By Gene Johnson, Associated Press
Updated: 5 hours ago Published: 6 hours ago
SEATTLE – Three passengers sued Alaska Airlines on Thursday, alleging an incident last month in which an off-duty pilot was accused of attempting to shut down a plane’s engines during a cockpit rideshare from Washington state. San Francisco was emotionally charged.
In the lawsuit filed Thursday in King County Superior Court in Washington state, San Francisco residents Matthew Doland and Theresa Stelter and Paul Stephen of Kenmore, Washington, claimed that the pilot should never have been allowed into the cockpit because he was on Depression suffered from lack of sleep.
Alaska Airlines said in an emailed statement that it was reviewing the complaint. “The pilots and flight attendants of Flight 2059 responded without hesitation to ensure the safety of everyone on board,” it said. “We are incredibly proud and grateful for their competent actions.”
Alaska pilot Joseph David Emerson, 44, was sitting in the jump seat – an extra seat in the cockpit – when he suddenly said, “I’m not feeling well” and tried to pull two handles that activate a fire suppression system and cut off fuel would go to the engines, authorities said in charging documents.
[Risk a $250K fine or months without pay? Pilots are reluctant to seek mental health help.]
The plane, Flight 2059, operated by Alaska subsidiary Horizon Air, was safely diverted to Portland, Oregon, after pilots quickly subdued Emerson and he was voluntarily handcuffed in the back of the plane, police said.
The lawsuit said the plane experienced “a perceived nosedive,” although some passengers quoted in news reports described nothing of the sort. Passenger Aubrey Gavello told ABC News, “We didn’t know anything was happening until the flight attendant called on the loudspeaker and announced there was an emergency situation and the plane needed to land immediately.”
According to the lawsuit, the plaintiffs suffered anxiety, insomnia, fear of flying and other emotional effects as a result of the incident. The lawsuit seeks class action status on behalf of other passengers and alleges that the airline owed its passengers the highest duty of care and failed to do so when it allowed Emerson into the cockpit.
“Airlines can and should take simple and common-sense steps before every flight to challenge the assumption that every pilot who shows up at the gate is rested, sober and in the right frame of mind to fly,” said Daniel Laurence, aviation attorney at The Stritmatter The company representing the plaintiffs said in a statement. “Emerson’s statements during the flight and shortly after his arrest show that he would never have been allowed on board if the airlines had done so. … Only luck prevented a mass catastrophe from occurring.”
It’s common practice for off-duty pilots to ride in jump seats, and in some rare emergencies they have stepped in to help and even save lives.
Emerson pleaded not guilty in Oregon state court to attempted murder and faces a charge of obstructing a flight crew later this month.