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A Washington couple is the first to file a lawsuit against Delta Airlines and Japan Airlines after the two planes had a minor collision while taxiing at the Seattle-Tacoma International Airport in early February.

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 What happened

On Feb. 5 around 10:15 a.m., a Japan Airlines (JAL) aircraft hit the tail of a parked Delta plane. The incident occurred on the ramp between the S Concourse and the south airport maintenance hangar.

“While in sequence for deicing, the tail of a Delta 737 aircraft reportedly made contact with a wing tip of another airline’s aircraft. There are no reports of injuries for crew or customers on the flight, and we apologize for the experience and delay in travels,” Delta said in a statement to ³ÉÈËXÕ¾ 7 in February.

The Delta flight was heading to Puerto Vallarta and the JAL flight had just landed from Toyko. There were 142 passengers onboard at the time.

“These little ground collisions are not common,” aviation industry expert Scott Hamilton told ³ÉÈËXÕ¾ 7 in February. “But they’re not unknown and usually no one is hurt.”

An American Airlines flight clipped a United flight while taxiing in Chicago in January.

“A parked plane may be parked where it should not be, or it could be that the airplane taxiing is a little off the center line,” Hamilton said on these instances. “There are a couple of different reasons for it, but obviously, somebody was out of position.”

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 The lawsuit

While no injuries were initially reported, Hermann Law Group, representing two of the passengers on the Delta flight, said the couple’s injuries got worse in the following days after the collision.

The lawsuit did not specify their injuries, just that they were injured.

The complaint alleges that the Washington couple and their two young daughters were injured in the incident.

“Considering that the JAL aircraft, fully loaded with passengers, luggage, other cargo, and remaining fuel had to weigh in excess of 150 tons, coupled with the fact that it struck the Delta aircraft sideways producing a twisting impact on the passengers, it is no wonder that many of the passengers suffered serious spinal sprains and strains,” attorney Lara Hermann said.

Hermann also points out that the woman was holding her 6-month-old baby and tending to her other child when her plane was struck.

Because the family was on an international flight to Mexico, Hermann said the collision is legally governed by the Montreal Convention of 1999, which states:

“According to the terms of that treaty, each passenger is entitled, without proof of fault, to as much as about $200,000. Plaintiffs need only establish that they were passengers on the Delta plane and prove the nature and extent of their injuries. The Montreal treaty also unusually provides that for injures in excess of the $200,000 limit, it is Delta that must prove that it was not at fault in the accident, that it was entirely JAL’s fault or the fault of some other third party such as ground crews or even the Air Traffic Control.”

The complaint alleges their claims to be in excess of $75,000, according to the suit.

“The issue of safety failure is the same whether passengers’ injuries are fatal or non-fatal. The recent surge in incidents and close calls is extremely troubling. It shouldn’t feel like this every time someone gets on a plane,” Hermann said.

• Both airlines are being sued for:
• Treaty liability
• Common carrier negligence (Delta)
• Negligence (JAL)
• Gross negligence (both airlines)
• Negligent infliction of emotional distress (both)

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The law firm is seeking a trial by jury on behalf of their clients.

³ÉÈËXÕ¾ 7 has reached out to both Delta Airlines and Japan Airlines for comment and has yet to hear back.