An off-duty flight attendant who helped passengers escape and suffered her own injuries during a fiery upside-down crash of a Delta Air Lines flight at Toronto’s Pearson International Airport has filed a US$75-million lawsuit against the airline.
The 15-page suit, filed last week in Michigan by Vanessa Miles, claims: “This accident was caused, at least in part, by Defendants knowingly assigning an inexperienced and inadequately trained pilot to operate the flight, demonstrating a reckless disregard for passenger safety in pursuit of operational efficiency.”
It adds that the airline “cut corners on safety by rushing pilots through training programs.”
It goes on to list of number of alleged failures, including “Failure to ensure proper functioning of critical emergency evacuation equipment; Failure to properly train flight crew on emergency evacuation procedures; Absence of any emergency announcements or guidance during evacuation; Failure to properly maintain the aircraft’s landing gear and related systems; Failure to provide prompt medical assistance following the crash; and Failure to have adequate emergency response procedures in place.”
In response to a query from National Post, Delta noted that the captain was hired in 2007 and “has served both as an active duty Captain and in pilot training and flight safety capacities. Assertions that he failed training events are false. Assertions that he failed to flow into a pilot position at Delta Air Lines due to training failures are also false.”
It added that the first officer was hired last year “and completed training in April 2024. Her flight experience exceeded the minimum requirements set by U.S. Federal regulations. Assertions that she failed training events are false. Both crew members are qualified and FAA certified for their positions.”
It added: “We will decline further comment given this is pending litigation and also because of the ongoing TSB (Transportation Safety Board) of Canada investigation, to which Endeavor Air and Delta remain engaged participants.”
The lawsuit notes that Miles, aged 67, was a passenger on Endeavor Air Flight 4819, operating under the Delta Connection brand, which departed from Minneapolis on Feb. 17 and was scheduled to land at Toronto Pearson International Airport. Although she was employed by Endeavor as a flight attendant, she was “deadheading” at the time, “meaning she was traveling as a passenger to position herself for future work assignments.”
The crash happened when the Bombardier CRJ-900 aircraft bounced and rolled on landing at the Toronto airport, ending up on its roof. A wing was ripped off and a fire broke out. All 80 passengers and crew survived, although more than 20 people were taken to hospital.
The lawsuit says Miles was rendered unconscious while hanging upside down from her seatbelt after the plane came to a stop. When she awoke she “found herself soaked in jet fuel and surrounded by smoke, putting her at grave risk for chemical burns, asphyxiation, and death.”
The suit says she suffered “severe and permanent injuries, including … fractured left shoulder/scapula, traumatic brain injury with loss of consciousness, post-concussion syndrome with headaches, dizziness, and other cognitive difficulties, bilateral knee injuries, back injuries, exposure to jet fuel and toxic fumes, and psychological trauma including anxiety, depression, and post-traumatic stress disorder.”
In April, Miles was one of four recipients of the C.B. Lansing Memorial Award, given by the
Association of Flight Attendants
“to an AFA member who displays heroism beyond the call of duty in aviation.” The award was established
Clarabelle Lansing, a flight attendant who was killed in 1988 when the flight on which she was working suffered an explosive decompression over Hawaii.
The organization notes that the award is “the highest honor a member may bestow upon a fellow member.” It was given to Hollie Gallagher and Rebecca Palazzola, the flight attendants working on the downed aircraft, and to Miles and Alita Parker, “deadheading Endeavor flying partners who assisted.”
A preliminary report by the
Transportation Safety Board of Canada
released in March does not disclose a specific cause for the crash, but it does mention that two additional airline employees who were on the flight as passengers helped evacuate the rear of the cabin.
Madeline Sinkovich, one of Miles’ lawyers, told the Post: “Our complaint alleges that basic safeguards, training, and evacuation procedures failed — and that corporate decisions put cost and schedule ahead of safety. The case proceeds under the Montreal Convention, which holds carriers liable for passenger injuries arising from onboard accidents. Ms. Miles continues to recover from significant injuries; we respect the Transportation Safety Board of Canada’s important work and will pursue full accountability in court.”
The final report by the Transportation Safety Board is expected next year. According
, there are at least 16 additional lawsuits that have been filed by passengers related to the incident.
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