FOLLOW US

Boeing, Spirit AeroSystems, and Alaska Airlines filed a joint opposition on Tuesday to a request from passengers involved in a lawsuit stemming from a January 5, 2023, incident aboard Alaska Airlines Flight 1282. The passengers, led by Elna Marie Berry, seek to voluntarily dismiss their case in federal court to refile in Washington state court, where they hope to pursue a jury trial. The three companies argue that this request is an improper attempt at forum-shopping after nearly a year of active litigation, and it would result in unnecessary delays.

The incident in question occurred when the flight experienced a midair door plug blowout shortly after takeoff from Portland, Oregon, to Ontario, California. The plaintiffs initially filed the lawsuit in King County Superior Court, alleging that Boeing and Spirit negligently manufactured the planes and that Alaska Airlines failed to properly inspect and maintain them. The case was moved to federal court in February after Boeing requested the transfer.

In November 2024, the plaintiffs asked U.S. District Judge Ricardo S. Martinez to dismiss their case without prejudice, citing delays in discovery due to the ongoing investigation by the National Transportation Safety Board (NTSB). They also expressed the need for more time to gather information to add new defendants and determine how to proceed with the trial.

However, Boeing, Spirit, and Alaska Airlines argue that after nearly a year of litigation, the plaintiffs should not be allowed to "reset" the case and engage in forum-shopping. The companies contend that dismissing the case to move it to state court would only delay the process further and create additional inefficiencies.

At the core of the dispute is the plaintiffs’ desire to pursue a jury trial, which they could not obtain in federal court under the current circumstances. Boeing, Spirit, and Alaska Airlines assert that the federal court proceedings, which include a consolidated bench trial with a related case, are the most efficient and logical option.

Meanwhile, the NTSB continues its investigation into the incident, with a preliminary report from February revealing that the door plug in question was missing four bolts meant to secure it. The investigation has also focused on Boeing’s quality management and safety systems, particularly at the company’s facilities in Renton, Washington, and Wichita, Kansas, where Spirit AeroSystems is a key supplier.

The case involves two lawsuits: one filed by Berry and the other by passengers in the Tran case. Both have been consolidated for a bench trial. A third lawsuit from passengers of Flight 1282 is also pending in Oregon federal court. The defendants’ legal teams are adamant that moving the case back to state court would only duplicate the work already done and further delay justice for all parties involved.

The case numbers are Berry et al. v. The Boeing Co. et al. (2:24-cv-00134) and Tran et al. v. Boeing Co. et al. (2:24-cv-00791), both in the U.S. District Court for the Western District of Washington.