Law360 (March 15, 2018, 2:09 PM EDT) -- The Boeing Co. manufactured and delivered a commercial aircraft to Flydubai with a design defect that prevented the plane from landing properly, causing a crash that killed all 62 people on board, according to a suit filed in Illinois state court.
The suit, filed Tuesday on behalf of Oleg Chistyakov, one of the deceased, alleged that the Boeing 737-800 aircraft that was delivered to Flydubai was made with a defect that allowed ice to form on its elevators, which control whether the aircraft is angled up or down, and rendered them initially unresponsive during landing. The elevators eventually became responsive again, sending the aircraft into a sudden nosedive and killing all of the passengers and crew, according to the complaint.
“The death of the decedent was a reasonable and foreseeable consequence of Boeing’s defective design of the subject aircraft,” the suit said.
The crash occurred in March 2016 during a second attempt to land the plane, which was traveling to Rostov-on-Don Airport in Russia from Dubai International Airport in the United Arab Emirates, according to the suit.
As the crew attempted to land, they undertook measures to counteract the unresponsive elevators. These efforts exerted pressure on a part of the plane near the elevators, causing the ice that had accumulated on them to “break suddenly” and make the elevators once again responsive, according to the complaint.
“Because of the sudden movement of the now-responsive elevators, as well as the resultant position of the elevators and trim, the subject aircraft entered into a rapid dive, crashing at or near Rostov-on-Don Airport and killing everyone on board,” the suit said.
The aircraft was defective when it left Boeing, and Flydubai didn’t use it improperly, the complaint said. The likelihood that the aircraft would cause injury or death should have outweighed the burden that Boeing would have undertaken to manufacture a defect-free product, according to the suit.
The suit alleges strict products liability and negligent products liability against Boeing and is seeking damages.
A representative with Boeing and counsel for the estate didn’t respond Thursday to requests for comment.
The estate is represented by Andrew T. Hays and Sarah E. Buck of Hays Firm LLC and Steven C. Marks and Dayron Silverio of Podhurst Orseck PA.
Counsel information for Boeing was not available Thursday.
The case is Oxana Korobka v. The Boeing Co., case number 2018L002635 in the Circuit Court of Cook County, Illinois.
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Scheduled 14 CFR
Accident occurred Saturday, March 19, 2016 in Rostov-on-Don, Russia
Aircraft: BOEING 737, registration:
Injuries: 62 Fatal.
The foreign authority was the source of this information.
The Russian Interstate Aviation Committee (MAK) has notified the NTSB of an accident involving a BOEING 737 that occurred on March 19, 2016. The NTSB has appointed a U.S. Accredited Representative to assist the MAK investigation under the provisions of ICAO Annex 13 as the State of Manufacturer and Design of the airplane.
All investigative information will be released by the MAK.
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