The family of Lloyd “Len” Root, the pilot who died after two planes collided during a Dallas airshow last year, has filed a lawsuit against multiple organizers of the event.
Root, 66, was one of six people who died after a Boeing B-17G collided with a Bell P-63F at the Wings Over Dallas Airshow in November 2022.
He was a retired American Airlines pilot who had been flying since obtaining his pilot’s license at the age of 16.
The victims of the crash have been identified as Root, Craig Hutain, Dan Ragan, Terry Barker, Curtis Rowe, and Kevin Michels, according to WFAA.
The lawsuit was filed last week by Root’s wife Angela, along with his daughters Larisa Lichte, Kendra Hockaday, and Rebekah Lowery.
Root’s family is seeking monetary damages worth over $1 million, which will be used to cover medical expenses due to the incident and funeral expenses.
According to the lawsuit, Angela witnessed the incident and “suffered shock and a direct emotional impact from the contemporaneous observation of the mid-air collision.”
William Angelly, an attorney for the Root family, said that “airshows should be fun, educational, and informative events and are important to preserve our aviation history,” per NBC 5 DFW.
“However, they can and must be done safely, and this airshow was not safe. These two planes should never have been within the same zip code of each other,” he added.
Three defendants are named in the lawsuit: the Commemorative Air Force (CAF), American Airpower Heritage Flying Museum Inc., and the American Airpower Heritage Museum Inc.
The lawsuit alleges that the defendants were negligent in Root’s death for multiple reasons, such as the “failure to maintain control of the flight paths of the subject aircraft involved, including failure to maintain safe and adequate lateral, linear and temporal separation between all participating aircraft.”
Although he was not directly named as a defendant, the lawsuit alleges that the show’s air boss Russell Royce, hired by CAF, contributed to failures that “caused the mid-air collision between the subject P-63F and the subject B-17G aircraft.”
“In this instance, he, along with the Defendants, failed to draft, organize, and implement a safe and adequate flight plan for the Airshow, including providing safe and adequate linear and lateral, and temporal distance between all participating aircraft,” it asserts.
In addition to negligence by the defendants, the Root family claims that there was a misrepresentation of information prior to the event.
“The material facts withheld and concealed from the crew denied the passengers the information and the opportunity to make an informed decision about the safety of traveling in the aircraft,” reads the lawsuit.
Kevin Koudelka, another attorney representing the family, said that “filing this lawsuit was a difficult decision for the Root family,” per NBC 5.
“Ultimately, protecting the aviation community and holding those responsible for this tragedy honors Len Root and his passion for flying. We are committed to making sure others don’t suffer as Mrs. Root and Len’s daughters have.”
A statement from CAF regarding the lawsuit was published by Fox News.
“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,” it read, noting that attorneys are “looking into the petition and will respond through the appropriate channels.”