BOSTON (Legal Newsline) -- A Massachusetts woman is her suing former employer, an aircraft company, for permanent disability caused to her allegedly by toxic chemical exposure.
Kelly Excellus filed a complaint on August 2 in Suffolk Superior Court against Embraer, S.A., Embraer Customer Services, Inc., Embraer Aircraft Customer Services, LLC, Embraer Aircraft Holding, Inc., and Embraer Executive Jet Services, LLC for negligence and breach of express and implied warranties of merchantability.
According to the complaint, on July 31, 2018, Excellus, who worked as a flight attendant, boarded an Embraer ERJ 190-100 IGW, a fixed wing, multi-engine airplane. Excellus was eating lunch at the rear of the plane during down-time prior to the arrival of passengers.
While eating, the flight crew started the engine and she immediately noticed a noxious smell, which became worse over time, she says. After several minutes, another crew member came to the rear of the plane, immediately telling her that the noxious smell was making him feel ill, the suit says.
Within a short amount of time, Excellus allegedly began having a severe headache, nausea, blurred vision, unsteadiness and inability to control her motor functions, and felt heavily intoxicated. Her co-worker told her that he also felt the same, she says.
Excellus and the other flight attendant were immediately transported to the hospital where it was confirmed that they had acute carbon monoxide poisoning and suffered chemical concussions. Excellus has experienced severe and permanent neurological impairment and disability, including but not limited to blurred vision, chronic and severe headaches, inability to concentrate, inability to regulate mood and affect, inability to maintain balance, nausea, and other symptoms consistent with toxic exposure and traumatic brain injury, the suit says.
Excellus seeks compensatory damages for past and future medical expenses, lost wages, loss of earning potential, mental anguish, pain, and suffering. Excellus is represented by John T. Martin.