UPS put profits over safety before plane crash that killed 14, lawyer alleges

A deadly UPS cargo plane crash in Kentucky stemmed from from corporate choices that favored profits over safety, according to a lawyer who filed two wrongful death lawsuits Wednesday, which allege the company kept flying older aircraft without increasing maintenance beyond what’s regularly scheduled.

Last month’s fiery crash happened during takeoff after the plane’s left engine detached, and cracks were later found where the engine connected to the wing, the National Transportation Safety Board said. The lawsuit also names General Electric, which made the plane’s engine. Both UPS and GE said they don’t comment on pending lawsuits and that safety is a top priority as they assist the federal investigation.

Robert Clifford, a lawyer representing two of the victims killed on the ground, said those cracks show the MD-11 jets, which average more than 30 years old, are too dangerous for package delivery companies to keep in the air. The Federal Aviation Administration has grounded all MD-11s, which have been exclusively hauling cargo for more than a decade.

Three pilots and 11 people on the ground were killed on Nov. 4 when the plane, fully loaded with fuel for a flight to Hawaii, plowed into businesses just outside the airport in Louisville, where UPS has its largest package delivery hub.

Clifford said UPS was saving money and aircraft downtime by keeping “old, tired” planes in the air while not increasing the number of inspections. Fellow attorney Bradley Cosgrove said at a news conference that they believe inspections should have found the cracks cited by federal investigators, adding, “This plane should have never been in the air.”

The lawsuits filed in state court are on behalf of the families of Angela Anderson, 45, who was shopping at a business by the airport, and Trinadette “Trina” Chavez, 37, who was working at Grade A Auto Parts.

“We intend to stand up for ‘Nena’ and fight for her, no matter how long it takes, just like Nena always did for us,” said Chavez’s sister, Gabriela Hermosillo-Nunez, calling her by another nickname that her eight younger brothers and sisters used.

The suit also names Boeing, which acquired the original manufacturer of the plane McDonell Douglas, and VT San Antonio Aerospace, Inc., which inspected and maintained the plane. The two companies did not immediately respond to email and phone messages seeking comment.

The jet that crashed had just finished more than six weeks of extensive maintenance, completed Oct. 18, in which VT San Antonio Aerospace crews repaired significant structural issues, according to the lawsuits. Those included repairing a crack in the center wing fuel tank, addressing corrosion on structural components, and lubricating parts involved in attaching the engine to the wing.

The engine mount hadn’t undergone a detailed inspection since 2021, and the plane wasn’t due for another detailed inspection of that part for another 7,000 takeoffs and landings.

After the crash, federal investigators grounded all 109 of the remaining MD-11s used by UPS, FedEx and Western Global for inspections and repairs, but the FAA hasn’t said what will be required.

The aircraft make up about 9% of the UPS airline fleet and 4% of FedEx’s fleet. If massive repairs or overhauls are ordered, experts said package delivery companies may find replacing them the better option. UPS announced last week it didn’t expect the MD-11s to be back in the sky until at least after the holiday season.

The legal battles stemming from the crash are likely just beginning. UPS was named as a defendant in a federal lawsuit filed last month accusing it of negligence and wanton conduct. The crash “acted like a bomb” and the plaintiffs had their lives and businesses “turned upside down” as a result, the suit said.