Family Seeks Up to $200k for Emotional and Physical Injury

A family on board the Delta Airlines B737 that was struck by a taxiing Japan Airlines B787 in February has filed a lawsuit for physical and emotional injury. They seek damages of over $75,000.

The collision occurred at Seattle-Tacoma International Airport (SEA) on February 5. A Delta Airlines Boeing 737 carrying 142 passengers was parked at its gate, preparing to take off for Puerto Vallarta International Airport (PVR). At the same time, a Japan Airlines 787-9 was taxiing inbound after arriving from Tokyo-Narita International Airport (NRT).

At around 10:17 am, the wing of the Japan Airlines plane slammed into the parked 737’s tail fin. The Delta aircraft jolted forward and twisted to the right while attached to the 787.

The suit, filed by the Herrmann Law Group, claimed that a couple with two young children were injured in the fender bender. The mother was holding one of her daughters and assisting the other when their plane was hit.

“Considering that the JAL aircraft, fully loaded with passengers, luggage, other cargo, and remaining fuel had to weigh in excess of 150 tons, coupled with the fact that it struck the Delta aircraft sideways producing a twisting impact on the passengers, it is no wonder that many of the passengers suffered serious spinal sprains and strains,” the complaint read.

The filing noted that collision-related injuries tend to worsen over time, giving the family lingering pain throughout their vacation. And, “given the recent spate of horrible air crashes, their experience was emotionally terrifying as well.”

Since the flight was headed to Mexico, the collision falls under the jurisdiction of the Montreal Convention of 1999. This entitles each passenger to up to $200,000 without proof of fault. To go beyond this limit, Delta must prove that it was not responsible or that either Japan Airlines or some other party was entirely to blame.

“The issue of safety failure is the same whether passengers’ injuries are fatal or non-fatal,” Hermann added. “The recent surge in incidents and close calls is extremely troubling. It shouldn’t feel like this every time someone gets on a plane.”

FMI: www.delta.com, www.jal.co.jp/ar/en