A jury trial opened this week in U.S. District Court in Seattle in LOT Polish Airlines’ lawsuit against Boeing over losses tied to the 737 MAX 2019 worldwide grounding of the 737 MAX. According to court records, LOT filed the case in 2021, alleging fraudulent misrepresentation, negligent misrepresentation and warranty claims after the MAX was grounded following the crash of Ethiopian Airlines Flight 302.
The case centers in part on Boeing’s statements about the 737 MAX before LOT committed to the aircraft and on the Maneuvering Characteristics Augmentation System, or MCAS, which was implicated in the Lion Air Flight 610 and Ethiopian Airlines Flight 302 accidents. In a 2023 discovery order, U.S. District Judge Ricardo S. Martinez wrote that LOT alleged Boeing made misrepresentations and purposeful omissions as to the 737 MAX’s airworthiness.
The court also found that certain document requests sought information related to Boeing’s knowledge about problems with the 737 MAX. These include records tied to the design, development, testing and certification of MCAS, materials from former Boeing 737 chief flight technical pilot Mark Forkner and Boeing board meetings where the 737 MAX was discussed.
“This case is about Boeing’s lies and deception and the devastating financial harm it caused,” LOT attorney Anthony Battista said, according to Reuters. Boeing has denied LOT’s claims and argued in opening statements that the airline continues to operate 737 MAX aircraft, Reuters reported.
The case is being heard before Martinez in Seattle, where Boeing is defending against the airline’s claims for damages related to the grounding.