BOEING MUST FACE OUTRAGE CLAIM IN WASHINGTON STATE COURT
June 25, 2025
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On May 8, 2025, the King County Superior Court in Washington (the “State Court”) sided with passengers aboard Alaska Airlines Flight 1282 (“Flight 1282”) where a door plug detached mid-flight and denied Boeing’s arguments seeking to dismiss a cause of action for outrage. A claim for outrage arises when a plaintiff experiences emotional distress so severe that no reasonable person should be expected to endure it. To prevail on such a claim, a plaintiff must prove three elements: (1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional distress, and (3) actual result to the plaintiff of emotional distress. Since the alleged conduct (i.e., failing to ensure proper installation of four retention bolts on the aircraft in question) was neither extreme nor outrageous and no allegations were made such that emotional harm was intended for specific passengers, Boeing filed a partial motion to dismiss. Passengers aboard Flight 1282 opposed Boeing’s partial motion to dismiss and reasoned that manufacturing/operating an aircraft without a secure mid-exit door plug was outrageous as a matter of law. If true, the passengers contend that their claim for outrage was sufficiently pled such that a jury could determine whether Boeing and the other named defendants (i.e., Alaska Airlines and Spirit Aerosystems) demonstrated extreme and outrageous conduct, especially in light of two recent fatal airline disasters. Given the fact that the State Court denied Boeing’s partial motion to dismiss, the claim for outrage can proceed such that Boeing could be required to pay significant sums to compensate passengers for emotional distress relating to the Flight 1282 incident. A jury trial could be forthcoming where Boeing and the other named defendants would have to disprove the claim for outrage in addition to other claims asserting product liability theories. We will monitor this litigation because compensation owed could be sizable if the passengers prevail and could provide a framework by which passengers raise outrage claims in future aviation disaster-related suits.
This Aviation Blog is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Evelyn Sahr at 202.659.6622 or esahr@eckertseamans.com; Drew Derco at 202.659.6665 or dderco@eckertseamans.com, Jay Julien at 202.659.6648 or jjulien@eckertseamans.com; or Tyler Myers at 202.659.6642 or trmyers@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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