By Tara Lynch
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BALTIMORE, Maryland (WJZ) — A law firm has launched an investigation after a truck driven by a Baltimore man was hit by a United Airlines jet in New Jersey, saying they are pursuing compensation for their client.
According to the Law Office of J. Wyndal Gordon, Warren Boardley Jr. was injured after the United Airlines jet hit the truck as he was driving on the New Jersey Turnpike on Sunday, May 3.
“This is a deeply serious incident that demands a thorough and independent investigation,” attorneys said Tuesday. “Aviation operations, including approach and ground safety procedures, must be conducted with the highest regard for public safety.” Gordon and Boardley’s father, Warren Boardley Sr., a known member of Baltimore’s boxing community, said during a Tuesday afternoon news conference that they have yet to hear from United.
But before they consider any litigation, they seek to find out what happened.
“There are a lot of facts that we need to know the answers to that we just don’t have, but our mission, our goal, our objective, is to find these answers and to get the relief that Mr. Boardley is going to need,” Gordon said.
The attorney said that at this point, they are “nowhere near” filing a lawsuit.
“First of all, we have to find out what happened. Planes don’t just drop out of the sky, and they don’t normally hit 18-wheelers along the New Jersey Turnpike,” Gordon said. “We are not just going to file a lawsuit without having enough facts that we believe we can reasonably prove our case.”
Gordon added, “It could be that United Airlines could eventually reach out to us and ask us what we can do to resolve this. That may or may not be wishful thinking. Yes, we are lawyers and advocates, and I am a litigator, but before you get to litigation, you really need to know the facts.” The National Transportation Safety Board (NTSB) is also looking into the incident, calling it an “accident.”
“How did this collision occur? Was it pilot error, mechanical malfunction, was it weather, was it something happening inside the cabin of the aircraft, was it air traffic control? We don’t know, and that’s what we need to know,” Gordon said.
Gordon says he sent 12 letters and additional Freedom of Information Requests to various involved parties, including United Airlines.
In a statement, United Airlines said the jet hit a pole and that it is investigating.
“Upon its final approach into Newark International Airport, United flight 169 came into contact with a light pole. The aircraft landed safely, taxied to the gate normally and no passengers or crew were injured. Our maintenance team is evaluating damage to the aircraft. We will conduct a rigorous flight safety investigation into the incident and our crew has been removed from service as part of the process.”
Flight UA169, a Boeing 767, was trying to land at Newark Liberty International Airport when it hit the truck with a landing gear tire.
The tire went through the window and windshield of the truck, which belongs to H&S Bakery in Baltimore.
The company said Boardley Jr. was heading to a Schmidt bakery depot in Newark at the time of the incident.
Boardley Jr. was taken to a hospital and treated for glass in his arm and hand. Boardley Jr.’s father said his son was in “total shock” when he called after the incident.
“His mental and emotional status is coming. We have to get him looked at because that was a traumatic experience. He is struggling with that part of it,” Warren Boardley Sr. said. “Today is a day we could have been mourning his loss. I’ve never seen anything like it. And to survive it? I’ve never seen anything like it.”
Boardley Sr. said his son described “total fear” and that he didn’t think he was going to survive the crash.
“If he had been going one mph faster or one mph slower, it would have more than likely killed him,” Boardley Sr. said. “That shook me to my core. No parent wants to see that.”
Boardley Sr. said his son will not be driving a truck again.
The law firm noted that Boardley Jr. is still recovering and is thankful for support from the community.
“Warren Jr. is in acute distress,” Gordon said. “He is suffering from severe pain, and he is doing his best to relax at home. There may be some head trauma that is involved. We know there was blunt force trauma to the head. We are praying that this doesn’t result in any greater damage.”
Law firm launches investigation The law firm’s investigation will include evidence preservation and consultation about aviation safety issues, Gordon said.
The NTSB’s investigation will look into the weather conditions, human performance, aircraft performance and air traffic control, the law firm said.
“How did this collision occur? Was it pilot error, mechanical malfunction, was it weather, was it something happening inside the cabin of the aircraft, was it air traffic control? We don’t know and that’s what we need to know,” Gordon said.
In an exclusive, one-on-one interview with WJZ’s Tara Lynch on Monday, Boardley Sr. described the moment his son called him to tell him what happened as unbelievable.
“It appeared to be nothing short of a miracle to me that he survived that,” Boardley Sr. said. “To see what he had to endure, probably had he had not ducked he would’ve been decapitated. And just knowing that you just missed that, that will weigh on you for a lifetime.”
The airline has not acknowledged it’s plane struck the bakery truck. Gordon says United may be spinning the story.
“They may have hit a light pole in addition to striking my client’s vehicle, but obviously his vehicle was struck because that’s on video tape,” Gordon said.
New images show the moment the plan struck the top of the truck’s trailer. Air Traffic Control audio says the pilots “felt something over the threshold” and that there is a hole in the side of the plane.
“As a professional airline pilot, you just don’t do that,” Bill Pearce, a commercial airline pilot, told WJZ. “When that aircraft goes over the end of the runway markings, he should’ve been at 50 feet. Well, go back 1,000 feet and the H&S Bakery truck is 20 feet tall, so the proof is in the pudding.”
Communication between the pilots and ground control was also recorded. The pilots asked for a phone number to the non-recorded line to talk about the landing.
“Sure, what’s happening? What’s going on?” Newark ground control questioned.
“I’ll tell you over the phone, it has nothing to do with you all, just something on landing,” the pilot replied.
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