avoid the uncertainty and distraction of a court case as well as the cost of litigation. But it denied any wrongdoing, standing by the actions of its pilots, who had to consider the risk of losing a second engine while loaded with enough fuel for a flight to Shanghai, exceeding the maximum landing weight. They “did exactly what federal regulations and their FAA-approved training required them to do to respond to that in-flight emergency and ensure the safety of the passengers, crew, and people on the ground," the company told ch-aviation.
The net settlement to be distributed to owners and residents may total about USD50.6 million after legal fees and costs.
