Teacher Sues Delta Air Lines for Dumping Toxic Jet Fuel on High School

Los Angeles-based trial firms McNicholas & McNicholas, LLP and Redefine Law Firm have filed another lawsuit against Delta Air Lines, Inc. (Delta) on behalf of a teacher at Pioneer High School who was exposed to fuel dumped from Flight 89 on January 14, 2020. According to the lawsuit against Delta, the plaintiff was involuntarily coated with jet fuel which penetrated her skin, mouth and nose. As a result, she experienced an allergic reaction, causing swelling and irritation to her throat and upper respiratory system. In addition to the physical damage caused by the Delta pilot’s negligence, the plaintiff suffered severe emotional distress from the knowledge and fear that she may now be at risk for long-term health issues – including cancer – as a result of this toxic exposure.

“Delta and its flight crew for Flight 89 had a duty to notify air traffic control of any need or intent to dump jet fuel during a flight, and were aware of or should have been aware that the aircraft was too low to safely dump fuel,” said Matthew McNicholas Partner at McNicholas & McNicholas, LLP. “This incident brings into question whether this negligence extends into Delta’s policies and protocols.”

The lawsuit alleges the following:

• On January 14, 2020, a Boeing 777-200 flown by Delta as Flight 89 took off from LAX bound for Shanghai, China. Shortly after takeoff, the pilot declared an in-flight situation that necessitated the aircraft return to LAX and fly over the heavily populated neighborhood that included Pioneer High School.
• Flight 89 notified LAX air traffic control of the need for the aircraft to return to LAX, but did not inform personnel of any need to dump fuel prior to landing. In fact, the pilot specifically told air traffic control personnel that there was no need to dump any fuel.
• As Flight 89 flew over the school at approximately 2,000 feet (and as teachers and students were out on the playground and other areas of the campus), the aircraft released what is believed to be thousands of pounds of toxic jet fuel.
• Delta and its flight crew for Flight 89 were aware of or should’ve been aware that jet fuel is toxic and that contact is harmful and dangerous to humans. 
• Delta and its flight crew for Flight 89 were under a duty to adequately notify and communicate with air traffic control personnel of any need or intent to dump fuel so that the aircraft could be directed to a location and altitude from which fuel could’ve been released without endangering the population.
• Flight 89’s decision to dump fuel was made with no notification to air traffic control, no regard for the health and welfare of the populated areas below the aircraft and no regard for the fact that the aircraft was only at approximately 2,000 feet, which is far too low to allow jet fuel to dissipate or evaporate before reaching humans at ground level.
• Flight 89 made no effort to fly in an approved holding pattern to burn off fuel at a safe altitude or fly at a higher altitude before dumping fuel. This is believed to be in violation of Delta’s policy and procedure for the release of jet fuel in-flight, indicating that either the pilots were negligently trained and/or that the policies in question were negligently written and distributed. To the extent that Flight 89’s release of fuel on January 14, 2020 complied with Delta’s policy and procedure for the release of jet fuel in-flight, it is alleged that their policies are negligent, unsafe and improper.
• Flight 89 exposed the teachers, students and others in the highly populated area to the toxic jet fuel, which penetrated their skin, mouths and noses, causing itching, illness, nausea, dizziness and emotional distress.