3 passengers sue Alaska Airlines after off-duty pilot accused of trying to cut engines mid-flight
Three passengers sued Alaska Airlines on Thursday, saying they suffered emotional distress from an incident last month in which an off-duty pilot is accused of trying to shut down the engines of a plane while catching a ride in the cockpit from Washington state to San Francisco.
In the complaint filed Thursday in King County Superior Court in Washington state, San Francisco residents Matthew Doland and Theresa Stelter and Paul Stephen of Kenmore, Washington, alleged that the pilot -- later identified as 44-year-old Pleasant Hill resident Joseph Emerson -- should never have been allowed in the cockpit because he was suffering from depression and a lack of sleep.
Alaska Airlines said in an emailed statement that it is reviewing the complaint. "The pilots and flight attendants operating Flight 2059 responded without hesitation to ensure the safety of all onboard," it added. "We are incredibly proud and grateful for their skilled actions."
Alaska pilot Emerson was riding in the jump seat — an extra seat in the cockpit — when he suddenly said "I'm not OK" and tried to pull two handles that would engage a fire-suppression system and cut fuel to the engines, authorities said in charging documents.
Flight 2059, operated by Alaska affiliate Horizon Air, diverted safely to Portland, Oregon, after the pilots quickly subdued Emerson and he was voluntarily handcuffed in the back of the plane, police said.
Flight attendants seated Emerson in the back of the plane. As the plane was making its descent to Portland's airport, Emerson tried to grab the handle of an emergency exit, prosecutors said. A flight attendant placed her hands on his to stop him, and the flight landed safely with more than 80 people on board.
Last week, airline officials confirmed that Emerson has been "removed from service indefinitely and relieved from all duties at Alaska Airlines."
In charging documents, police said Emerson told police after his arrest that he'd had a nervous breakdown, had been struggling with depression and the recent death of a friend, and hadn't slept for 40 hours, according to charging documents.
His defense attorney Levi later clarified that his friend, who was a best man at his wedding, actually passed away about six years ago.
Emerson also said he had taken psychedelic mushrooms for the first time about 48 hours earlier. It's not clear whether he took them recreationally or in an attempt to self-medicate, but psilocybin is increasingly being recognized in the U.S. for its potential to aid mental health. The pilots and others who encountered Emerson said he did not appear intoxicated.
The lawsuit said the plane experienced "what felt like a nose-dive," though some passengers quoted in news accounts have not described any such thing.
According to the complaint, the plaintiffs have suffered from 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 says the airline owed the highest duty of care to its passengers and failed to follow that when it allowed Emerson in the cockpit.
"Airlines can and should take simple and reasonable steps before each flight to challenge the presumption that every pilot who shows up at the gate is rested, sober, and in the right state of mind to fly," Daniel Laurence, aviation lawyer at The Stritmatter Firm, which is representing the plaintiffs, said in a statement. "Emerson's statements while in the air and shortly after his arrest show that had the airlines here done so, he would never have been allowed aboard. ... Only luck prevented it from becoming a mass disaster."
It is a common practice for off-duty pilots to catch rides in jump seats, and in some rare emergencies they have pitched in to help, even saving lives.
Emerson has pleaded not guilty to attempted murder charges in Oregon state court and faces arraignment later this month on a federal charge of interfering with a flight crew.
