First federal lawsuit over January’s midair collision near DC is filed against American Airlines and the US government

By Alexandra Skores, CNN

Washington (CNN) — The family of a man killed in January’s midair collision near Washington, DC, is suing American Airlines, regional jet operator PSA Airlines, and the federal government, according to a lawsuit filed Wednesday.

Rachel Crafton, whose husband Casey was on the passenger plane, filed the suit wrongful death and negligence.

It’s the first federal lawsuit for the collision that killed 67 people when an Army Black Hawk helicopter and American Eagle flight 5342 collided over the Potomac River.

“The Defendants knew, or should have known, that AE 5342 was transiting one of the busiest airspaces in the United States, and they knew, or should have known, that the airport approaches presented certain safety risks, specifically including the possibility of a midair collision,” the lawsuit says.

The Army helicopter flew too high, and pilots of both aircraft “utterly failed in their responsibilities” to see and avoid the other aircraft, it says.

American Airlines “manipulated and abused” the arrival rate system to add more flights per hour “despite its knowledge that doing so severely limited the margins for safety,” the suit alleges.

American responded to the lawsuit, saying it continues to “mourn the lives lost in the tragic accident,” but that the blame rests with the military.

“Flight 5342 was on a routine approach to DCA when the Army helicopter — that was above the published helicopter route altitude — collided with it,” the airline said. “We continue to support the ongoing NTSB investigation and will defend American and PSA Airlines against any legal action claiming the airline caused or contributed to this accident.”

The lawsuit also mentions the passenger jet pilots’ flight maneuvers and decision to accept air traffic control’s offer to land on the “more difficult” runway 33, despite planning to land on runway 1.

“I really don’t want to but I guess uhhh tell ‘em—,” the captain told the first officer, according to the lawsuit. “Its fine we got the numbers… we’ll do 33.”

Tim Lilley, father of the first officer, Sam Lilley, released a statement explanining the family did not participate in the lawsuit or subsequent press conference.

“Everyone who lost a loved one in the January 29 accident has the right to pursue the path they feel is best,” Lilley said. “We respect those choices while standing united in the shared goal of making sure no family ever suffers through such a preventable tragedy again.”

The National Transportation Safety Board’s investigation has not yet determined a probable cause for the collision. A final report is expected when the investigation concludes in January.

Plaintiff’s husband

Casey Crafton, whose wife Rachel filed the lawsuit Wednesday, was a “devoted father and husband,” she said in a statement from her lawyer.

“Our lives were shattered in a moment, and the grief has been unimaginable,
she said. “The future we dreamed about was taken away from us.”

Casey had a career in aviation, first as a mechanic and then as a technical service manager.

“Casey was betrayed by this system he trusted,” she said. “We are taking legal action because the accountability of American Airlines, PSA Airlines, and the Army and FAA is the only way to ensure this never happens again and no other family has to live with the pain we have to endure each day without Casey.”

Changes since the collision

This summer, the NTSB held three days of hearings to investigate the probable cause of the crash. The hearings covered audio discovered from the incident in the Army helicopter, air traffic control training and key organizational structures that may have led to the deadly incident.

Prior to the NTSB’s investigation, lawmakers had called the Federal Aviation Administration, NTSB and Army to Capitol Hill to testify. The Army’s role in the crash had long been a point of discussion since the incident, and families of the victims felt as though they didn’t hear from the Army enough.

In July, Sen. Ted Cruz, chairman of the Senate Commerce, Science and Transportation Committee introduced a bill that would require aircraft operators to install key anti-collision technology on all flights and require the Army to keep it turned on in almost every case. The helicopter that collided with the passenger plane was not broadcasting ADS-B tracking data due to a rule that allowed the Army to fly with the system turned off.

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