Family Of One Of The Pilots Claim Negligence In Pilot Training And Maintenance Of Aircraft

The family of Elliot Aska, one of the pilots fatally injured in an accident which occurred in February of this year, has sued Amazon and Florida-based companies F&E Aircraft Maintenance and Flightstar Aircraft Services, saying they directly and proximately caused the death" of the pilot.

The suit was filed September 19 in the 11th Circuit Court for the State of Florida. It alleges that the aircraft was improperly maintained and that Atlas Air, which has a contract to fly Amazon Air's aircraft in conjunction with air cargo company ATSG, did not ensure that its pilots were properly trained or rested. Atlas Air employed Aska.

Business Insider reports that in the weeks before the accident, Amazon Air contract pilots warned that such an accident was likely.

The suit states that "Amazon knew or should have known that its history of overworking pilots and forcing them to fly under fatiguing conditions and with little rest time would create an unreasonable risk of harm or death to persons, like decedent, aboard the aircraft."

Atlas Air said it would not comment on pending litigation.

In its preliminary report, the NTSB said the airplane, a Boeing 767-375BCF, N1217A, entered a rapid descent from 6,000 ft and impacted a marshy bay area about 40 miles southeast of George Bush Intercontinental Airport (KIAH), Houston, Texas. The two pilots and one nonrevenue jumpseat pilot were fatally injured. The domestic cargo flight, which originated from Miami International Airport (KMIA), Miami, Florida, and was destined for KIAH.

FDR data indicated that some small vertical accelerations consistent with the airplane entering turbulence. Shortly after, when the airplane’s indicated airspeed was steady about 230 knots, the engines increased to maximum thrust, and the airplane pitch increased to about 4° nose up. The airplane then pitched nose down over the next 18 seconds to about 49° in response to nose-down elevator deflection. The stall warning (stick shaker) did not activate.

FDR, radar, and ADS-B data indicated that the airplane entered a rapid descent on a heading of 270°, reaching an airspeed of about 430 knots. A security camera video (figure 4) captured the airplane in a steep, generally wings-level attitude until impact with the swamp. FDR data indicated that the airplane gradually pitched up to about 20 degrees nose down during the descent.

(NTSB image)

FMI: Source report
NTSB Investigation Summary