A Toronto-based lawyer says he is now representing a dozen Delta Air Lines passengers who survived the fiery plane crash at Pearson airport last month and plan to file separate claims against the airline.
Vincent Genova, head of Rochon Genova’s Aviation Litigation Group, confirmed to CTV News Toronto that he has been retained by 12 Canadians who were on-board Flight 4819 on Feb. 17 when it crash landed on the runway, ending up on its roof. There were 80 people on that flight, including 76 passengers.
“Some American passengers contacted me, but I referred them to a U.S. attorney with whom I worked collaboratively in the past on other aviation cases. We intend to do so again in the case,” Genova said via email.
Motley Rice is currently representing Hannah Krebs, a Minnesota resident, in a lawsuit against the airline and its subsidiary Endeavor Air, while DJC Law represents Marthinus Lourens in a separate lawsuit filed in Georgia.
“A decision was made not to commence a class action for various strategic reasons that I cannot share,” Genova said.
On Tuesday, another complaint was lodged from Tomas Eugenio Salvador Stamm, a passenger out of Houston, Texas, in the U.S. District Court for the Southern District of Texas. The complaint alleges he has sustained “serious, permanent, and debilitating physical and psychological injuries” and economic losses as a direct result of the crash-landing, and will continue to suffer for “the foreseeable future.”
“This horrific crash was not an accident—it was a direct result of blatant negligence,” Nomaan K. Husain, founder of Husain Law and Associates and Salvador’s legal counsel, said in a release.
“Delta Airlines failed in its fundamental duty to ensure passenger safety. We intend to aggressively pursue justice and accountability to ensure this never happens again.”
The lawsuit says that after the aircraft “violently slammed” against the tarmac, Salvador banged his head against the window—as he was seated in 19A, a window seat—and lost consciousness. When he woke-up, the document alleges he was “drenched in jet fuel, suspended upside down in a smoke filled cabin.”
After “crawling” out of the front of the plane, being “showered” in fire suppression foam and waiting on the freezing, gusty tarmac, the legal document says Salvador was taken to Humber River Hospital due to the severity of his injuries. Salvador’s suit claims he continues to suffer “extreme” bodily and mental injuries due to the “negligence” and “recklessness” of the flight crews.
“Specifically, the Flight 4819 flight crew failed to observe the most fundamental procedures for a landing approach into YYZ, failed to appropriately monitor flight conditions on approach, and failed to communicate and react in the cockpit to those flight conditions,” the statement of claim reads, adding that the staff were “inadequately” trained and supervised.
“Defendants' failures constituted a gross, wanton, and willful disregard for the rights and safety of all passengers aboard Flight 4819 and needlessly caused injuries and damages to innocent passengers.”
Salvador’s lawsuit is seeking damages for his physical injuries, emotional trauma, and ongoing economic losses, and is hoping to present his case in front of a jury.
Delta Air Lines presented $30,000 to all of the passengers soon after the crash-landing, previously saying this “gesture has no strings attached and does not affect rights.”
Genova says to call this money an “offer” from the airline is inaccurate, as per the Montreal Convention airlines are required to make advance or hardship payments after incidents. While the amount is not set, the requirement to pay is.
Delta declined to comment on pending litigation, and pointed to how the Transportation Safety Board of Canada is leading the investigation.
