Three passengers have filed a lawsuit against Alaska Airlines after an off-duty pilot attempted to turn off the engine of their plane mid-flight. The lawsuit was filed last Thursday in King County Superior Court in Washington state by San Francisco residents Matthew Doland and Theresa Stelter, along with Kenmore, Washington, resident Paul Stephen. The three plaintiffs are seeking class-action status on behalf of the other passengers who were on the flight.
The lawsuit stems from an incident last month in which an off-duty Alaska Airlines pilot, 44-year-old Joseph David Emerson, was riding along with the pilot in the extra seat of the cockpit on Horizon Air Flight 2059 (Horizon Air is an affiliate of Alaska Airlines). According to the Seattle Times, shortly into the flight, Emerson said, “I’m not OK” and attempted to pull down two handles that would turn on the fire-suppression system and cut fuel to the engines.
Emerson was quickly subdued by the pilots and was voluntarily handcuffed and placed in the back of the plane. The flight, which was traveling from Everett, Washington, to San Francisco, diverted to an emergency landing in Portland, Oregon. After landing, Emerson was arrested.
Audio recordings from the incident shed light on what happened in the cockpit. A crew member can be heard telling Portland air traffic control, “I’ll just give you a heads-up. We’ve got the guy that tried to shut the engines down out of the cockpit.” The crew member continues in a calm voice, “It doesn’t seem like he’s causing any issue at the back. I think he’s subdued.”
According to the lawsuit, the three passengers say they have suffered from insomnia, anxiety, fear of flying, and other emotional distress as a result of the incident. They are seeking special and general damages to be determined at a trial. The lawsuit is also seeking class-action status on behalf of other passengers.
Additionally, the lawsuit is seeking injunctive relief that would mandate Alaska Airlines and its affiliate, Horizon Air, to conduct thorough examinations, including mental health checks of all flight crew, including jump seat passengers.
The plaintiffs maintain that Emerson should not have been allowed in the cockpit because he was suffering from mental health issues, including depression and a lack of sleep.
After his arrest, Emerson was charged with state-level charges, including 83 counts of attempted murder, 83 counts of reckless endangerment, and one count of endangering an aircraft. Emerson has since pleaded not guilty to the charges. Court documents reveal that two days before boarding the plane, Emerson had taken “magic mushrooms,” had not slept for 40 hours, and was suffering from depression. Emerson told investigators that during the incident, he believed that he was dreaming and that he wanted to wake up.
Attorneys for the plaintiffs say it’s the airlines that “need a wake-up call.” Representing the plaintiffs, aviation lawyer Daniel Laurence shares, "We understand that most pilots are heroes every day for safely operating our airliners, but they are not immune from sleeplessness, drinking, drugs, or a mental health crisis.”
Paul Stephen, a plaintiff in the lawsuit, shared with the Seattle Times that the time between Emerson being subdued and the plane landing in Portland was “20 minutes of pure hell.” He adds, “There was a fear. I had it in my body.”
Following the event, the airline issued a statement that read in part, “We have received the complaint and are reviewing it. The pilots and flight attendants operating Flight 2059 responded without hesitation to ensure the safety of all onboard," adding, "We are incredibly proud and grateful for their skilled actions."
The airline also released a statement two days after the incident, which explained that Emerson did not pose any signs of impairment during the check-in or boarding process.
