LOUISVILLE, Ky. (WDRB) -- Attorneys for families of two of the victims killed in the Nov. 4 UPS cargo plane crash at Louisville Muhammad Ali International have filed wrongful death lawsuits on their behalf.Â
UPS Flight 2979 was taking off from the airport in the late afternoon hours of Nov. 4 when an engine detached from a pylon on its left wing and caught fire. The plane was less than 100 feet in the air when it crashed in a fireball that engulfed nearby buildings and businesses.Â
The MD-11 aircraft was bound for Honolulu, and was loaded with approximately 38,000 gallons of jet fuel.
The lawsuits were filed on behalf of family members of Trina Chavez and Angela Anderson.
Chavez, 37, was a mother of two employed by Grade A Auto Parts.
"Trina was a sister, mother and friend to everyone, but she was also much more than that," Gabriela Hermosillo-Nunez said. "Trina really was the heartbeat of this family."
Hermosillo-Nunez said her sister was the "heart and soul" of her family from a young age. She helped raise her eight siblings when she "was a child herself."Â
"...changing our diapers, teaching us, protecting us and showering us with love,"Â Hermosillo-Nunez said.
Now, Hermosillo-Nunez has taken over raising her beloved sister's two small children.
"Today, we're blessed still to have daily reminders of her through her beautiful son and daughter,"Â Hermosillo-Nunez said.
Chavez wasn't the only young mother killed in this tragedy. Anderson, 45, was a frequent customer at Grade A Auto Parts.Â
The families hired Clifford Law Offices of Chicago, along with Louisville injury attorney Sam Aguiar. A news briefing was held at Aguiar's office Wednesday afternoon where attorneys explained why they believe negligence caused the crash that could have been prevented.
Specifically, the lawsuits name UPS, UPS AIR, and GE (the company that built the engine). Also named is Boeing, which bought McDonnell Douglas, the original manufacturer of the MD-11, and VT San Antonio Aerospace, Inc., the company responsible for inspections and maintenance before the crash.
During Wednesday's news conference, attorneys brought up similarities to a 1979 American Airlines crash at Chicago O'Hare involving another MD-11 aircraft. That plane also crashed during takeoff, killing all 271 people on board, and two others on the ground. An investigation found the left engine and pylon came off the plane and fell to the runway.Â
Two other crashes in 2009 involved MD-11 planes, including a fatal crash involving a FedEx MD-11 in Tokyo.Â
The lawsuits state that UPS "knew or should have known" the cargo plane was dangerous and unsafe. It also alleges that UPS allowed the plane to continue operating "despite its knowledge of alerts and/or defects with the aircraft, thereby creating a risk of harm to Plaintiffs' decedent and others."Â
Boeing is also accused of breaching its duties by allowing the plane to fly while knowing its equipment was damaged or unsafe.Â
"We're looking for answers and accountability," Bradley Cosgrove, a partner at Clifford Law Offices, said. "We're looking for answers as to why this happened."
Graveyard Engineering
Cosgrove said the similar crashes decades apart highlight a practice he called 'graveyard engineering,' when companies wait until after a disaster to fix known problems. He said Boeing, UPS and others need to "get ahead of tragedy, not doing what we call in this world 'graveyard engineering.' Trying to fix these problems after the fact does not in any way fix the harms and losses that happened to our clients, the harms and losses that happened to the 14 different deaths, and to the countless others that were injured and affected by the crash. We're here to make sure that they get the justice they deserve."Â
Damages
The lawsuit claims Chavez and Anderson both suffered "conscious pre-impact fright and terror, pain, suffering emotional distress and other injuries." The suit asks for all damages recoverable under Kentucky law, including loss of earning power, mental anguish, lost companionship, funeral and burial expenses as well as punitive damages.
UPS spokesperson Jim Mayer released the following written statement after to the lawsuits:Â
"We remain deeply saddened for those affected by Flight 2976. UPS is fully supporting the National Transportation Safety Board’s investigation into the accident and working tirelessly with federal, state and local authorities on response efforts. We do not comment on pending litigation."
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