The family of a passenger killed in a midair collision near Washington, D.C., filed $250 million claims each against the Federal Aviation Administration (FAA) and the U.S. Army on Feb. 18.
Casey Crafton, 40, of Salem, Connecticut, was among the 67 people who lost their lives when American Airlines Flight 5342 collided with a U.S. Army Black Hawk helicopter over the Potomac River near the Reagan National Airport on Jan. 29.
Robert A. Clifford, founder and senior partner of Clifford Law Offices, filed the pre-case claims on behalf of Crafton’s widow, Rachel, and the couple’s three young sons.
The claim alleges negligence on behalf of federal employees, specifically the FAA, for potential air traffic control issues and the U.S. Army for the operation of the military helicopter. The National Transportation Safety Board (NTSB) has reported that staffing in the air traffic control tower was “not normal” at the time of collision and that there were communication lapses between air traffic control and the aircraft.
Clifford Law Offices has also sent preservation letters to American Airlines, its regional carrier PSA, Sikorsky Aircraft, and Collins Aerospace, telling them to hold onto all evidence related to the crash.
The firm stated that it is taking a cautious approach to filing lawsuits, awaiting the release of the NTSB’s preliminary report, which is expected within 30 days of the crash.
The press release explains the legal process for claims against the government differs from typical civil lawsuits, whereas the government has six months to act upon the claims. If rejected or not acted upon, the plaintiffs have the right to file lawsuits in federal district court within the next two years. Such cases would be heard by a judge, as jury trials are not allowed in civil wrongful death actions against the government.
Clifford, who is also serving as lead counsel in the pending litigation against Boeing for the 2019 Ethiopian Airlines crash involving a 737 MAX 8, said the latest crash is complex, and the families of those affected deserve answers.
“This crash involves complex matters, and the family deserves answers as to what happened to their loved one,” he stated.
The law firm is also investigating potential claims of willful neglect by airlines related to the longstanding congestion issues between commercial aircraft and helicopters in the airspace near Reagan National Airport.
Clifford noted, “It’s been known for some time that there are major congestion problems between the commercial aircraft at that airport and the military aircraft.”
Crafton, who studied aviation management at Bob Jones University, was returning from a business trip in Wichita, Kansas, where he worked as a technical support manager for Guardian Jet, an aviation consulting firm.
Both the FFA and the U.S. Army have issued statements to media inquiries about the claims, saying they could not comment on potential litigation.
