What Is the Delta Flight 56 Turbulence Lawsuit?
The Delta flight turbulence Utah lawsuit is a personal injury case filed in Utah state court by 20 passengers who were aboard Delta Flight 56 during severe turbulence on July 30, 2025. The case is captioned Baxter et al. v. Delta Air Lines, Inc., Case No. 260904951.
The plaintiffs filed it on June 26, 2026 in the Third Judicial District Court of Salt Lake County. Judge Richard Pehrson is listed on the complaint, and the plaintiffs demand a jury trial.
The suit is not a class action. Each plaintiff sues for their own injuries, and the group includes adults and children from Utah, California, Montana, Idaho, South Carolina and Norway.
“This action is brought by the Plaintiffs for serious personal injuries, emotional distress, and all damages that they sustained in an aircraft accident that occurred on July 30, 2025, on Delta Flight 56 from Salt Lake City, Utah, to Amsterdam, Netherlands.”
Source: Baxter et al. v. Delta Air Lines, Inc., Case No. 260904951, Third Judicial District Court, Salt Lake County, Utah, Complaint and Jury Demand, para. 1 (June 26, 2026)
Why Was the Delta Flight 56 Turbulence Lawsuit Filed?
The Delta flight turbulence Utah lawsuit was filed because the plaintiffs say Delta's crew flew into forecast thunderstorms and then failed to protect or promptly care for the people on board. The complaint calls the event an accident under Article 17 of the Montreal Convention, an international treaty on airline liability.
The complaint says the flight crew had a weather advisory, a convective SIGMET and air traffic control warnings. It says controllers approved a course deviation that the crew did not take.
It adds that the seatbelt sign was off and beverage service was underway when the aircraft hit the turbulence. These are the plaintiffs' allegations, and Delta has not answered them in court.
The plaintiffs also object to what happened afterward. They allege the crew skipped closer airports and flew about 90 more minutes to Minneapolis, a Delta hub, to save diversion and rebooking costs.
What Harms Does the Delta Flight 56 Turbulence Lawsuit Allege?
The Delta flight turbulence Utah lawsuit lists six categories of harm, ranging from bruising to post-traumatic stress. The complaint states that every plaintiff suffered physical injury, and it says exact injuries and costs will be proved at trial.
All of the descriptions below are allegations from the complaint, not findings by a court. The NTSB's preliminary report counted 24 passengers evaluated and 18 sent to hospitals, while the complaint says more than 30 passengers and flight attendants were transported.
Head and Spinal Injuries
A head or spinal injury is damage to the brain, skull, neck or back, which can range from a mild concussion to a serious spinal injury.
The complaint says passengers who were not buckled in were thrown into the ceiling and aircraft fixtures. It lists head injuries, spinal injuries and concussions among the results. A plaintiff attorney later described some injuries as severe, including significant head concussions.
Broken Bones and Internal Injuries
A broken bone is a crack or break in a bone, and an internal injury is damage to organs or tissue inside the body.
The complaint lists broken bones and internal injuries among its injury categories. It does not say which plaintiff suffered which injury. A Fox 13 report described the plaintiffs' injuries as including bruising, whiplash, broken bones and internal injuries.
Whiplash, Bruising and Abrasions
Whiplash is a neck injury from a sudden forceful movement, and abrasions are scrapes that remove the top layer of skin.
The complaint says passengers who were wearing seatbelts still suffered bruising across their legs and abdomens, whiplash and abrasions. It attributes this to the force of the aircraft's climbs and drops, which it describes as a loss of control.
Lacerations From Flying Objects
A laceration is a deep cut or tear in the skin, often caused by a sharp or forceful impact.
The complaint says beverage cart contents, food, phones, bags and other items flew across the cabin and struck several passengers. It lists lacerations among the injuries, along with broken interior fixtures that unrestrained passengers hit.
Post-Traumatic Stress Disorder
Post-traumatic stress disorder is a mental health condition that can follow a terrifying event, with symptoms such as flashbacks, anxiety and trouble sleeping.
The complaint says plaintiffs experienced terror, fear of death or serious injury, anxiety, flashbacks and sleeplessness. It says some of these are objective signs of mental harm. Plaintiffs also seek damages for emotional distress tied to the 2.5 minutes of turbulence.
Fear of Flying
Fear of flying, called aerophobia, is an intense anxiety about air travel that can cause panic attacks and lead people to avoid flights.
The complaint describes aerophobia as a diagnosable anxiety disorder under the DSM-5, the American Psychiatric Association's diagnostic manual. It says the condition can cause missed family vacations and refusal to travel for work. The complaint also seeks damages for loss of enjoyment of life and loss of consortium.
What Is the Current Status of the Delta Flight 56 Turbulence Lawsuit?
The current status of the Delta Flight 56 turbulence lawsuit is that the case is pending in its earliest stage. The NTSB investigation of the flight is a separate, ongoing proceeding that is not a lawsuit.
Baxter et al. v. Delta Air Lines, Inc.
Baxter et al. v. Delta Air Lines, Inc. is the Utah state-court case, filed June 26, 2026. The complaint alleges negligence, liability under the Montreal Convention and negligence per se, and it seeks compensatory and punitive damages in amounts to be proved at trial.
| Court | Third Judicial District Court, Salt Lake County, Utah |
| Case Number | 260904951 |
| Judge | Richard Pehrson (as listed on the complaint) |
| Filed | June 26, 2026 |
| Plaintiffs | 20 passengers: 15 adults and 5 minors |
| Defendant | Delta Air Lines, Inc. |
| Plaintiff Counsel | Mortensen & Milne; Aviation Law Group P.S. (pro hac vice admission pending) |
| Claims | Negligence; Montreal Convention liability; negligence per se |
| Discovery Tier | Tier 3, amount in controversy above $300,000 |
| Status | Pending; Delta had not responded in court as of June 29, 2026 |
No docket entry after the complaint was located, so a motion to dismiss, a request to move the case to federal court or an answer may have been filed without public reporting. The Montreal Convention can give federal courts a role in some cases, but no removal was reported.
NTSB Investigation DCA25LA276
NTSB investigation DCA25LA276 is the federal safety inquiry into the Flight 56 turbulence encounter, and it is separate from the lawsuit. Its preliminary report, released September 9, 2025, says the upset lasted about 2.5 minutes at 37,000 feet near Creston, Wyoming.
| Agency | National Transportation Safety Board |
| Accident Number | DCA25LA276 |
| Aircraft | Airbus A330-941, registration N422DZ |
| Time and Place | 5:23 p.m. mountain daylight time, near Creston, Wyoming |
| Vertical Acceleration | About +1.75 g to about -0.5 g |
| Injuries Reported | 2 serious and 5 minor (cabin crew); 24 passengers evaluated, 18 taken to hospitals |
| Status | Ongoing; final report not located as of Nov. 2, 2026 |
The NTSB's preliminary report is subject to change. The agency lists the FAA, Delta, the Air Line Pilots Association, the Professional Airline Flight Controllers Association, France's BEA and Airbus as participants.
Has Delta Settled the Flight 56 Turbulence Lawsuit?
No. Delta has not settled the Flight 56 turbulence lawsuit as of November 2, 2026, and no settlement amount has been announced.
The complaint does not state a dollar figure. It asks for economic and non-economic damages in amounts to be proved at trial, plus punitive damages, costs, fees and interest.
The Montreal Convention is the treaty that governs injury claims on international flights. It makes the airline liable for bodily injury caused by an accident up to 151,880 Special Drawing Rights per passenger, a figure effective December 28, 2024. Above that amount, the carrier can avoid liability only by proving that it took all necessary measures or that a third party was solely to blame.
The complaint pleads Delta cannot show it took all necessary measures. Whether that holds, and how the treaty limits apply to each plaintiff, is for the court to decide. Only a qualified attorney reviewing a person's records can estimate what a claim might be worth.
Latest Delta Flight 56 Turbulence Lawsuit Updates
Delta flight turbulence Utah lawsuit updates are limited to the public record: one state-court complaint, one NTSB preliminary report and statements from the parties. Each entry names the proceeding it belongs to and is listed in date order, with no ruling in the lawsuit reported as of November 2, 2026.
Full Delta Flight 56 Turbulence Lawsuit Timeline
Delta Flight 56 Hits Severe Turbulence Over Wyoming
Delta Flight 56, an Airbus A330-941 flying from Salt Lake City to Amsterdam, hit severe turbulence near Creston, Wyoming at 5:23 p.m. mountain daylight time. The crew diverted to Minneapolis-St. Paul, and Delta confirmed that 25 people were taken to local hospitals.
Attorney Demands Delta Ground the Flight 56 Aircraft
In the days after the flight, trial attorney Evan Oshan, who represented two Flight 56 passengers, demanded that Delta ground and fully inspect the aircraft involved, according to FOX 13. Delta said it would cooperate with the NTSB investigation.
NTSB Releases Preliminary Report on Flight 56
The NTSB released its preliminary report for investigation DCA25LA276 on September 9, 2025. It states that the Flight 56 upset lasted about 2.5 minutes, that 24 of 246 passengers were evaluated, and that 18 were taken to hospitals.
Plaintiff Firm Invites Other Flight 56 Passengers to Contact It
Aviation Law Group posted an article on December 13, 2025 asking anyone aboard Delta Flight 56 to contact the firm. The firm said it was gathering information for its own investigation of the turbulence.
20 Passengers File Baxter v. Delta in Utah State Court
Twenty Flight 56 passengers filed Baxter et al. v. Delta Air Lines, Inc., Case No. 260904951, in the Third Judicial District Court of Salt Lake County on June 26, 2026. The complaint alleges negligence, Montreal Convention liability and negligence per se, and it demands a jury trial.
Delta Declines to Comment on the Flight 56 Lawsuit
A Delta spokesperson said on Friday, June 26, 2026, as the Salt Lake Tribune reported the next day, that the airline could not comment on active litigation about a matter still under investigation. Plaintiff attorney Casey DuBose said Delta had the weather warnings and the tools to avoid the storm.
Delta Has Not Yet Responded in the Utah Case
KSL reported on June 29, 2026 that Delta had not yet responded to the Baxter v. Delta Air Lines complaint in court. The report said the NTSB had not issued its final report on Flight 56.
No Docket Ruling or Final NTSB Report Located
A search of news coverage and the plaintiffs' firm pages on November 2, 2026 found no ruling, answer or settlement in Baxter v. Delta Air Lines and no final NTSB report for DCA25LA276. Docket databases were not searched directly.
What Evidence Supports the Flight 56 Turbulence Lawsuit?
The evidence behind the Flight 56 turbulence lawsuit is mostly flight data, weather records and air traffic control communications that the NTSB and the plaintiffs both rely on. The complaint includes a ground-track and radar image of the flight on July 30, 2025.
The NTSB sent the flight data recorder and cockpit voice recorder to its laboratory in Washington, D.C. Its preliminary report also cites the convective SIGMET in effect for the time and area.
The complaint relies on the air traffic control exchange about weather ahead and the approved deviation. Plaintiffs will also need their own medical records, bills and employment records to prove individual injuries and losses.
What Did Delta Allegedly Know Before the Flight 56 Turbulence?
Delta is accused of having weather warnings, tools and staff that could have steered Flight 56 away from the storm, and the NTSB's preliminary crew account tells a more mixed story. The complaint says Delta gives pilots tablet-based weather apps and employs at least 20 in-house meteorologists.
It also says flight dispatchers, whom Delta calls flight superintendents, share weather duty with the crew under 14 C.F.R. 121.601. The negligence per se claim cites that rule, 14 C.F.R. 121.599 and 14 C.F.R. 91.13, a rule against careless or reckless operation.
The table below sets the complaint's version beside the NTSB's account of what the crew told investigators.
| Issue | Complaint Alleges | NTSB Preliminary Report States |
|---|---|---|
| Weather warnings | Crew had a weather advisory, a SIGMET and an ATC warning of extreme convective activity 74 miles ahead | A convective SIGMET was in effect, and the crew had discussed possible turbulence before departure |
| Course deviation | ATC approved a deviation and Delta 56 did not deviate | Crew requested a right deviation, ATC suggested a left turn to 350 degrees, and the crew accepted it |
| Seatbelt sign | Crew turned it off prematurely, and beverage service began | The captain turned it off at about flight level 350, after the crew saw only light cirrus clouds |
| Diversion | Crew did not declare an emergency and flew to a Delta hub, Minneapolis, to save money | Crew declared an emergency and diverted to Minneapolis-St. Paul to avoid weather |
The NTSB account comes from crew statements, and the report is preliminary. The complaint reflects the plaintiffs' reading of the same events, and a court has not decided which version is correct.
Are There Other Lawsuits Related to the Flight 56 Turbulence Lawsuit?
No other lawsuit over Flight 56 was located, but the plaintiffs' firm describes a similar earlier turbulence case. Aviation Law Group says it represents many injured passengers from Hawaiian Airlines Flight 35 on December 18, 2022, a separate event that the NTSB investigated.
| Case or Event | Defendant or Carrier | Subject | Status |
|---|---|---|---|
| Baxter et al. v. Delta Air Lines, Inc., No. 260904951 (Utah Third District) | Delta Air Lines, Inc. | Flight 56 turbulence on July 30, 2025 | Pending; no ruling located |
| Hawaiian Airlines Flight 35 turbulence, December 18, 2022 | Hawaiian Airlines | Severe turbulence from a convective cloud, per the plaintiff firm's account | Separate event; NTSB final report described by the firm as complete |
The Hawaiian Airlines details come from the plaintiffs' firm, not from the NTSB document, and the case is a different event with different parties. It is not part of this lawsuit. The Alaska Airlines passenger lawsuit page covers another airline injury case.
Frequently Asked Questions
What is the Delta flight turbulence Utah lawsuit about?
The Delta flight turbulence Utah lawsuit is about injuries on Delta Flight 56 on July 30, 2025. Twenty passengers sued Delta Air Lines in Utah state court, alleging negligence and Montreal Convention liability after severe turbulence over Wyoming.
Is the Delta Flight 56 turbulence lawsuit a class action or MDL?
No. The Delta Flight 56 turbulence lawsuit is neither a class action nor an MDL. It is a single case with 20 named plaintiffs, 15 adults and 5 children, each suing for their own injuries.
What is the current status of the Delta Flight 56 turbulence lawsuit?
The current status of the Delta Flight 56 turbulence lawsuit is pending in Utah's Third District Court. Delta had not responded in court as of June 29, 2026, and no ruling was located as of November 2, 2026.
Has Delta settled the Flight 56 turbulence lawsuit?
No. Delta has not settled the Flight 56 turbulence lawsuit, and no settlement amount has been announced. The complaint seeks unspecified damages, including punitive damages, to be proved at trial.
How many people were hurt on Delta Flight 56?
Reports differ on how many people were hurt on Delta Flight 56. Delta confirmed 25 people were taken to hospitals, the NTSB preliminary report says 18 passengers were transported, and the complaint says more than 30 passengers and crew were.
Did the NTSB find that Delta caused the Flight 56 turbulence?
No. The NTSB has not issued a final report on the Flight 56 turbulence, and its preliminary report assigns no cause. The report says the crew expected some weather and saw only light cirrus clouds before the upset.