Delta Air Lines has agreed to pay nearly $80 million after one of its planes dumped fuel over residential areas in Southern California.
A proposed settlement, which requires a judge’s approval, was filed Monday in a class-action case that has been in litigation since January 2020.
Earlier that month, Delta Flight 89 suffered engine problems shortly after taking off from Los Angeles International Airport.
The pilots of the Shanghai-bound Boeing 777 decided to return to LAX. But with enough fuel for a 13-hour flight, the plane was too heavy for an optimal landing.
Dumping fuel is not uncommon, but typically, planes jettison over non-populated areas like the ocean. However, the complaint said that Flight 89 released 15,000 gallons of fuel onto tens of thousands of properties in Los Angeles and Orange County.
That included an elementary school where 20 children and 11 adults were treated for minor injuries like eye and skin irritation. Some other schools were affected too, and local officials said that 67 people were treated in total.
Meanwhile, the pilots didn’t notify air traffic control about their decision to dump fuel, as is standard procedure. They were also accused of flying as low as 2,000 feet, while fuel dumps are supposed to occur above 5,000 feet so the fuel can vaporize before it reaches the ground.
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However, the Federal Aviation Administration investigated the incident, and court documents say it found that the pilots acted properly.
As part of the proposed settlement, Delta would not admit any liability.
“Delta is confident it would prove at trial there was no property damage, diminution in value, or lasting harm to residents from the actions taken by the crew,” the filing says.
It added that the airline agreed to the settlement to avoid uncertainty and the expenses of a trial and “to eliminate the distraction and other burdens this litigation has caused to Delta’s business.”
The $78.75 million settlement would be worth $50.59 million after attorneys’ fees and other legal costs.
If everybody affected submitted a claim, that would translate to $888.82 for each property owner, and $104.34 for each resident, the filing says.
The final approval hearing was proposed to be scheduled for next March.
