Two passengers aboard Delta Connection Flight 4819, which crashed and overturned while landing at Toronto Pearson International Airport on February 17, have filed lawsuits accusing the airline and its subsidiary Endeavor Air of negligence. The lawsuits, filed in U.S. federal courts, seek damages for the traumatic incident that left passengers shaken, with one plaintiff alleging severe physical injuries.
Marthinus Lourens, one of the 80 people on the flight, filed the first lawsuit Thursday, claiming negligence for the crash landing that caused him to dangle upside down from his seatbelt before falling and landing in jet fuel. Lourens’s attorney, Andres Pereira, said the crash was a harrowing experience for Lourens, who was left drenched in fuel and feared for his life as flames flickered outside the plane.
According to the lawsuit, Lourens suffered multiple injuries to his face, neck, and back, and he is seeking more than $200,000 in damages under the Montreal Convention, a legal framework for passengers injured during international flights. While Delta has announced a $30,000 payout to passengers, Lourens’s suit alleges that the airline’s negligence in failing to land the aircraft safely caused the injuries and distress.
The crash occurred after the Bombardier CRJ-900 aircraft, which had taken off from Minneapolis-St. Paul International Airport, hit the snowy runway at Toronto Pearson International Airport at 2:15 p.m. local time. The plane skidded down the tarmac, leaving a trail of fire and smoke before flipping over. Although all 80 passengers and four crew members survived, 21 people were taken to local hospitals, and at least three passengers suffered critical injuries.
Lourens, who was seated in the first row next to the cabin door, was among those who helped evacuate the plane after unbuckling his seatbelt. According to Pereira, Lourens assisted a flight attendant in opening the cabin door and helped others exit the plane. The incident occurred quickly, and Lourens, who initially went to a hospital in Toronto, later sought medical attention in Texas, where he resides with his family.
Delta CEO Ed Bastian defended the actions of the flight crew, praising their training and professionalism in handling the emergency. He described the pilots as “experienced and well-trained,” noting that they acted “heroically” during the crash.
The cause of the crash is still under investigation by the Transportation Safety Board of Canada, the Federal Aviation Administration, and the National Transportation Safety Board. Findings from these investigations could potentially impact the lawsuits filed by Lourens and other passengers. Lourens’s lawyer, Pereira, anticipates that additional legal actions may follow as the investigation continues.
Lourens, despite the trauma, plans to accept the $30,000 payout from Delta but intends to continue pursuing legal action for the damages sustained in the crash. The airline has confirmed that the payout will not affect passengers’ ability to file lawsuits.
