Here it is, no paywall -
https://www.courthousenews.com/wp-co...fort-worth.pdf
To be fair, you must not have watched the video of how trim runaway is a #1 priority for control and how easily it is managed. Because of that you didn't see that pulling the plug on the autopilot and the autothrottle were nearly reflex actions, with both pilots ensuring the throttle was set correctly with actual hands on actual levers.
What you also didn't see in the Ethiopian reports was any hint Ethiopian took even one dollar and spent it on a refresher in the simulator in response to the emergency AD.
Win-win. If they crash they get a discount and Tigray is removed from the headlines. If they don't crash they saved a few training dollars.
How a fully documented event as occurred to the Lion Air 2nd crew can be considered a "cover-up" is beyond me. Every scrap of the necessary information was in the report and every response required was in the Emergency AD.
There are a lot of things in that section of the filing they hope are relevant, but hope does not evidence or truth create.
The reason for not concentrating on AoA sensor failure is that there could be other failures that produced the same symptoms. Deal with the symptom and let the maintainers determine the cause, don't give pilots a diagnostic chart for equipment they cannot repair. There was no control rendered inoperative by MCAS, except MCAS. In contrast, the failure of the AoA system disabled the autopilot and the autothrottle - the same as has happened to Airbus at least twice. They lucked into hero pilots somehow.
Boeing knew as much as everyone about it after the preliminary report - no airline took the planes out of service, no CAA questioned the Emergency AD or the FCOM update. It must be quite a shock that engineers looking at how the trim runaway is to be managed would not expect a crew doing every wrong action possible as the ET-302 crew did. A winding cliff-side road, a low tire - push the gas pedal to the floor and yank the wheel as hard towards the precipice as possible. Even Lion Air was going OK as long as the captain was in charge - he retrimmed 20 times before letting the FO have at it.
"Boeing’s internal Safety Review Board had identified an ongoing “airplane safety issue” " There is a reason the lawyers didn't mention in the complaint what that issue was. Is it because it had nothing to do with the two crash causes?
And here is the lawyer lie:
Mr. Forkner: [...] MCAS is now active down to M .2. It's running rampant in the sim on me
Mr. Gustavsson: Oh great, that means we have to update the speed trim description in vol 2
Mr. Forkner: so I basically lied to the regulators (unknowingly) [...] granted, I suck at flying, but even this was egregious/
That exchange describes what happened in Lion Air and Ethiopian Air.
The men and women who are gathered here with the photos of your loved ones—
346 people are dead because [of] what these chief pilots described as ‘egregious'
and ‘crazy' - that's their language. That’s Boeing's internal language in this
exchange.
In fact what Forkner described is not what happened to Lion Air or Ethiopian Air. This is simply a false narrative. No question at all. Not even close. The lawyer, Ted Cruz, knows it or should know it. It fails due diligence by a mile. I missed where the "crazy" reference was plucked from; that may just be laziness to fail to include it.
Any mention of Cruz is marred as an unreliable narrator, but it helps to sway the judiciary to have a state senator on your side.
The fact is this lie was repeated as evidence in the complaint. Another failure of due diligence.
Before one claims it was a simple mistake - aren't lawyers supposed to be sure of their facts? Is Ted Cruz that incompetent in spite of being known as one of the best prepared lawyers in every setting it has come up? Nope - Ted isn't incompetent. He is hoping that J. Q. Public will believe what he said. Perhaps he was riding the wave of indignation or perhaps the Boeing lobbyists didn't produce a sufficient offering. But what of that slate of lawyers? Are all of them that incompetent or are they too hoping what they wrote will simply be accepted as fact?
The real reason that Boeing declined to answer the questions about MCAS is that truthful answers would have revealed that additional pilot training was required for pilots transitioning to the 737 MAX
So the evidence MCAS was hidden is based on unsubstantiated claims by attorneys who fail to perform due diligence before repeating a lie as evidence?
I get it - it's the impassioned speech one prepares when the facts are weak. After Lion Air the entire industry accepted the preliminary report explaining how it worked and the Emergency AD and FCOM updates were issued as the solution - the same solution that had already been used and proven the day before the Lion Air crash. It was acceptable to all parties: no CAAs demanded the plane be grounded, no airlines walked away, no pilots quit for safety concerns, no pilots apparently sweating like being ushered to the electric chair as they took their seats. And no one went into a simulator to prove it would or would not work.
No one was concerned about the information until Ethiopian crashed and an entirely fictitious story about how it was handled was fabricated.
Because - Win-Win.
The above-recounted facts
aren't all facts. Many are speculation, some are outright lies.