CFM International, the jet-engine manufacturer, and Southwest Airlines face a Southwest Airlines engine explosion lawsuit in Pennsylvania federal court, the first of its kind filed over the mid-air engine failure which shattered a window and sucked out an innocent passenger on April 17, 2018.

The Southwest Airlines engine explosion allegedly killed a passenger during its flight from New York to Dallas. The lawsuit is being filed alleging negligence in Pennsylvania federal court.

Plaintiff and passenger Lilia C. filed the suit. She says she sat three rows behind the window that shattered during the Flight 1380 engine explosion. She accuses Southwest of failing to properly inspect the engine and its fan blades, and of failing to perform engine maintenance prior to flight departure.

The occurrence of the April 17 catastrophic event is said to be analogous to one the Airline already experienced in 2016. During that event, it was the same engine and same kind of aircraft that experienced the same destruction, the complaint states.

According to Law360, Lilia accuses the Southwest in the Pennsylvania court complaint of “failing to take appropriate and corrective measures” specifically after the August 2016 event. During that flight from New Orleans to Orlando, the fan blade broke off and there was an “uncontained engine failure.”

Findings that were discovered by the National Transportation Safety Board indicates that the April 17 explosion was the result of metal fatigue. The metal fatigue, Law360 reports, “caused a hidden crack in a fan blade that broke off midair.” This then caused “the engine to explode with such force that it tore off the engine’s cowling, or external cover, in what the industry calls an ‘uncontained engine failure.'”

Due to the catastrophic event, Lilia says that she now suffers from anxiety, depression, and post-traumatic stress disorder. The passenger who had been sucked out of the window during the event was pulled back in by other passengers. However, the passenger, Jennifer R. of New Mexico, later died.

Lilia files the Pennsylvania lawsuit against Southwest alleging negligence and breach of contract, Law360 reports. She also files suit against CFM alleging that there had been defectively designed fan blades in their engines which could not “withstand the vibratory, thermal or other stresses encountered in normal operation of the engine.”

Other allegations against the defendants include them of “willful, wanton and outrageous misconduct.”

According to the complaint, “the defendants knew that the evaluation of the failed engine components of Flight 3472 was moving at a slow pace and that even though more than a year had passed a root cause of the failure had not been corrected,” it stated.

Lilia added that, “rather than protect the safety of plaintiff and those who also were fare-paying customers, the defendants’ misconduct placed profits and business over the safety of its customers and continued to operate these engines even though there was confirmation that an unsafe condition existed which had not been corrected since the failure that befell the 2016 incident involving Flight 3472.”