Abraham Jewett  |  November 7, 2023

Category: Legal News
An Alaska Airlines aircraft in the sky, representing the Alaska Airlines class action.
(Photo Credit: Philip Pilosian/Shutterstock)

Alaska Airlines flight class action lawsuit overview: 

  • Who: Matthew Dolan, Theresa Stelter and Paul Stephen filed a class action lawsuit against Alaska Airlines Inc. and Horizon Air Industries Inc. 
  • Why: The plaintiffs claim Alaska Airlines and Horizon Air failed to ensure an off-duty pilot traveling in a flight’s cockpit was fit to fly, prior to him allegedly trying to bring down an aircraft with 79 passengers and two flight attendants on board. 
  • Where: The class action lawsuit was filed in the Superior Court of Washington for King County.

A class action lawsuit claims Alaska Airlines and its subsidiary Horizon Air bear responsibility for the actions of an off-duty Alaska Airlines pilot who allegedly tried to bring down an Horizon Air-operated airplane with 79 passengers and two flight attendants on board on Oct. 22.

Plaintiffs Matthew Dolan, Theresa Stelter and Paul Stephen claim pilot Joseph David Emerson, by virtue of traveling in the cockpit’s jumpseat, had responsibilities for aircraft safety that made him an agent of both Alaska and Horizon Air. 

The plaintiffs — passengers on the Oct. 22 flight — argue Alaska Airlines and Horizon Air apparently failed to “even question” whether Emerson was “fit to fly” shortly before he was allowed to occupy the plane’s cockpit for the flight. 

“Had they done so, he more likely than not would have been denied admission and could not have been in position to nearly kill everyone aboard,” the Alaska Airlines class action states. 

The plaintiffs want to represent all passengers who were aboard Alaska Airlines Flight 2059 on Oct. 22 who were not on-duty employees of Alaska Airlines or Horizon Air. 

Off-duty pilot allegedly said he hadn’t slept in 40 hours, ate drugs 2 days before flight

Emerson has been charged with 167 crimes, including 83 counts of attempted murder and 83 counts of reckless endangerment after he allegedly attempted to shut off the plane’s engines and open a cabin door during the flight, according to the Alaska Airlines class action. 

The plaintiffs claim Emerson told FBI agents upon his arrest that he had not slept in 40 hours and had consumed psychedelic mushrooms 48 hours before.

Alaska Airlines and Horizon Air are accused of breach of common carrier duties, namely by allegedly failing to protect their passengers from harm resulting from the misconduct of others when such conduct “is known or could be reasonably foreseen and prevented.” 

The plaintiffs are demanding a jury trial and requesting injunctive relief along with an award of special and general damages for themselves and all class members. 

In other airline industry news, air travelers recently filed class actions against Frontier Airlines, United Airlines and Spirit Airlines over claims involving false advertising, fraudulent charges, website inaccessibility and hidden bag fees. 

Have you ever felt you were in danger during an Alaska Airlines flight? Let us know in the comments.

The plaintiffs are represented by Daniel R. Laurence and Furhad Sultani of Stritmatter Kessler Koehler Moore. 

The Alaska Airlines flight class action lawsuit is Dolan, et al. v. Alaska Airlines Inc., Case No. 23-2-21460-9 KNT, in the Superior Court of Washington for King County. 


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