CHICAGO, April 22, 2019 /PRNewswire/ -- The nationally recognized Chicago Trial Attorneys at Power Rogers & Smith are assisting Kline & Specter, of Philadelphia, in a wrongful death lawsuit against Boeing. The suit – filed Wednesday, April 17, 2019 in the Eastern Division, U.S. District Court for the Northern District of Illinois (Case No. 1:19-cv-02597) – focuses on Boeing's alleged failures to protect passengers aboard its 737 Max 8 aircraft, particularly in relation to its automated flight control system.
With the suit being filed in Chicago, where Boeing is located, Attorney Joseph Power and the Power Rogers & Smith legal team are assisting Attorney Andrew Stern and Kline & Specter as local counsel.
About the Boeing Lawsuit
The wrongful death lawsuit was filed on behalf of the family of a young woman who died in the March 10, 2019 crash. A resident internal medicine physician at East Tennessee University, the woman had boarded the flight from Ethiopia to Kenya as part of a trip to visit a sister who had recently given birth.
As the complaint alleges, the woman and 156 other passengers aboard Ethiopian Airlines Flight 302 did not make it to their final destination because Boeing, among other missteps, designed a defective flight control system for its 737 MAX 8 aircraft – a plane used by commercial airlines across the world, and the same implicated in the October 2018 Lion Air catastrophe, which killed 189 passengers.
While the complaint provides details for its allegations, it focuses on several claims. These include breach of warranty, failure to warn, and others related to:
- Defective design – The lawsuit claims Boeing's design made its plane unreasonably dangerous, and that the crash could have been avoided with compliant practices regarding its Maneuvering Characteristics Augmentation System (MCAS), an automated flight control system intended to stabilize the plane and prevent stalling. According to the complaint, the MCAS on the 737 MAX 8 did not function as intended, and instead forced planes into unwarranted dives at low altitude. The suit notes the system relied on only one sensor, and failed to properly account for changes in flight characteristics caused by the plane's powerful engines.
- Negligence – The lawsuit claims Boeing failed to use reasonable care when designing, building, and testing its flight control system, and when releasing the defectively designed aircraft onto the market without warning pilots, airlines, or consumers.
- Civil conspiracy – In addition to design defects and negligence, the complaint also claims Boeing conspired to participate in an arrangement with the FAA and / or its personnel to fast-track certification of its 737 MAX series, despite its problems and applicable laws and regulations.
The lawsuit seeks economic and non-economic damages for the victim's family, as well as punitive damages to address what it claims to be "outrageous and deplorable" conduct on the part of Boeing.
Flight 302: Fighting for Families
Given the complexities of the case, its scope, and the tremendous toll it has taken on victims' families, Power Rogers & Smith is reminding all those affected by the Ethiopian Airlines Flight 302 tragedy that help is available – and that experienced legal representation is critical when bringing claims in civil court.
Aside from many challenges involved in litigating against such a large and powerful corporation, the case entails a number of legal issues related to federal jurisdiction and liability. Though some families may believe they have viable claims against Ethiopian Airlines, Power Rogers & Smith notes such an approach is unlikely to prevail, not only for improper venue with questionable jurisdiction, but also because there is no evidence that Ethiopian Airlines acted improperly.
For families with questions about their rights, options, and the most appropriate pathway for their legal journey, Power Rogers & Smith is available to help. Call (312) 313-0202 to speak with an attorney.
Power Rogers & Smith is one of Chicago's most respected, highly rated personal injury law firms. Led by nationally recognized and acclaimed trial attorneys, the firm has recovered over $4 billion in compensation for clients in a range of complex cases involving some of the nation's largest corporations and insurance carriers. For more information about the firm, visit www.prslaw.com.
SOURCE Power Rogers & Smith, L.L.P.