Delta Passenger Who Survived Upside Down Crash Landing in Toronto Sues Airline: 'Drenched With Jet Fuel'

Yahoo

22-02-2025

Eighty people aboard a Delta aircraft survived when their flight crash-landed at Toronto Pearson International Airport on Feb. 17
Marthinus Lourens, one of the passengers, filed a lawsuit against Delta and Endeavor Air, alleging he suffered injuries from the ordeal
The lawsuit comes as Delta is offering compensation of $30,000 to each of the 76 passengers from the flight
A passenger on the Delta flight from Minnesota that crash-landed at Toronto's Pearson International Airport runway earlier this week filed a lawsuit against the airline company, alleging that he was 'drenched with jet fuel' during the ordeal.
In a complaint filed on Thursday, Feb. 20, in the U.S. District Court in Georgia, and later obtained by PEOPLE, passenger Marthinus Lourens said he was injured during the Monday, Feb. 17 landing and evacuation from Delta Flight 4819 that carried 76 passengers and four crew members.
According to video footage, Delta Flight 4819 landed on the airport's icy runway as snow covered the ground around it.
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Before the plane could come to a stop, it skidded, flipped upside down and burst into flames. Miraculously, all those aboard the plane survived, although there were at least 18 reported injuries.
"All 80 people on board were evacuated," the FAA said in a statement at the time, adding, "The Transportation Safety Board of Canada will be in charge of the investigation and will provide any updates."
Lourens, a resident of Texas, said in the complaint that he sustained significant injuries to his head, back, knees and face due to the crash.
'During the crash sequence, Mr. Laurens was belted in his seat, which prevented him from sustaining life-threatening injuries. As the plane rolled upside down, Mr. Laurens was drenched with jet fuel,' read the complaint.
'Experiencing the crash and being suspended upside down by his seatbelt while drenched with jet fuel, in a burning plane, caused Mr. Laurens to suffer severe emotional distress and mental anguish,' it continued.
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The complaint also stated Laurens suffered additional injuries 'when he released his seatbelt and fell to the ceiling of the upside-down aircraft.'
Lourens alleged Delta and Endeavor Air — a regional subsidiary that operated the flight and was named as a co-defendant in the complaint — 'breached their duty of care' to him by their failure to reasonably operate, maintain and control the aircraft.
The plaintiff also claimed that as a result of the incident, he faces current and future medical expenses and was deprived of his enjoyment of life and interests, the complaint added.
'As a result of said accident, Mr. Lourens suffered great pain, agony and mental anguish, and in the future shall continue to suffer from same,' read the document.
Lourens maintained that Delta and Endeavor 'are liable to pay full, fair and reasonable damages" to him "pursuant to the Montreal Convention and applicable law,' read the court document.
Related: All 10 Alaska Plane Crash Victims Have Been Identified: Authorities
According to the International Air Transport Association, the Montreal Convention, a treaty, determines liability for airlines in matters of 'death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo.'
Compensation for passengers injured on international flights can amount up to $200,000, according to the treaty, CBS News reported—but that figure can go higher if the airline is found negligent.
Lourens is seeking in excess of $200,000 in damages, according to the complaint.
'As a result of Delta's negligence, Marty Lourens suffered significant physical injuries," Lourens' attorney Andres Pereira said in a statement to PEOPLE. "During the crash sequence, Mr. Lourens was belted in his seat, as the plane slammed to the runway then rolled upside down. Mr. Lourens was drenched with jet fuel in a burning plane, and when he unbelted, fell to the ceiling in the upside down plane and had to assist opening the cabin door as the flight attendant could not open it. He then assisted getting the passengers out of the plane despite his physical injuries and trauma.'
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PEOPLE contacted Delta for comment on Friday, Feb. 21.
The lawsuit comes as Delta announced its compensation for the 76 passengers from the flight. Each of them would be given $30,000.
'Delta Care Team representatives are telling customers this gesture has no strings attached and does not affect rights,' a spokesperson for the airline told PEOPLE on Wednesday, Feb. 19.
The airline also announced in an update shared the same day that it was working 'to secure, identify and sort customers' bags that were removed from the aircraft.'
Delta also stated in its update that the Transportation Safety Board of Canada, the U.S. National Transportation Safety Board and other stakeholders were starting its investigation into the incident.
Read the original article on People