Two additional people have filed a lawsuit against Delta Air Lines and Japan Airlines over a ground collision between two passenger jets at Seattle-Tacoma International Airport earlier this year.
According to the complaint filed Tuesday in U.S. District Court, Donna Robertson and her brother Cary Baylis were aboard Delta flight 1921 when it was struck by a Japan Airlines plane on February 5, 2025.
A similar lawsuit was filed in March.
The Delta flight was headed to Puerto Vallarta and was stopped on the ramp, awaiting permission to approach the runway, when Japan Airlines flight 68, arriving from Tokyo, clipped the Delta plane’s tail with its wing.
The incident happened around 10:15 a.m. near the S Concourse and the airport’s south maintenance hangar.
Delta said at the time there were no injuries reported and apologized for the delay in travel.
However, the lawsuit alleges that both plaintiffs sustained injuries that worsened in the days after the crash.
Robertson, who has a history of back surgeries and had a wheelchair notation on her ticket, was reportedly holding a baby and assisting her other child when the impact caused her knee to slam into the seat in front of her.
Her body went into spasm, according to the complaint.
Baylis, who is non-verbal and has autism, did not speak after the crash, but Robertson says she could see him favoring his right shoulder, back, and leg.
The pair remained on the plane after other passengers deboarded, waiting for medical assistance.
The complaint also points to international law as a key element in the case.
Because the Delta flight was bound for Mexico, attorneys argue the Montreal Convention of 1999 governs liability.
That treaty allows for compensation of up to about $215,000 per passenger without the need to prove fault.
Beyond that threshold, Delta would have to prove it was not responsible for the injuries and that another party—such as Japan Airlines, airport ground crews, or air traffic control—was solely to blame.
“Plaintiffs need only establish that they were passengers on the Delta plane and prove the nature and extent of their injuries,” the initial lawsuit stated. “The Montreal treaty also unusually provides that… it is Delta that must prove that it was not at fault.”
The lawsuit includes claims of treaty liability, common carrier negligence, negligence, gross negligence, loss of consortium, and negligent infliction of emotional distress against one or both airlines.
Robertson is also listed as Baylis’ legal guardian.
According to the filing, the lawsuit seeks over $75,000 in damages and a jury trial.
The first lawsuit has a trial date set for Jan. 25, 2027.
It also calls for injunctive relief requiring pilot retraining on taxi procedures and safety.
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