Crashed on Runway: August 27, 2006 In Lexington, Kentucky 

Air traffic control violations led to an avoidable tragic event that resulted in the deaths of 47 passengers and two crew members. Clifford Law Offices represented five families of crash victims, including the only Canadian passenger on board. 

The sun hadn’t come up in Lexington, Kentucky, as Comair Flight 5191 started heading down the taxiway and onto the runway at Blue Grass Airport. The pilots chatted about various things that were not pertinent to the flight and operation of the aircraft, a clear violation of the ‘sterile cockpit rule,’ a Federal Aviation Administration (FAA) regulation that prohibits non-essential conversations during critical moments of a flight.  

Had the crew been fully focused on their taxi route, they would have noticed that they were on Runway 26, which was under construction and unlit, instead of Runway 22, a longer runway that provided enough distance for the Bombardier Canadair Regional Jet CRJ-100ER to safely lift off the ground. 

By the time the pilots had realized their error, it was too late. The plane struck a berm and crashed through a fence as it tried to take off at the end of Runway 26. All 47 passengers and two crew members, the 35-year-old captain, and the 27-year-old flight attendant, were killed. The first officer survived. 

Following the crash, family members came together for a memorial service. Three adult children who lost their mother in the incident sought answers and action. They called their lawyer in Lexington, who knew of Clifford Law Offices’ national reputation in aviation law and referred them to its founder and senior partner, Robert Clifford. In total, Clifford Law Offices took on the representation of five families. 

Bob Clifford immediately flew to Lexington to meet the family. Faced with Kentucky laws and the possibility that the airport (which was under construction) would be altered, the firm filed a lawsuit within days of the crash as well as a motion seeking a restraining order and/or temporary injunction in state court. The firm’s quick action allowed them to ask that the taxiways and runways be kept in their current condition so that the firm’s experts and attorneys could be allowed to examine the surfaces as well as their configuration. Something obviously had gone terribly wrong, and the lawyers at Clifford Law Offices promised the grieving family members that they would determine liability. 

In the months that followed, Clifford made numerous trips to Lexington on behalf of the five families who had hired the firm for answers. It would later be discovered that a number of things had gone wrong that morning. Careful analysis of the cockpit voice recorder indicated that the captain acknowledged that he would be taking off from Runway 22, which was 7,500 feet long, but taxied instead onto an unlit Runway 26, which was just 3,500 feet long. He then turned the controls over to the first officer for takeoff. The lone air traffic controller in the tower did not maintain visual contact with the aircraft and turned away to perform administrative duties, missing the deadly error that should have been unfolding before his eyes. It would later be revealed that the tower was understaffed, violating an internal policy. 

Calculations demonstrated that the plane, with its carrying load, required a runway with a minimum length of 3,744 feet for safe takeoff. Even though the pilots remarked about the dark runway, they did nothing to check if their actions were right. They were wrong. Before the plane could achieve lift-off, it struck a berm, became airborne momentarily, clipped the airport fencing with its landing gear, collided with trees, and then crashed into a hill, separating the fuselage and cockpit from the tail. The plane, loaded with jet fuel, burst into flames. 

Most of the 47 passengers who died were from Lexington. Many of them knew each other in this small, friendly town in the middle of the country that would never be the same. Mr. Clifford and his legal team helped all five families receive closure in a confidential outcome. 

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Crashed short of runway: February 25, 2009, In Schiphol Airport, Amsterdam, The Netherlands

On February 25, 2009, Turkish Airlines Flight 1951 was en route from Istanbul, Turkey, to Amsterdam’s Schiphol Airport. The Boeing 737-800 was carrying 127 passengers – four of whom were U.S. citizens – and seven crew members, including three pilots. The seemingly ordinary journey was uneventful until the aircraft descended for landing on Runway 18R. At approximately 1,950 feet, a faulty radio altimeter inaccurately assessed the plane’s altitude causing the autothrottle to decrease prematurely, reducing engine power to idle during approach.

The autothrottle system is an essential mechanism on an aircraft that automatically adjusts the engine power throughout a flight. The crew did not notice that the throttle had automatically gone idle until it was too late to increase the thrust and take the appropriate corrective action to recover the aircraft and avoid a stall. The aircraft reached a critically low speed, stalling and ultimately crashing on muddy farmland short of the runway, sliding through farmland before splintering into three pieces.

Miraculously, a fire did not erupt, but the impact killed nine people, including several Americans. Three pilots were among those killed, crushed by a panel that slammed through the cockpit. Dozens more were critically injured.

To worsen the circumstances, confusing instructions from the Schiphol Control Center dispatched ambulances and rescue crews to the wrong location, resulting in a 30-minute delay before emergency services reached the crash site. Helicopters arrived 55 minutes after the crash when it could have taken 10 minutes for airlift rescuers to arrive. Surrounding hospitals were not properly alerted to the tragedy and personnel had no idea that a plane had crashed despite 82 ambulances being at the crash site.

The United States National Transportation Safety Board and Federal Aviation Administration dispatched investigators to assist the Dutch Safety Board in the investigation regarding the probable cause of the crash. The airplane’s digital flight data recorder and cockpit voice recorder were recovered. An investigation of the flight data by the Dutch Safety Board revealed that the plane was about 2,000 feet above the ground and on its final landing when the reading on a faulty left-hand altimeter suddenly changed, from 1,950 feet to –8 feet altitude. The speed reduction was so large that the aircraft’s wings could not provide enough lift, causing it to crash.

As a result of this tragic crash, the aircraft manufacturer, Boeing, issued a bulletin to remind pilots of all 737 aircraft of the importance of monitoring airspeed and altitude, further advising against the use of autopilot and autothrottle when landing in cases of radio altimeter discrepancies. However, a New York Times article, published on January 21, 2020, examined what caused this plane to plummet into a field and found that Boeing was also responsible for the crash. In a lengthy story, the reporter stated, “Decisions by Boeing, including risky design choices and faulty safety assessments, also contributed to the accident on the Turkish Airlines flight. But the Dutch Safety Board either excluded or played down criticisms of the manufacturer in its final report after pushback from a team of Americans that included Boeing and federal safety officials, documents and interviews show.”

The article goes on to compare whether the mistakes of the Turkish crash led to the same problems of the Boeing planes in the Boeing 737 Max aircraft. “A review by The New York Times of evidence from the 2009 accident, some of it previously confidential, reveals striking parallels with the recent crashes — and resistance by the team of Americans to a full airing of findings that later proved relevant to the Max,” the reporter wrote. “In the 2009 and Max accidents, for example, the failure of a single sensor caused systems to misfire, with catastrophic results, and Boeing had not provided pilots with information that could have helped them react to the malfunction. The muted criticism of Boeing after the 2009 accident fits within a broader pattern, brought to light since the Max tragedies, of the company benefiting from a light-touch approach by safety officials.” Clifford Law Offices represented numerous victims and their families from Turkish Airlines Flight 1951, ultimately recovering a combined settlement.

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Crashed: January 31, 2000 in the Pacific Ocean

On January 31, 2000, an Alaska Airlines MD-83 aircraft in flight to San Francisco plummeted from the sky and crashed into the Pacific Ocean, killing all 88 people on board. The tragic event raised serious questions surrounding the safety of one of America’s largest airlines at the time and left devastated families wondering what went so wrong.

Most of those aboard the jet had just enjoyed several sunny days in beautiful Puerto Vallarta, Mexico. Alaska Air Flight 261 was heading to San Francisco and then continuing to Seattle. Suddenly, as it flew along the Pacific coast, the aircraft experienced problems. The pilots were unable to land and after a long struggle to gain and keep control of the aircraft, it crashed into the ocean, killing everyone aboard.

As news began filtering of a plane crash in the Pacific Ocean, families hoped against hope that their loved ones were not on the plane. As the passenger and crew lists were confirmed, families were left devastated and helpless. Seven families turned to the renowned aviation legal experts at Clifford Law Offices to help them navigate the repercussions of this catastrophic event and seek reasoning and accountability for this horrific event.

Robert A. Clifford, founder and senior partner of Clifford Law Offices, recommended the families of the crash victims file a lawsuit as soon as possible and two weeks after the crash, he did so on their behalf. Not only did filing a lawsuit send a message to all of the parties involved that the families meant business, but it also meant that they had a chance to participate in obtaining answers from the beginning. They had the right to be informed and stay informed.

Directly following the crash, the National Transportation Safety Board (NTSB) deployed teams of investigators to examine the crash to determine its cause. NTSB investigators boarded Coast Guard ships, Navy vessels, and private boats that combed for debris in a four-mile-wide search for clues and remains.

Meanwhile, Clifford Law Offices hired aviation experts to look into the design of the aircraft, examine previous problems with that particular model, and identify the various parts that could have been defective. The plane was an MD-83 aircraft built in 1992, and manufactured by McDonnell Douglas, which later became a part of Boeing. The Clifford Law Offices aviation team took more than 100 depositions from engineers and designers from McDonnell Douglas and Boeing to help understand the details that led to the loss of so many lives.

After three years of questioning and investigation by the firm, it was determined that the plane’s horizontal stabilizer had jammed, causing the plane to go into an uncontrollable dive. Mounted on the tail of the plane, the stabilizer controls the pitch of the nose and keeps it from heading downward. A jackscrew, relatively small compared to the size of this large aircraft, had caused an enormous and avoidable loss of life. The aircraft had clearance to make an emergency landing in Los Angeles, but it did not do so. Flight 261 plunged 20,000 feet into the Pacific Ocean about 20 miles north of Los Angeles International Airport near Point Mugu.

The thorough work of the Clifford Law Offices aviation team, and depositions of Alaska Airlines employees, Boeing employees, and various experts, led by firm partner Kevin P. Durkin, resulted in Boeing stipulating a liability judgment against the aviation manufacturer.

Ultimately, the firm recovered $40 million in a settlement on behalf of the seven families who lost loved ones aboard Alaska Airlines Flight 261 and provided some answers as to what caused this aviation disaster to occur, and who was ultimately responsible.

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Crashed: October 31, 1994, in Roselawn, Indiana

On October 31, 1994, American Eagle Flight 4184 was en route from Indianapolis, Indiana, to Chicago, Illinois when it abruptly rolled and plummeted from the sky, crashing in a field near Roselawn, Indiana, killing all 68 on board. In the following investigation, it was determined that an inattentive flight crew and a poorly designed de-icing boot system caused the American Airlines plane to crash during an ice storm.

That cold, rainy night, winds were blowing 30 miles per hour. American Eagle Flight 4184 was circling 9,000 feet above Northwest Indiana waiting to land at Chicago’s O’Hare International Airport. Twice, the pilots had warned air traffic controllers that freezing drizzle was coating the wings with ice. While the 30-year-old co-pilot was struggling with the ice build-up, the 29-year-old pilot was out of the cockpit.

“Aw, [expletive],” were the last words of the co-pilot before a crunch sound ended the cockpit voice recording. The crash raised extensive questions about the safety of the plane, systematic flaws, hazardous weather conditions, and what safety precautions could have prevented the incident.

The tragic crash of Flight 4184 was the devastating culmination of a long history of icing incidents and fatal accidents involving ATR turboprop airplanes. The National Transportation Safety Board’s (NTSB) thorough investigation into Flight 4184 and previous ATR icing incidents and crashes exposed a pattern of the airplane manufacturer prioritizing sales over safety. This included adopting overly aggressive design and marketing strategies, such as a lateral control system that sacrificed stability for the sake of competitiveness.

Chicago aviation attorney Robert A. Clifford represented the families of 16 passengers on American Eagle Flight 4184. On the first day of trial, he entered the federal courtroom in Chicago, prepared to make his opening statement to the jury that had been selected over the previous two days. A screen was set up for the jurors to view elaborate digital presentations that would explain the case and show previous testimony of the dozens of witnesses whose earlier depositions had been videotaped in preparation for trial. The jurors also were to view day-in-the-life videos that Mr. Clifford had produced on each of the 16 passengers who had lost their lives. Mr. Clifford had hired a professional videographer to capture, through family photos and videos as well as interviews, the lives of each one of the victims he represented who were killed in the tragedy.

As the trial was set to begin, the defendants agreed to a record $110 million settlement and an unprecedented apology from both ATR and American Airlines in open court. The airline assured

those in the courtroom that as much as possible had been done to correct the problems that they believed caused the crash and the lawyer for American Airlines told the families, “We are terribly sorry that this happened.” The families distributed the money in confidential settlements. For a week, settlement talks continued, even into the weekend. In the end, the jurors were thanked for their patience and were dismissed.

The NTSB report also concluded that the makers of the French-built ATR-72 turboprop had failed to adequately report previous problems encountered by its planes in icy conditions which led to the grounding of the ATR fleet in the U.S. and elsewhere. Its report also faulted the French Directorate General for Civil Aviation for failing to oversee the manufacturer and for failure to inform the Federal Aviation Administration about the airworthiness of the ATR planes operating in icy conditions but also cited the FAA’s failure to exert proper authority over the aircraft’s maker as well. Robert Clifford and Kevin Durkin led the Plaintiffs’ Discovery Committee unearthing these critical facts. The NTSB urged tighter regulations on flights by commuter aircraft in icing conditions in 1996.

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Crashed: July 19, 1989 in Sioux City, Iowa

The eyes of the nation watched as a home video fixed on Runway 2L at Sioux City, Iowa’s airport captured the chilling crash scene. Again and again, television stations aired the clip of the immense jetliner, United Airlines Flight 232, cartwheeling in flames before crash-landing in a soybean field. Passengers were thrown from the plane; 112 were killed in the deadly impact. Another 184 passengers miraculously survived, crawling to safety. There were many heroes that day.

Doris Levenberg was among the survivors who were critically injured, suffering nerve damage that impaired the use of her limbs, as well as a broken neck, left arm, right ankle, and left leg. She was returning from Denver where she and her husband of less than a year, 71-year-old Allan, were surveying retirement nests. She was active, happy, and loved and had a wonderful life. But in 44 minutes, their lives were completely changed while the plane swirled in circles in the sky after the aircraft experienced a catastrophic failure of its tail-mounted engine. Allan was among those killed; Doris was permanently disabled and left with a life of constant painful rehabilitation.

Chicago aviation lawyer Robert A. Clifford, founder and senior partner at Clifford Law Offices, represented Doris Levenberg, among other passengers aboard United Airlines Flight 232, ultimately obtaining a $28.3 million verdict on Doris’ behalf, offering her some restitution for her permanent injuries and the death of her husband.

During the discovery phase of the lawsuit, it was learned that safety regulations had been compromised to rush the plane’s General Electric engine into production as it competed with Rolls Royce aircraft engine manufacturing. When the fan disk on the tail-mounted GE engine exploded mid-flight, debris penetrated the tail in numerous places, including puncturing all three hydraulic systems on the DC-10, rendering the plane uncontrollable. Captain Alfred C. Haynes, a highly experienced pilot, was in charge of Flight 232, headed from Denver to Chicago on July 19, 1989, and did everything possible to maintain flight stability before the crash.

Doris Levenberg’s case, represented by the Clifford Law Offices aviation team, was the only United Airlines Flight 232 lawsuit that went to trial against the defendants, including United Airlines and McDonnell Douglas Corporation, the aircraft manufacturer. Using state-of-the-art visual exhibits and trial presentation techniques, Mr. Clifford tried the case for two weeks before jurors who ranged in age from 22 to 76. It took the jury less than three hours to determine the verdict, a record amount at that time for a personal injury case in Illinois. The foreman was later quoted to say that it was clear from the trial testimony that she was a “fighter who wanted as much out of life as possible despite her injuries.”

Mr. Clifford also represented Terry Brown, a Chicago-area businessman who lost his family in the crash. A $15 million settlement was obtained on behalf of Brown who lost his wife Janice and 11-year-old daughter Kimberly. The two were returning from a visit to grandma’s and at the last minute their seats had been reassigned on the plane. The two people in their previous seats survived the crash. Brown wanted to hold someone responsible for the tragic event and ensure airplane manufacturers were more aware of safety concerns. On his behalf, Mr. Clifford obtained an unprecedented admission of responsibility for the crash from the most culpable defendant, General Electric Corporation, which manufactured the plane’s engine. Although GE maintained that United Airlines and McDonnell Douglas, builders of the jet, also were responsible, GE admitted that it failed to detect a crack in the engine. Following the settlement, Brown said that although his wife and daughter paid the ultimate price, he felt he had done everything he could and everything they would have wanted him to do.

Tenacious in his recovery of damages for the families he represented, Mr. Clifford was also able to extract an additional $250,000 from the defendants, which included McDonnell Douglas Corporation, manufacturer of the aircraft, to be donated to Chicago Children’s Hospital. The additional funds allowed for a bereavement center to be set up in the names of Janice and Kimberly Brown. In total, Clifford Law Offices recovered a combined $43 million in verdicts and settlements for the families impacted by the negligence of airline corporations and manufacturers.

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