LOUISVILLE, Ky. (WDRB) — The owner of a Louisville scrap yard devastated by November’s deadly UPS cargo plane crash filed a lawsuit against UPS, Boeing, General Electric and several other companies ahead of a major federal investigative hearing about the crash next week.
Sean Garber, owner of Grade A Auto Parts, said he waited months before filing suit because he hoped the companies involved would "do right" by the people affected by the crash.
"I’m glad that I am here to fight for those who aren’t here anymore," Garber said.
The McDonnell Douglas MD-11 cargo plane, built in 1991, went down around 5:15 p.m. after its left wing caught fire. The plane was fully loaded with fuel for the nine-hour flight to Honolulu from UPS Worldport at Louisville Muhammad Ali International Airport. Fifteen people, including three pilots, died in the crash.
The plane crashed directly on top of Garber's scrap yard's checkout area, killing three of Garber's employees and nine of his customers.
Garber said he spent months trying to resolve issues privately through attorneys, but said those discussions never brought closure.
"It’s just unfortunate it has to be a fight," he said.
Garber also criticized UPS’ response to businesses and families impacted by the crash.
"Not one business owner, not one person who was in that hell hole that day has said UPS has stepped up and helped me," Garber said. "Quite frankly, it’s been the opposite."
Debbie Self, owner of Stooges, a restaurant near the crash site, echoed that frustration.
"One thing’s for sure — UPS doesn’t care," Self said.
Garber's suit is one of 15 new lawsuits were filed May 7 in Jefferson Circuit Court on behalf of more than 100 people seeking damages after the crash.
Among the plaintiffs in the lawsuits are families of the 15 people who died, those who were injured from the path of the crash and nine local businesses that were destroyed.
In a written statement, UPS said its focus "continues to be on supporting those affected and working with the National Transportation Safety Board as the investigation continues."
"Simply none of that statement is true," Garber said.
The lawsuit comes just days before the National Transportation Safety Board begins a two-day investigative hearing in Washington, D.C., where witnesses will testify under oath as investigators continue working to determine what caused the crash.
Preliminary findings released by investigators determined the plane’s engine detached from the wing before the crash. The NTSB hearing is expected to provide new details about the crash, though the agency does not assign legal blame. Instead, investigators will use testimony and evidence to determine probable cause and issue safety recommendations.
Garber said he plans to attend the hearing.
"It reopens wounds and reopens the day of that tragedy, and that is heartbreaking for me," he said.
Still, he said he hopes both the lawsuit and the NTSB’s findings help prevent a similar tragedy from happening again.
"Our biggest hope is to bring closure to all the people that were impacted," Garber said.
The NTSB hearing is scheduled for May 19-20 at its boardroom in Washington, D.C. It will also be streamed live. The agency said it conducts investigative hearings "to assist in obtaining information necessary to determine the facts and circumstances of transportation accidents or incidents under investigation."
While the hearing is open to the public, only board members, investigators, witnesses and parties to the hearing are permitted to participate.
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