Groggy Air Canada pilot’s sudden dive triggers passengers’ lawsuit

Air Canada is facing a $20-million lawsuit over a bizarre incident last year when a sleepy co-pilot, mistakenly fearing collision with an oncoming nearby plane, took his Boeing 767 into a steep dive to avoid it.

The class action filed in Ontario Superior Court on behalf of two unnamed passengers on Flight 878 to Zurich from Toronto claims punitive damages, alleging Air Canada tried to blame the abrupt plunge on turbulence.

The federal Transportation Safety Board's report last month revealed the true reason for the 400-foot nighttime nosedive that injured more than dozen passengers, seven of whom had to be checked out in hospital.

In the statement of claim obtained by The Canadian Press, the suit alleges Air Canada blamed the dive on turbulence and "actively covered up the true cause of the terrifying episode."

"The passengers are pissed off that they appear to have been lied to by Air Canada,'' lawyer Darcy Merkur told The Canadian Press.

"They were told that this was turbulence and now they find out it wasn't turbulence at all.''

The claim, which demands $20 million in general and punitive damages, remains unproven in court and the class action still needs to be certified by a judge.

Air Canada spokesman Peter Fitzpatrick said the company believes the suit has "no merit."

According to the safety board's report, the co-pilot on the Jan. 14, 2011, flight had awoken from a 75-minute nap (Air Canada pilots routinely take a "controlled rest" for a maximum 40 minutes), as the captain was making a position report to air-traffic controllers.

Coincidentally, an oncoming U.S. Air Force cargo plane heading in the opposite direction showed up as a target on their traffic alert and collision avoidance system and the captain informed the co-pilot.

The TSB report said the groggy co-pilot, who also said he wasn't feeling well, initially mistook the planet Venus as the oncoming plane but the captain pointed out it was a thousand feet below them.

When the two jets flashed their landing lights at each other, the co-pilot thought the approaching plane was above and descending towards them. He pushed his control column forward to avoid what he thought would be a mid-air collision.

The captain intervened as the air force jet passed beneath them.

The sudden dive injured 14 passengers in economy class and two flight attendants, the TSB report said. The flight continued to Zurich, where the injured were treated for soft-tissue injuries and cuts.

Passenger Linda Jaragina-Sahoo of Banff, Alta., told The Canadian Press she was very angry at Air Canada for not revealing the real cause of the dive.

Jaragina-Sahoo, who was pregnant at the time, said Air Canada paid her $3,500 to cover medical bills and time off work.

"I have been lied to for 15 months by this airline,'' said Jaragina-Sahoo, who added she's now terrified of flying.

"Obviously, I would not have settled for the amount they offered me had I known it was a human error rather than just a course of nature.''

Passenger Ashlyn O'Mara told CBC News that besides Air Canada's alleged deception, she's concerned about pilot fatigue.

"It should be a wakeup call to everyone that something isn't right and that pilot fatigue is a serious problem that can affect anyone who flies," she said.