The family of Len Root, a victim of last year's fatal midair collision involving two World War II-era planes at the Wings Over Dallas Air Show, has filed a lawsuit against the event's organizers.
Root, a retired American Airlines pilot, was among the six casualties of the tragic accident that unfolded before a large audience in Texas.
Kevin Koudelka, the family's legal representative, spoke to FOX 4 Dallas-Ft. Worth about the lawsuit. "Mrs. Root watched it happen, and she is not doing very well," he said. "We need the lawsuit to get into what happened and who is responsible for that. Second part of that is who is responsible? What happened? Who is wrong? And why did this happen? And hold them accountable."
Root, aged 66, was aboard a B-17 bomber with four other crew members when it collided with a P-63 fighter plane in November of the previous year. The collision resulted in the deaths of all individuals on both aircraft.
The lawsuit names the Commemorative Air Force (CAF), the organizers of the air show, and the owners of the planes as defendants, as reported by FOX 4. The legal action alleges negligence, particularly on the part of the air boss, whom Koudelka described as the "quarterback calling the plays for the event." He further stated that they believe the air boss was employed by the CAF.
"Our investigation thus far and the preliminary report from the NTSB [National Transportation Safety Board] summed up is the planes shouldnt have been near each other," Koudelka added.
According to audio recordings released by the Federal Aviation Administration (FAA) earlier this year, the air boss gave the pilots clearance moments before the crash, as reported by FOX 4.
In a statement to Fox News Digital, the CAF said, "We are aware of the lawsuit filed against the Commemorative Air Force on August 31 by the family of one of our members who was tragically killed in the accident at the Wings Over Dallas Airshow in November 2022. Our attorneys are looking into the petition and will respond through the appropriate channels."
The other victims of the crash were Terry Baker, Curt Rowe, Kevin Michels, Dan Ragan, and Craig Hutain. Social media footage showed the fighter plane seemingly flying into the bomber, leading to a swift crash and a large explosion.
The FAA and the NTSB are investigating the cause of the collision, with the final determination expected to take several more months. The preliminary report did not specify the cause of the crash but noted the absence of an altitude advice plan for the pilots before the show.
"Its a lawsuit to find out who screwed up and hold them responsible because we know Mr. Root, the pilot, didnt screw up," Koudelka concluded.
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