Delta has agreed to pay $78.75 million to settle a class action brought by Los Angeles-area residents.
The lawsuit concerns Flight 89, which departed LAX for Shanghai on Jan. 14, 2020. Shortly after takeoff, an engine on the Boeing 777-200 lost thrust, requiring the pilots to return to LAX. On the way back to the airport, close to 15,000 gallons of fuel were dumped over populated areas, according to the lawsuit.
Under the agreement, which must receive final approval in a March 2 hearing, Delta would make payments to 38,000 property owners plus 160,000 residents in the impacted flight zone. At least $50.6 million of the total settlement amount would go to residents and property owners, with the remainder going to costs and attorney fees.
Delta said the plane, loaded with enough fuel to get to China, exceeded its maximum landing weight by 160,000 pounds. And the pilots also had to consider the risk of a second engine failure, since they didn't know the cause of the engine malfunction.
The litigants argue that the pilots instead could have dumped the fuel over the ocean or unpopulated areas.
Delta says it is settling to avoid the expense of litigation. The settlement agreement notes that the airline is not accepting any liability and believes it could win the case at trial. An FAA investigation found that the pilots acted properly, Delta also noted.
"If this case were to proceed to trial, Delta would prove that the experienced pilots and cabin crew of DL89 did exactly what federal regulations and their FAA-approved training required them to do to respond to that in-flight emergency and ensure the safety of the passengers, crew and people on the ground," the proposed agreement says.