Judge Approves Negligence Claims in Delta Jet Fuel Dump Class Action

Delta Fuel Dump Class Action Lawsuit Overview: 

• Who: Frankie Lomas and Roxanda Yancor filed a class action lawsuit against Delta.
• Why: A California judge has granted some claims in a lawsuit alleging the airline dumped 15,000 gallons of jet fuel on Los Angeles homes.
• Where: The lawsuit was filed in California federal court.

A California judge has approved some claims against Delta Air Lines Inc. in a class action lawsuit alleging the airline dumped 15,000 gallons of jet fuel on Los Angeles homes.

U.S. District Judge John Kronstad granted the negligence-based claims, i.e., negligence; negligent infliction of emotional distress; and negligent hiring, supervision, training and/or retention; provided, however, that the plaintiffs shall not be required to amend their complaints until the remaining legal question as to the applicable federal standard of care is determined through subsequent proceedings in this action.

Judge Kronstad denied the plaintiffs’ causes of action for trespass, private nuisance, trespass to chattels, strict liability for ultrahazardous activities, public nuisance and battery to the extent that Delta argues these causes of action are expressly preempted.

The lawsuit stems from a Jan. 14, 2020, fuel dump incident involving Delta Flight 89, headed from Los Angeles to Shanghai. One of the aircraft’s engines malfunctioned shortly after takeoff and the pilot initiated the 15,000-gallon fuel dump while the aircraft was traveling at low altitude to make an emergency landing at LAX. Delta continues to maintain that the amount of fuel onboard exceeded the maximum weight for safely landing the aircraft, making the fuel dump necessary in the emergency.

However, In the suit, the plaintiffs allege that Delta failed to train and supervise its employees properly with regard to safe procedures for dumping fuel, saying that the pilot should have avoided dumping the fuel from such a low altitude above populated areas.

The plaintiffs claim they suffered injury when the “[l]iquid jet fuel came into contact with and 

penetrated [the individual plaintiffs’] skin, mouths, eyes, noses and lungs,” which “caused them “to experience difficulty breathing, seeing, feel itchy, sick, dizzy and nauseous and otherwise suffer ill health effects from exposure to the liquid fuel and its vapors.”

Have you had jet fuel dumped on your home? Let us know in the comments! 

The plaintiff is represented by Filippo Marchino, Carlos X. Colorado and Thomas E. Gray of The X-Law Group PC.

The Delta Fuel Dump Class Action Lawsuit is In re: Delta Air Lines Inc., Case No. 2:20-cv-00786-JAK-SK, in the U.S. District Court for the Central District of California

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