Comair, the South African airline that ceased operations in June 2022, has sued Boeing for fraud in a US federal court in Seattle, reports Reuters.
The airline is seeking damages of at least $83 million from the American aerospace manufacturer. The suit was filed on February 6, 2023, and accuses Boeing of committing fraud over its failure to8 disclose problems with a key flight control system tied to two fatal 737 MAX crashes in 2018 and 2019 in Indonesia and Ethiopia that killed 346 people and led to the MAX’s 20-month grounding.
Comair in its suit accuses Boeing of placing profits over safety and leading with a plan of deception. The airline claims to have relied on Boeing’s misrepresentations and concealment of material facts in deciding to purchase eight B737 MAX aircraft.
The deal was entered into on September 19, 2013, for a total aircraft base price of over $98 million. However, the worldwide grounding of the type after the two fatal accidents contributed to the demise of Comair, which was provisionally liquidated in the South African High Court on June 14, 2022.
Comair says it had paid Boeing over $45 million in advanced payments for seven B737-8s and full payment on the one B737 MAX it had received.
Following the grounding, Comair cancelled the order, but Boeing refused to return the advanced deposits on the seven aircraft it never delivered. The airline says it has suffered additional damages as a result of the grounding, resulting in a total loss of over $83 million.
Boeing declined to comment on the lawsuit, stating “We don’t comment on pending litigation,” as reported by CH-Aviation.
The lawsuit is similar to another one filed by Polish national airline PLL LOT in late 2021 in Seattle, which is still pending.
The lawsuit by Comair against Boeing adds to the growing list of legal battles the American aerospace manufacturer is facing over the 737 MAX crashes.
A new lawsuit has been filed against Boeing by a lawyer representing survivors of victims in the 737 Max crash. The lawsuit argues that Boeing would be violating its settlement with the US Department of Justice by claiming that it does not feel guilty. The case was filed on February 1, 2023, in the District Court for the Northern District of Texas.
In January 2021, Boeing reached an agreement with the DOJ, under which the company agreed to pay $2.5 billion in compensation and fines to affected airlines and victims’ families. However, despite the settlement agreement shielding the company from further prosecution, U.S. District Judge Reed O’Connor ordered Boeing to appear in court in October 2022.
