mediosfavoritos - A flight attendant awarded for her heroism after the Delta Air Lines crash in Toronto earlier this year is now suing the company, alleging it "cut corners on safety" and knowingly put passengers at risk, CBC News has learned.
In a 15-page complaint filed in U.S. federal court in Michigan this week, Vanessa Miles says she was badly injured in the incident and is seeking "at least" $75 million US in damages.
The lawsuit claims Delta and its subsidiary, Endeavor Air, are liable for negligence after assigning an "inexperienced" pilot and failing to properly train the flight crew.
The airlines have not responded to Miles's allegations and her claims have not been tested in court.
The fiery landing on Feb. 17 saw the Bombardier CRJ-900 flip upside down and skid along the runway at Toronto's Pearson International Airport, sending at least 21 people to hospital. Flight 4819 — operated by Endeavor — had taken off from Minneapolis with 80 passengers and crew.
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According to her lawsuit, the 67-year-old was employed as an Endeavor flight attendant at the time of the incident, but wasn't working that afternoon. Instead, she flew as a passenger to be in position for her next assignment — a practice in the industry commonly known as "deadheading."
Attorney blames 'somebody's negligence'
Michael Morse, the owner of the law firm hired by the plaintiff, said Miles is still an Endeavor employee but has been unable to work while recovering from her injuries.
"Something went wrong here," Morse said in an interview. "These things don't just happen without somebody's negligence."
In the complaint, Miles recounts being rendered unconscious while hanging upside down from her seatbelt after the plane came to a stop on its roof. She regained consciousness and "found herself soaked in jet fuel and surrounded by smoke," Miles's lawyer Madeline M. Sinkovich wrote.
Miles, who lives in Detroit, was treated in a Toronto hospital and suffered multiple injuries, including to her knees and back, a broken left shoulder, plus post-traumatic stress disorder, according to her lawsuit.
"Defendants knowingly, willfully, and repeatedly place profits over safety, resulting in this catastrophic incident and Plaintiff's severe injuries," the complaint reads.
Miles alleges the airlines displayed a "disregard for passenger safety in pursuit of operational efficiency" by "assigning an inexperienced and inadequately trained pilot." What's more, she says Delta and Endeavor failed to properly maintain the plane's landing gear or establish adequate emergency response procedures.
Miles was among the airline staff honoured earlier this year by the U.S. Association of Flight Attendants with an award for their "heroism beyond the call of duty" in the minutes following the crash.
Miles and another off-duty flight attendant "sprang into action, assisting [the cabin crew] in an effort to get everyone to safety, even while injured themselves," the association said.
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Companies deny claims
Her lawsuit adds to a growing chorus of complaints filed in U.S. courts in connection with the Toronto incident.
According to a CBC News review of court records, Canadian and U.S. passengers have filed at least 19 lawsuits against Delta and its Minnesota-based subsidiary.
"Plaintiffs claim that these injuries and losses are Delta's and Endeavor's fault, and not the fault of any other party," the companies' attorney Michael G. McQuillen wrote in a filing in May. "Defendants deny these allegations."
Delta spokesperson Morgan Durrant declined to comment on the case but said in an email that both flight crew members on Flight 4819 were "qualified and [U.S. Federal Aviation Administration] certified for their positions."
Canada's Transportation Safety Board (TSB) previously said the first officer — who completed her training 10 months before the crash — was operating the aircraft at the time, while the more experienced captain was seated next to her.
Durrant said Delta and Endeavor are co-operating with the ongoing TSB investigation.
When the TSB released its preliminary findings in March, it noted a high rate of descent in the flight's final seconds, as well as an unusual nose pitch. Still, the agency said it was too early to tell what caused the hard landing.
The TSB's full report into the incident is expected to be released by the fall of 2026.
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