The family of pilot Len Root - one of the six victims killed in a shocking midair collision between two WWII-era planes - is taking legal action and seeking answers.
Last November, a tragic incident unfolded during the Wings Over Dallas Air Show. Now, the Root family is suing the event's organizers.
"Mrs. Root watched it happen, and she is not doing very well," the family's attorney Kevin Koudelka told FOX 4 Dallas-Ft. Worth. Koudelka went on to clarify the lawsuit's purpose, saying: "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."
Len Root, 66, was a retired American Airlines pilot who first got his pilot's license at the young age of 16. He was in a B-17 bomber along with four other crew members when it collided with a P-63 fighter plane, killing everyone on board both aircraft.
Following the tragedy, the Commemorative Air Force released the names of the victims, along with the following tribute: "The Commemorative Air Force has been authorized to confirm the names of the B-17 Flying Fortress and P-63 Kingcobra flight crews involved in the tragic accident at Wings Over Dallas.
"We are heartbroken to announce that the following members of the Commemorative Air Force went west on Saturday, November 12, 2022, at the Wings Over Dallas WWII Airshow while performing. Please join us in mourning the loss of our good friends and fellow airmen."
According to FOX 4, the lawsuit names multiple defendants, including the Commemorative Air Force (CAF), the organizers of the air show, and the owners of the planes. The suit claims negligence, particularly on the part of the air boss who - according to Koudelka - acted as the "quarterback calling the plays for the event".
"Our investigation thus far and the preliminary report from the NTSB [National Transportation Safety Board] summed up is the planes shouldn’t have been near each other," Koudelka said. The New York Post reports that audio recordings released by the FAA earlier this year reveal that the air boss gave the go-ahead to the pilots just seconds before the devastating crash.
The CAF responded to the lawsuit, stating:
"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 killed in the accident were identified as Terry Baker, Curt Rowe, Kevin Michels, Dan Ragan, and Craig Hutain. Chilling videos posted on social media captured the moment when the fighter plane appeared to collide with the bomber, resulting in a massive fireball and plumes of smoke.
Both the Federal Aviation Administration (FAA) and the NTSB are conducting investigations into the cause of the collision, and the final reports may still be several months away. The preliminary NTSB report noted that there was no altitude advice plan provided to the pilots prior to the event, raising further questions about the incident's circumstances.
"It’s a lawsuit to find out who screwed up and hold them responsible because we know Mr. Root, the pilot, didn’t screw up," Koudelka concluded.
Our thoughts continue to go out to the loved ones of all of those involved in this horrible tragedy.
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