Plaintiffs seek $100 million in punitive damages for defective design of Boeing 787
ATLANTA – Two passengers injured during a terrifying mid-air incident aboard a Boeing 787-9 Dreamliner have filed a lawsuit against Boeing, alleging that a defective pilot seat switch caused the aircraft to suddenly lose control during flight.
Nathaniel Deschine and Melanie Deschine filed the complaint in the Court of Common Pleas for Charleston County, South Carolina, seeking compensatory and punitive damages after an incident aboard LATAM Flight LA800 on March 11, 2024.
According to the complaint, the Boeing aircraft abruptly entered a violent nosedive while traveling from Sydney, Australia, to Auckland, New Zealand, causing passengers, luggage, and objects to be thrown into the cabin ceiling and across the aircraft. More than 50 passengers were reportedly injured in the event.
The lawsuit alleges that the incident was caused by a defectively placed seat switch on the captain’s seat, which propelled the pilot forward into the aircraft’s control instruments and triggered the sudden dive/
Passengers Report Chaos and Fear of Imminent Crash
The complaint describes a chaotic scene in the cabin as the aircraft dropped without warning.
Passengers who were not wearing seatbelts were reportedly thrown to the ceiling and remained suspended there for several seconds before falling back down onto seats and the floor, causing serious injuries.
According to the filing, many passengers believed the aircraft would crash during the incident.
The pilots ultimately regained control of the aircraft and safely landed in Auckland.
Claims of Known Defect and Safety Failures
The complaint alleges that Boeing knew or should have known about problems involving seat switch malfunctions on pilot seats in Boeing 787 aircraft. The Federal Aviation Administration had reportedly received multiple reports related to such malfunctions.
The lawsuit further claims Boeing failed to correct the hazard before passengers were put at risk.
The plaintiffs also cite broader safety concerns involving Boeing, referencing prior regulatory warnings, whistleblower complaints, and past aircraft incidents in arguing that Boeing maintained a corporate culture that placed profits over safety.
Claims in the Lawsuit
The complaint asserts several legal claims against Boeing, including:
- Negligence
- Strict product liability
- Breach of warranty
- Failure to warn
- Violations of federal aviation safety standards (pled in the alternative)
The plaintiffs are seeking compensatory damages for physical and psychological injuries as well as $100 million in punitive damages.
The lawsuit was filed March 5, 2026 in the Ninth Judicial Circuit, Charleston County, South Carolina, where Boeing operates manufacturing facilities. The filing is CASE#2026CP1001164.
The plaintiffs are represented by Jonathan W. Johnson LLC and Motley Rice, LLC. They may be contacted at jwj@jonathanjohnsonatlantalawyer.com. The firm’s website is https://jonathanjohnsonatlantalawyer.com
