A U.S. flight attendant commended for her heroism during the Delta Airlines crash at Toronto Pearson Airport in February has filed a multimillion-dollar lawsuit against the airline, claiming it employed an inexperienced pilot who landed the plane at a “catastrophically excessive rate of speed.”
In a 15-page statement of claim filed in U.S. federal court this week, flight attendant Vanessa Miles, 67, alleges the airline, along with its subsidiary, Endeavour Air, “cut corners on safety” by failing to adequately train its pilots and crew, in part resulting in the fiery crash on Feb. 17.
Miles, who lives in Detroit, claims she was severely injured after Flight 4819, travelling from Minneapolis with 80 people on board, suffered a “violent and catastrophic drop” while landing, flipped upside down, and burst into flames on one of Pearson’s runways.
The crash sent at least 21 people to hospital. There were no fatalities.
The allegations set out in Miles’ claim, which is seeking a minimum of $75 million (U.S.) in damages, have not been tested in court.
When reached by the Star, a spokesperson for Delta Air Lines declined to comment. Lawyers for Miles did not respond to the Star’s request for comment by publication.
An investigation by the Transportation Safety Board of Canada (TSB) into the crash is ongoing.
‘Soaked in jet fuel’
It was just after 2 p.m. when Flight 4819, piloted by the first officer, began its touch down into Toronto.
According to a preliminary report by the TSB, the plane was approaching the tarmac at nearly double the speed of a “hard landing” and positioned at a “flat angle.” Given the plane’s tilt, its landing gear made contact with the tarmac first, causing it to collapse.
While the TSB has not determined the sequence of events that followed, it noted in its report that “the wing detached from the fuselage, releasing a cloud of jet fuel, which caught fire.”
The jet began to slide down the runway, before coming to rest upside down.
In the claim, lawyers for Miles say she lost consciousness while hanging upside down from her seat, held in place by only a seatbelt. When she awoke, she “found herself soaked in jet fuel” and the cabin filled with smoke, it reads.
Miles fell from her seat after unbuckling her seatbelt and, when the emergency slide failed to deploy, fell another six feet while exiting the aircraft, the claim continues.
Despite her injuries, Miles “sprang into action” to assist the crew and other passengers during the crisis, according the U.S. Association of Flight Attendants. She was among a handful of flight attendants honoured by the association in April for their “heroism beyond the call of duty” in the minutes following the crash.
Shortly after passengers and the crew evacuated, the aircraft burst into flames. The cause of the explosion has not been determined.
Miles was treated at Humber River Hospital and, according to the lawsuit, suffered multiple injuries, including a broken left shoulder, a traumatic brain injury, and post-traumatic stress disorder.
In the six months since the crash, Miles says she’s continued to suffer from severe pain, mental anguish, and a loss of earnings, accruing medical expenses along the way.
Pilot was ‘inexperienced,’ lawsuit claims
In the claim, lawyers for Miles, citing the TSB report, allege both the captain and first officer of the plane were negligent in failing to maintain a safe rate of descent during the landing approach and positioning at touchdown.
It also alleges, amongst other things, that the pair failed to respond to the aircraft’s automatic warning indicating that its descent rate was excessive.
“This accident was caused, at least in part, by (Delta Air Lines) knowingly assigning an inexperienced and inadequately trained pilot to operate the flight,” it reads. “(The) defendants cut corners on safety by rushing pilots through training programs and knowingly putting passengers at risk with inexperienced flight crew.”
Delta declined to respond to the Star’s questions about the experience levels of the pilot and crew aboard Flight 4819.
In a statement released days after the crash, however, the union representing the pilots refuted claims they lacked necessary training. According to the union, the captain of the flight had been working for Endeavor Air since 2007, accumulating about 3,570 hours of total flight time by the time of the crash. The first officer had worked for Endeavor since January 2024 and had flown about 1,422 hours.
“Both crew members are qualified and FAA certified for their positions,” the union said.
The lawsuit goes on to suggest Delta’s safety failures “extended beyond inadequate pilot training.”
According to the claim, Delta failed to ensure its landing gear and emergency evacuation equipment were properly functioning, resulting in the evacuation slide later failing to deploy. It also alleges the airline did not make any announcements or provide guidance to passengers during the evacuation, and was slow to provide medical assistance in the direct aftermath.
“The above actions and omissions constitute gross negligence and show a willful disregard of precautions or measures to attend to safety and disregard for substantial risks,” it reads.
Miles’ claim isn’t the first to be launched by passengers aboard Flight 4819 when it crashed.
In the month after the crash, eight separate lawsuits were filed by passengers claiming the airline violated industry standards and that the crew was inadequately trained. Those claims have also not been tested in court.
With files from Mark Colley and Kevin Jiang
