Delta Air Lines has agreed to pay $78.75 million to settle a class action lawsuit over a 2020 incident in which one of its aircraft dumped fuel over residential neighbourhoods in Los Angeles and Orange counties.
The proposed preliminary settlement, filed this week in Los Angeles federal court, requires judicial approval. If approved, the net payout after legal fees will be around $50.6 million, to be distributed among owners and residents of an estimated 38,000 properties affected by the incident.
The case stemmed from an emergency involving Delta Flight 89 on 14 January 2020. The Boeing 777, bound for Shanghai with 167 passengers and crew, experienced a loss of thrust shortly after takeoff from Los Angeles International Airport.
Pilots dumped about 15,000 pounds (6,800 kg) of jet fuel before returning to the airport to reduce the risks associated with an overweight emergency landing. The fuel rained down on communities beneath the flight path, dousing homes, cars and schoolyards. Several dozen people were treated for minor injuries.
Property owners alleged the pilots unnecessarily dumped fuel at low altitude over densely populated areas rather than over the Pacific Ocean or at higher altitudes where it would have dissipated. They demanded Delta fund a cleanup and compensate affected families.
Delta denied wrongdoing but agreed to settle to “avoid the uncertainty, distraction and cost of litigation.”
The Atlanta-based airline defended the actions of Flight 89’s crew, stating: “The pilots and cabin crew did exactly what federal regulations and their FAA-approved training required them to do to respond to that in-flight emergency and ensure the safety of the passengers, crew, and people on the ground.”
A Federal Aviation Administration (FAA) investigation subsequently cleared the pilots of any misconduct.
Plaintiffs’ lawyer Filippo Marchino said the settlement was a fair outcome: “This agreement compensates hard-working families who asked only for respect and just treatment and rightly deserve this result.”
While Delta continues to maintain that its crew acted appropriately, the settlement draws a line under a highly publicised incident that drew national attention and prompted questions about how fuel-dump emergencies are managed over major urban areas.