JOHANNESBURG, SOUTH AFRICA — The bankrupt South African airline Comair has taken legal action against Boeing alleging fraudulent behavior for eight 737 MAX jets it had ordered. The airline is asking compensation for a minimum of $83 million.
Comair has accused Boeing of engaging in fraudulent behavior by concealing problems with a critical flight control system. This system was linked to two fatal crashes of the 737 MAX aircraft in Indonesia and Ethiopia in 2018 and 2019, resulting in the loss of 346 lives and leading to a 20-month grounding of the plane.
The airline operated flights under both the British Airways and Kulula.com brands before it ceased its operations in June 2022. The South African carrier claimed that Boeing refused to repay the $45.2 million advance payments made for seven MAX planes. Comair took delivery of only one 737 MAX aircraft before the model was grounded.
Polish national airline PLL LOT filed a lawsuit against Boeing in Seattle in late 2021, making similar allegations to Comair regarding the 737 MAX purchases. The case is currently pending. Polish LOT requested a U.S. judge in Texas to recognize it as a victim of crime in the ongoing case against Boeing for the 737 MAX. The airline has stated that it has sustained at least $250 million in damages.