Two Passengers Seek Damages In Connection With The Incident

Two passengers who were aboard a US Airways flight departing from Philadelphia, PA to Fort Lauderdale, FL on March 13, 2014 have filed a lawsuit against that airline and and American Airlines, which acquired US Airways last year.

The NTSB's preliminary report on the incident indicates that on March 13, 2014, at about 1830 eastern daylight time (EDT), US Airways flight 1702, an Airbus A320, N113UW, experienced a nose gear collapse and other damage after aborting the takeoff on runway 27L at Philadelphia International Airport (KPHL), Philadelphia, Pennsylvania. The airplane came to rest on the edge of the runway, and the passengers exited the aircraft via the emergency slides. There were no injuries to the passengers and crew members and the airplane was substantially damaged. The flight was operating under 14 Code of Federal Regulations Part 121 as a regularly scheduled passenger flight between KPHL and Hollywood International Airport, Fort Lauderdale, Florida.

But Courthouse News reports that according to the complaint filed in the Philadelphia Court of Common Pleas, the plaintiffs accuse the flight crew of aborting the takeoff after the airplane was airborne, rather than conducting a high-speed takeoff rejection, causing the airplane to "bounce several times" before coming to rest in a field near the airport. The suit alleges that the first officer of the aircraft entered incorrect data into the airplane's flight director, and because of that, the data did not load. The suit further alleges that the captain asked "What did you do? You didn't load. We lost everything."

At that point, Captain John Davis Powell, Jr. told first officer Lynda Walker Fleming "We'll get that straight when we get airborne."

Plaintiff Lisette Vazquez Berthiaume claims that it required two back surgeries to treat her injuries, and plaintiff Nancy Alarcon-Maxwell says she continues to suffer from a "closed head trauma" suffered in the accident. They say the airline and the flight crew operated the plane "in a manner so as to endanger the life and property of another" and violated multiple FAA rules in doing so.

The Courthouse News reports that US Airways said it would not comment on pending litigation. The plaintiffs seek at least $50,000 in compensatory and punitive damages.

Berthiaume's husband is also named as a plaintiff in the suit.

FMI: www.courts.phila.gov/common-pleas