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Fired United Pilot Loses Lawsuit Over Millions of Dollars in Damage from Brutal Landing

Fired United Pilot Loses Lawsuit Over Millions of Dollars in Damage from Brutal Landing

A United Airlines Boeing 767 with a close-up of damage caused by a hard landing

A terminated United Airlines pilot who sued the carrier for defamation after he was accused of botching the landing of Boeing 767, which sent huge shockwaves through the fuselage and caused millions of dollars worth of damage, has had his lawsuit thrown out by a federal judge.

close up of damage caused to United Airlines Boeing 767 during hard landing
The NTSB published this close-up of the damage caused to the fuselage on the left-hand side of the airplane.

Romullo Silva filed his lawsuit against the Chicago-based carrier in December 2024, seeking damages in excess of $100,000 over claims that United made him a scapegoat for the accident by making false statements to the Federal Aviation Administration (FAA).

The complaint alleged that United’s ‘false and defamatory’ had the practical effect of making it impossible for Silva to find employment with any other airline.

The controversial lawsuit stems from an incident on July 29, 2023, when Silva was the pilot flying a Boeing 767 from Newark to Houston Intercontinental Airport as flight UA702 with 193 passengers onboard.

United Airlines Boeing 767 after it spent months in a hangar for extensive repairs to its fuselage
After seven months of extensive repairs, the airplane was spotted with the damaged part of the fuselage replaced and ready to be painted. Credit: Reddit.

When the plane suffered a hard landing, which, according to an accident report by the National Transportation Safety Board (NTSB), sent the equivalent of 1.4g of gravitational force through the nose wheel.

The aircraft then bounced and once again hit the runway for a second time, this time sending the equivalent of 1.6g of gravitational force through the nose wheel.

Once again, the aircraft bounced and, on the third and final impact with the runway, sent a further 1.6g of gravitational force through the nose wheel.

The hard landing resulted in severe damage to the fuselage on the left-hand side of the aircraft, with a ‘ripple’ and crumpling clearly visible in the metalwork.

United Airlines was forced to ground the aircraft immediately while engineers worked out whether it would even be worse to send the plane for repairs. Surprisingly, however, United did get the fuselage fixed – a process that took seven months.

“The court has no information regarding whether the FAA has disclosed or would disclose such a report to plaintiff’s would-be employers, or whether the contents of this unspecified report would render plaintiff ineligible for an in-flight employment position.”

U.S. District Judge William J. Martini

Silva had been working as a First Officer for just seven months at the time of the accident, and while he admits he was the pilot flying the aircraft at the time of the accident, his lawsuit claimed the Captain was responsible for the unusual landing because he failed to arm the speed brake.

United immediately pulled Silva from flight duties following the accident, and four months later, he was called in to complete a ‘check ride’ in the simulator to assess his flying skills.

Silva failed the check ride, and within a couple of weeks, United terminated his employment.

Following the accident, United allegedly submitted a report to the Federal Aviation Administration (FAA) claiming that Silva was the ‘Pilot in Command’ of PIC – a role that can only ever be carried out by a pilot of Captain rank.

This “false statement” had the effect of making Silva unemployable as a pilot for another airline, the lawsuit alleged.

United, however, requested a summary judgment to dismiss Silva’s suit, and last week, US District Judge William J. Martini ruled in the airline’s favor.

Martini came to the conclusion that just because United told the FAA that Silva was the PIC, there was no knowing that the FAA would disclose that information to a would-be employer or even whether the report would make Silva ineligible for employment with another airline.

Following the 2023 accident, the 34-year-old aircraft (registration: N641UA) continues to fly for United.

Although such an extensive repair job is unusual, it’s not unheard of. In 2019, a Delta Air Line Boeing 757 sustained similar damage after a hard landing in the Azores. Delta decided to have the aircraft repaired rather than scrapping it, and in that case, the plane was back in service in just four months.

View Comment (1)
  • According to the FARs.
    § 91.3 Responsibility and authority of the pilot in command.
    (a)The pilot in command of an aircraft is directly responsible for, and is the final authority as to, the operation of that aircraft.
    (b) In an in-flight emergency requiring immediate action, the pilot in command may deviate from any rule of this part to the extent required to meet that emergency.
    (c) Each pilot in command who deviates from a rule under paragraph (b) of this section shall, upon the request of the Administrator, send a written report of that deviation to the Administrator.
    Thus: I can’t see how the F/O could be considered “pilot in command”. He/she could be the “pilot flying” or “pilot not flying” but NOT the PIC. One might think that the captain would yell, “I HAVE THE CONTROLS” and stop the situation before hand or after the first bounce. Now with my company, the “spoilers”? ” armed” is a dual response…”armed”

    There must be something we’re not being told.

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