#737max case study about the crash

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737max case study about the crash

[floridaprelaw-blog]

To Fly Or Not To Fly?

By Kristen Julich, The University of Tampa Class of 2022

March 9, 2021

Most know of the March 2019 plane crash in Ethiopia that claimed the lives of all the 157 people on board. Almost exactly a year after the tragic crash, a report came out finding that neither the airline nor the pilots were at fault for the crash, but that it was a design flaw of the Boeing 737 Max jet model that was to blame [1]. This was not just the case for that of the March 2019 crash but also a crash that took place months before, the Boeing 737 Max crash owned by the Lion Air of Indonesia. This crash claimed the lives of 189 people [1].

Though all Boeing 737 Max jets were grounded for months following these crashes, the question remained, what was going on in these jets? What was causing these jets to malfunction at such a high level that the pilots, who undergo intense training could not stop these tragic crashes? After months of studying these jets, studies found that “malfunctions related to automated software known as MCAS were listed as key in both accidents” [1]. The next question in the Boeing investigation was who is to blame. This is where the United States Government and the victim’s families are now looking to Boeing CEO, Dennis A. Muilenberg to take responsibility. The CEO has faced numerous criticisms and allegations in connection to the two crashes. Boeing faces a 20 million dollar fine from the Federal Aviation Administration in addition to the lawsuits the victim’s families are seeking [1]. These lawsuits add up to tens of millions of dollars in damages [1]. The main driving force behind these lawsuits is the new information found that Boeing was engaging in cost cutting and fast track production of the 737 Max jets, which may have caused some of these deadly malfunctions. These actions were allegedly taken to compete with Airbus, another company [1]. Boeing is also facing a class-action lawsuit in a U.S. court on behalf of more than 7,000 Max pilots who argue that “the company’s practices put the lives of pilots, crew members and passengers at risk” [1].

As of February 26, 2021, this issue of the 737 Max jets is still ongoing, even though the jets are back in the air. The victim’s families have not only filed a suit but have now sent a letter to lawmakers airing their concerns. These families have now “called for testimony from Boeing Chief Executive Dave Calhoun, his predecessor and other current and former employees as part of their legal case in Chicago, court documents show” [2]. In addition to this call for testimony, the families are also urging lawmakers in letter to demand that “the U.S. Federal Aviation Administration turn over internal emails and documents spanning the Lion Air crash and one month after the Ethiopian crash” [2]. This is all following the death of 346 people in total at the hands of the Boeing 737 Max jet.

The senate has stated that a report from December detailed “lapses in aviation safety oversight and failed leadership in the FAA” [2]. As a result of this, the victim’s families feel as though they have some serious unfinished business with that of not only the Boeing company in general but that for the FAA. Boeing has essentially settled most of the litigation concerning the Lion Air crash, though it has over 100 open cases still today, regarding that of the second crash [2]. The plaintiff’s lawyers (those for the victim’s families) are focusing heavily on the information that Boeing did have about the causes of the first crash and why they continued to allow the planes to fly despite the crash [2]. It is clear to these lawyers that if Boeing had stopped allowing the 737 Max to fly following the first crash, the second would have never happened.

The families also want to know why the FAA lifted the ban on the 737 Max jets back in November of 2020 [2]. They want to know essentially what the FAA found out about the first crash which helped them make the decision to lift the ban. Back in January of 2021 Boeing made a $2.5 billion settlement with the justice department concerning the crashes which included a $243.6 million dollar fine [2]. The depositions of Calhoun and Muilenberg are set to be sometime from May 3 to June 18, 2021, this will hopefully give more answers to the victim’s families [2].

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[1] Marks, Simon, and Abdi Latif Dahir. “Ethiopian Report on 737 Max Crash Blames Boeing.” The New York Times, The New York Times, 9 Mar. 2020, www.nytimes.com/2020/03/09/world/africa/ethiopia-crash-boeing.html.

[2] Johnson, Eric M., and Tracy Rucinski. “Boeing CEO Asked to Testify in Crash Litigation, Lawmakers Demand FAA Release Records.” Reuters, Thomson Reuters, 26 Feb. 2021, www.reuters.com/article/us-boeing-737max-litigation/boeing-ceo-asked-to-testify-in-crash-litigation-lawmakers-demand-faa-release-records-idUSKBN2AQ2S5.

Photo Credit: LLBG Spotter