The complaint seeks $750,047 for property damage and other costs that allegedly occurred when Flight 1086 veered off Runway 13 after touchdown, struck a fence and came to rest on an embankment, just short of plunging into frigid Flushing Bay.
According to the Port Authority, which operates the airport, the incident "was caused solely by the negligence of Delta and its agents," including the pilot of the MD-88 aircraft.
The complaint filed in the state supreme court in Manhattan did not specify what damage occurred.
Delta declined to comment. The Port Authority had no immediate additional comment.
A September 2016 report by the National Transportation Safety Board said the incident was probably caused by the pilot's use of excessive reverse thrust, resulting in an "inability to maintain directional control" of the airplane.
It said other factors were the pilot's focus on other aspects of the landing, and stress resulting from concern about stopping on the relatively short, snow-covered runway.
None of the 127 passengers and five crew members was seriously injured, though 29 passengers suffered minor injuries, the NTSB said.
HACKENSACK - A Westwood woman has sued Delta Airlines, claiming she was injured two years ago when the plane she was on crash-landed due to pilot error on a snowy runway at LaGuardia Airport.
Ashley Pronovost, 19, claims in court papers she was a passenger on Flight 1086, which flew from Atlanta to New York - skidding off a runway and striking an airport perimeter fence about 11 a.m. on March 5, 2015.
The plane came to rest with its "nose on an embankment hovering over Flushing Bay with its left wing broken and spewing fuel," according to the suit filed in Bergen County Superior Court.
There were 127 passengers on board. Twenty-nine of them suffered minor injuries, according to the National Transportation Safety Board.
Pronovost, who is now a student at Quinnipiac University, claims she suffered "physical and psychological personal injuries with resultant medical expenses."
The suit claims the student has suffered a loss of income along with reduced earning capacity, pain and suffering, and an impairment of her quality of life.
The lawsuit was filed Aug. 7 by attorney Gerald H. Baker of Springfield. In addition to Delta Airlines, Baker blames the captain, first officer and flight crew for negligence that resulted in the crash.
The captain, who is not named in court documents, was under "situational stress resulting from his concern about stopping performance," the suit states.
In September 2016, the NTSB determined the accident was due to the captain's excessive reversing of the engines while braking. The technique rendered the rudder ineffective and caused a loss of control, the NTSB said.
The lawsuit states the captain had "attentional limitations due to the high workload during the landing, which prevented him from immediately recognizing the use of excessive reverse thrust."
Pronovost is seeking a jury trial and unspecified compensatory damages, along with attorney fees and interest.
Delta Airlines did not return a call seeking comment.
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Aviation Accident Final Report - National Transportation Safety Board: https://app.ntsb.gov/pdf
Docket And Docket Items - National Transportation Safety Board: https://dms.ntsb.gov/pubdms
Aviation Accident Data Summary - National Transportation Safety Board: https://app.ntsb.gov/pdf
The National Transportation Safety Board traveled to the scene of this accident.
Delta Air Lines Inc: http://registry.faa.gov/N909DL
NTSB Identification: DCA15FA085
Scheduled 14 CFR Part 121: Air Carrier operation of Delta Air Lines
Accident occurred Thursday, March 05, 2015 in New York, NY
Probable Cause Approval Date: 03/03/2017
Aircraft: MCDONNELL DOUGLAS AIRCRAFT CO MD 88, registration: N909DL
Injuries: 132 Uninjured.
NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.
NTSB investigators traveled in support of this investigation and used data obtained from various sources to prepare this aircraft accident report.
The Safety Board's full report is available at http://www.ntsb.gov/investigations/AccidentReports/Pages/AccidentReports.aspx. The Aircraft Accident Report number is NTSB/AAR-16/02.
On March 5, 2015, at 1102 eastern standard time, Delta Air Lines flight 1086, a Boeing MD-88, N909DL, was landing on runway 13 at LaGuardia Airport, New York, New York, when it departed the left side of the runway, contacted the airport perimeter fence, and came to rest with the airplane's nose on an embankment next to Flushing Bay. The 2 pilots, 3 flight attendants, and 98 of the 127 passengers were not injured; the other 29 passengers received minor injuries. The airplane was substantially damaged. Flight 1086 was a regularly scheduled passenger flight from Hartsfield-Jackson Atlanta International Airport, Atlanta, Georgia, operating under the provisions of 14 Code of Federal Regulations Part 121. An instrument flight rules flight plan had been filed. Instrument meteorological conditions prevailed at the time of the accident.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
the captain's inability to maintain directional control of the airplane due to his application of excessive reverse thrust, which degraded the effectiveness of the rudder in controlling the airplane's heading. Contributing to the accident were the captain's (1) situational stress resulting from his concerns about stopping performance and (2) attentional limitations due to the high workload during the landing, which prevented him from immediately recognizing the use of excessive reverse thrust.
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