Lessons from 1979 Chicago crash could have prevented Louisville tragedy: Attorneys

The NBC Chicago investigative team has learned tonight that UPS air cargo officials have determined a fatal jetliner crash this month will require inspections and repairs of its entire MD-11 fleet — much more extensive and time consuming than first thought.

It is the first indication of a possible systemwide problem that could jeopardize the return to service of those aircraft.

When the left engine of the UPS cargo plane caught fire and fell off the wing, it was a “completely preventable” occurrence according to aviation attorneys in Chicago who represent the families of several people who died in the incident.

Without the left side engine, the jetliner was barely off the ground and crashed.

As our investigative team first reported weeks ago, the UPS crash in Louisville mirrored a similar crash involving a similar passenger aircraft at O’Hare in 1979, now leading to questions about whether that crash decades ago should have prevented the fatal UPS incident this month.  

“There was a similar failure here in Chicago in 1979 when the engine on takeoff fell off of the DC 10, causing a extreme number of losses of life. And the hope was that over time, that the manufacturers would understand and learn from the previous crash,” said attorney Bradley Cosgrove, an aviation expert with the Clifford Law Firm in Chicago. “What I think is evidenced by our most recent incident, is that there were maintenance issues and that there were inspection issues that could have prevented this crash. And what they’re trying to do now is what we call graveyard engineering, where they’re trying to figure out fixes to things that should have been fixed years ago.”

“Graveyard engineering” is what aviation attorney Cosgrove calls the aftermath of this month’s crash at Louisville’s airport November 4th.

A total of 14 people died in the crash, most of them on the ground, and almost two dozen were injured. Now air safety authorities, the plane-maker and UPS Cargo are all trying to identify what caused the engine to fall off, and whether it can be repaired on the rest of the fleet at UPS, FedEx and elsewhere.

The NBC Chicago investigative team has obtained an internal memo from UPS airline president Bill Moore sent to employees on Wednesday.

Moore states that an ongoing evaluation of the now grounded MD-11 fleet “shows that inspections and potential repairs will be more extensive than initially expected. This work may involve removing engines and pylons for detailed inspections and repairs. Based on what we know today, we believe the return to service will take several months instead of weeks as originally anticipated.”

“Absent those inspections and that maintenance which we think should have taken place years ago, absent those changes, these planes will not be in the air,” Cosgrove added.

A similar incident occurred 46 years ago when a similarly equipped American Airlines passenger jet lost its left engine and crashed, killing 271 people on board and two people on the ground.

“We’re of the position as the aviation attorney leaders in the country that an engine should never fall off of a plane during takeoff,” said Cosgrove who is now representing some loves ones of Louisville crash victims. “This has too much similarity to the crash that happened in Chicago in 1979 meaning this is a problem that has happened in the past. Should never happen, and it did happen here.”

The Clifford Law firm where Cosgrove is a partner represented families in the 1979 crash, and firm founder Bob Clifford is noting likely similarities between the Chicago and Louisville crashes, including metal fatigue and stress fractures, along with questionable maintenance.

Those elements are expected to figure in coming lawsuits that would be filed in Louisville. In a statement to NBC Chicago Wednesday, UPS officials cite their safety protocols and contingency plans to continue deliveries:

“Nothing is more important to us than the safety of our employees and the communities we serve. We will take the time needed to ensure that every aircraft is safe. Our contingency plans give us assurance that we’ll continue to effectively move volume and deliver for our customers throughout peak season.”

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