Wife of Pilot Killed in Deadly UPS Aircraft Crash Sues Boeing, General Electric

Lawsuit is the first filed on behalf of a flight crew member’s surviving family

LOUISVILLE, Ky.--(BUSINESS WIRE)--The wife of one of the pilots killed in last November’s crash of UPS Flight 2976 near Louisville’s Muhammad Ali International Airport has filed suit against airplane maker Boeing and engine maker General Electric, among others.

The complaint was filed on February 25 by the spouse of Dana Justin Diamond, a Caldwell, Texas, resident who was serving as an international relief officer with responsibilities that included piloting the Boeing MD-11F aircraft on the long-haul cargo flight bound for Honolulu.

According to the complaint filed by attorneys with The Lanier Law Firm, the aircraft’s left engine and pylon separated from the wing shortly after takeoff, followed by a fire and subsequent crash in an industrial area south of the airport. Three crew members, including Diamond, as well as 12 individuals on the ground died as a result of the incident.

"When an engine separates from a wing seconds after takeoff, that's not an accident, says Mark Lanier, lead attorney for the plaintiff. “That's a failure by the companies responsible for building and maintaining that aircraft."

Mr. Diamond was employed by UPS for more than 37 years and had achieved the No. 1 seniority position on the MD-11 and No. 5 overall seniority among all of the company’s pilots. He played a significant role in union leadership and served as vice chairman of the Independent Pilot Association’s Aircraft Rescue and Firefighting Committee from 2012 to 2017, helping educate more than a thousand personnel from across the nation in airport emergency services.

“Dana was passionate about pilot safety and devoted to his family, friends and community,” says Sam E. Taylor, a senior litigation counsel with The Lanier Law Firm. “This tragedy was an absolute betrayal of everything Dana stood for and the professional and personal contributions he made in his life. Through this litigation and Dana’s sacrifice, we will learn more about the causes of this crash and steps to prevent a reoccurrence.”

The lawsuit names aircraft manufacturer Boeing Co., engine manufacturer General Electric Co. and maintenance provider VT San Antonio Aerospace as defendants. The aircraft, which had been converted for cargo operations and operated by UPS since 2006, was equipped with CF6 engines designed and manufactured by General Electric. The aircraft had recently undergone maintenance work performed by VT San Antonio Aerospace in the weeks prior to the crash.

According to flight data information, the aircraft failed to reach over 100 feet in altitude in the 37 seconds it was airborne before crashing into warehouses and other buildings in an industrial district at the southern edge of the airport.

The lawsuit asserts claims for wrongful death, negligence, loss of consortium and related damages for the multiple failures of the defendants that contributed to the engine separation and resulting crash. The complaint also requests punitive damages and a trial by jury.

The case is Donna Lynn Diamond v. VT San Antonio Aerospace Inc. et al., No. 26-CI-001690, filed in Division Six Circuit Court of Jefferson County.

About Lanier Law Firm

The Lanier Law Firm is an award-winning national trial firm specializing in a variety of practice areas, including asbestos exposure, pharmaceutical liability, business litigation and product liability. As one of the most experienced asbestos litigation law firms in the world, Lanier provides mesothelioma legal services in all 50 states. With talented attorneys in Houston, New York and Los Angeles, the firm has won more than $20 billion for clients since its founding in 1990. Learn more about the firm.