Tomas Salvador’s attorney said his client is being treated for several physical injuries and is undergoing occupational, speech and physical therapy.
HOUSTON — A Houston engineer has filed a lawsuit against Delta Air Lines after surviving the Flight 4819 crash in which a plane in Toronto flipped over on the runway after landing.
Tomas Salvador’s attorney, Nomaan Husain with Husain Law and Associates, said his client is still in the hospital being treated for several physical injuries and is undergoing occupational, speech and physical therapy.
While Salvador and his family prefer to stay private, Husain said they want to go public with the lawsuit so people know it’s about accountability. They want to learn more about what happened and what went wrong on Feb. 17, 2025.
Husain said they believe the crew’s first officer was in charge when the dramatic crash happened. He said they have questions on why the captain allegedly wasn’t in control, given the weather conditions during the landing.
“Toronto International Airport on February 17th at 2:13 p.m. was open for business. Planes were landing,” Husain said.
Husain said there’s also been little to no communication from Delta since the crash, which is why they filed the lawsuit on Tuesday in federal court. The lawsuit names Delta Air Lines and Endeavor Air, a wholly owned subsidiary of Delta Air Lines, as defendants.
“My client was knocked out as a result of the crash. When he awoke, he was covered in jet fuel, suspended upside down in a smoke-filled cabin,” Husain said.
Husain said Salvador crawled to get out after unbuckling himself. He was able to call his wife with another passenger’s phone as his passport, phone and personal items were left behind in the escape.
After being on the runway for nearly an hour, Husain said Salvador was rushed to a hospital for his injuries.
“He has a severe concussion, his neck, his back, his shoulder, his knee, his— the whole side of his body that struck the side of that plane is severely injured and not to mention, you know, the mental injuries. He said that everything was in slow motion. He’s very emotional about it because he says he saw God that day,” Husain said.
After being discharged from the hospital in Toronto, Salvador was flown home to Houston, where he was re-admitted and remains to this day.
“Ultimately, what is he asking from Delta [Air Lines]?” KHOU 11 Reporter Amanda Henderson asked.
“Mr. Salvador wants to get to the bottom of it and try to prevent this from happening again,” Husain said.
The Houston Attorney is asking for a jury trial per the lawsuit. The lawsuit said Salvador was “seriously, permanently and debilitatingly injured.”
“When we step onto a plane and we hand the flight attendant our boarding pass, we’re not just handing the flight attendant our boarding pass, we’re literally entrusting our lives to that flight crew and the pilots,” Husain said.
Delta Air Lines said it wouldn’t comment on pending litigation and pointed KHOU 11 News to past statements on the crash. They also said that while the Transportation Safety Board of Canada hasn’t issued any updates on their investigation, they might respond to our questions.
As for what comes next with the lawsuit, Husain said it depends on whether Delta Airlines will accept responsibility for the crash.
If Delta Air Lines disputes even one paragraph in the lawsuit, it will then move to the discovery phase of finding out how the crash happened and why before settling on damages. If Delta Air Lines accepts the claims, it will move straight to damage settlement. Either way, Husain expects it to go before a Harris County jury.
See the full complaint here.