The Alaska Airlines pilot, widely hailed as a hero for safely landing a jet shortly after takeoff, is suing Boeing, claiming the aircraft manufacturer unjustly attempted to place blame on him and the rest of the crew.
Captain Brandon Fisher was lauded by the heads of the National Transportation Safety Board, the Federal Aviation Administration, and even Boeing executives for helping ensure that none of the 177 people on board perished when the blowout occurred in January 2024.
However, Fisher’s attorneys state that Boeing’s efforts to shift liability in prior lawsuits, despite the NTSB’s findings, led to the pilot being sued by some passengers and caused him substantial distress. Still, experts note it’s uncommon for a pilot to file such a lawsuit in an incident where they weren’t seriously injured or killed. Four flight attendants had previously sued Boeing over the incident last summer.
Fisher’s lawsuit alleges that Boeing contended it wasn’t liable because the plane was “improperly maintained or misused” by others.
“Boeing’s statements clearly targeted Captain Fisher, aiming to portray him as a scapegoat for Boeing’s numerous shortcomings,” Fisher’s attorneys William Walsh and Richard Mummolo wrote in the lawsuit filed in an Oregon court.
Key bolts were missing
The investigation into the blowout revealed that four bolts securing the so-called door plug panel were removed and not replaced during a repair while the Boeing 737 Max 9 aircraft was being assembled. Both Boeing and key supplier Spirit Aerosystems, which has since been acquired by Boeing, were implicated.
The bolts are concealed behind interior panels in the plane, making them not easily checkable during preflight inspections by the pilot or any airline personnel. NTSB investigators determined the door plug gradually moved upward over 154 flights prior to the incident before eventually flying off.
“Boeing’s lie also enraged Captain Fisher, as he was criticized for his actions rather than praised,” Fisher’s attorneys wrote. “Since he had flown Boeing aircraft throughout his employment with Alaska Airlines, Boeing’s attempts to blame him felt like a profound personal betrayal by a company that claimed to hold pilots in the highest esteem.”
The NTSB explicitly stated this was caused by a manufacturing issue and the crew’s actions were exemplary. Experienced pilot John Cox, CEO of the aviation safety consulting firm Safety Operating Systems, stated the crew did an outstanding job given the circumstances, and no one has criticized the crew.
“I believe Boeing’s lawyers were somewhat clutching at straws,” Cox remarked.
Terrifying moments
The blowout occurred minutes after the flight departed Portland, Oregon, creating a roaring air vacuum. Seven passengers and one flight attendant suffered minor injuries, but the plane landed safely.
A 2-foot-by-4-foot (61-centimeter-by-122-centimeter) section of the fuselage behind the left wing had blown out. Only seven seats on the flight were unoccupied, including the two seats nearest the opening.
Boeing factory workers told NTSB investigators they faced pressure and were asked to perform jobs for which they weren’t qualified.
Fisher’s lawsuit details how he and the first officer acted promptly after losing cabin pressure when the panel blew out, flying the plane safely back to Portland while descending altitude and coordinating with air traffic controllers to avoid other aircraft in the area.
The airline did not respond to a question regarding whether Fisher still flies for them, and the lawsuit described him as a citizen and a highly respected member of the aviation community. It wasn’t clear Tuesday if he was still working as a pilot.
Working to improve safety
At the time, Stan Deal, head of Boeing’s commercial airplane division, commended the Alaska Airlines crew for safely landing the plane in a memo to employees following the incident.
Boeing did not directly comment on this new lawsuit. However, the company’s CEO, Kelly Ortberg, has made enhancing safety a top priority since he assumed the top position at Boeing in August 2024.
The FAA took action regarding safety violations detected by inspectors after the door plug incident. In October, the agency permitted Boeing to boost production of the 737 Max to 42 planes per month as inspectors were satisfied with the company’s safety improvement measures.
Alaska Airlines also declined to comment on the lawsuit but stated the airline remains “grateful to our crew members for their bravery and quick thinking displayed on Flight 1282, which ensured the safety of all on board.”