UPS kept profits on safety before the plane crash that killed 14 people, lawyers allege

A deadly UPS cargo plane crash in Kentucky stemmed from corporate choices that favored profit over safety, according to a lawyer who filed two wrongful-death lawsuits Wednesday, alleging the company was flying older planes without regularly scheduled maintenance.

Federal officials say the MD-11 jet’s fiery crash last month was caused by a left wing engine separation during takeoff. According to a report by the National Transportation Safety Board, a crack was found where the engine was attached to the wing.

Robert Clifford, a lawyer who has represented plane crash victims for more than 45 years, said the cracks now make grounded MD-11s, which are on average more than 30 years old, too dangerous for package delivery companies to keep in the air.

The crashed plane was “old, tired and should never have been taken out of the mothballs,” Clifford said. Saving money by keeping older planes in the air and not increasing the number of inspections is “putting profit over safety,” Clifford added.

UPS and GE, which made the plane’s engines and is also being sued, said in a statement that safety is a top priority as they cooperate with the federal investigation, and express their deepest sympathies to the families of those killed. They said they do not comment on pending cases.

The lawsuit by Clifford Law Offices of Chicago and Sam Aguirre Injury Attorneys names Boeing, the plane’s original manufacturer, McDonnell Douglas, and VT San Antonio Aerospace, Inc., which inspected and maintained the plane. The two companies did not immediately respond to email and phone messages seeking comment.

3 pilots and 11 people on the ground were killed in the crash

Clifford and other attorneys filed a wrongful-death lawsuit in state court on behalf of the families of Angela Anderson, 45, who was shopping at an airport business, and Trinadate “Trina” Chavez, 37, who worked at Grade A Auto Parts. Both died in a fire caused by 38,000 gallons (144,00 liters) of jet fuel on board the plane during the flight to Hawaii, lawyers wrote in court papers.

Three pilots and 11 others on the ground were killed in the November 4 crash near Muhammad Ali International Airport.

Legal battles stemming from the accident have likely just begun. UPS was named as a defendant in a federal lawsuit filed last month alleging negligence and inhumane conduct. The accident “acted like a bomb” and the plaintiffs’ lives and businesses “turned upside down” as a result, the suit said.

The aircraft had just completed six weeks of extensive maintenance

The crashed plane underwent extensive maintenance for more than six weeks, ending on October 18. Crews repaired significant structural problems, including cracks in the center wing fuel tank and corrosion in structural parts. Some parts involved in attaching the engine to the wing were also lubricated during work performed by VT San Antonio, according to the lawsuit.

Since 2021, engine mounts have not been thoroughly inspected. And the plane had another 7,000 takeoffs and landings due for another detailed inspection of that part.

When Clifford saw the video of the Nov. 4 crash, his mind immediately returned to the 1979 crash of an American Airlines DC-10 that killed 273 people. The DC-10 was the predecessor of the MD-11.

The left engine also fell out in the 1979 crash. But later, the forklift driver damaged the engine mounts. In this year’s crash, it seems to be a function of age.

“When you extend the life of an aircraft, it keeps it in service. It saves money. It saves downtime. It saves maintenance and inspection costs but the risk of fatigue fracture increases exponentially and that’s what you’ve got here,” Clifford said.

Federal investigators ground all the same planes

Federal investigators grounded all MD-11s used by UPS, FedEx and Western Global after the crash for inspections and repairs, but the Federal Aviation Administration has not said what will be required.

UPS announced last week that it did not expect the MD-11s to be back in the skies until at least after the holiday season.

An average of 109 remaining MD-11 airliners, more than 30 years old, are used exclusively to transport cargo for package delivery companies. MD-11s make up about 9% of the UPS airline fleet and 4% of FedEx’s fleet.

If major repairs or overhauls are ordered, experts say package delivery companies may find a better option to replace them.

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Associated Press reporter Josh Funk in Omaha, Nebraska contributed to this report.