Damage from a mid-air collision between two planes sits within the fence line of the Dallas Executive Airport on Nov. 12, 2022. (Liesbeth Powers/TNS)
DALLAS — The wife and daughters of Lloyd “Len” Root, a pilot who died last fall during the Wings Over Dallas Airshow, filed a lawsuit Thursday against two groups tied to the event.
Root, a retired American Airlines pilot, was one of six crewmembers who died Nov. 12 during a mid-air collision between two WWII-era aircraft at the Commemorative Air Force’s event at the Dallas Executive Airport. He was co-piloting the Boeing B-17G with four others onboard that collided with a Bell P-63F that only had the pilot in it.
Root’s wife Angela Root and daughters Larisa Lichte, Kendra Hockaday and Rebekah Lowery filed the lawsuit in Dallas County “to help ensure safety for pilots participating in air shows and to show that the tragic death of a beloved husband and father is an immense loss made even more traumatic by its preventable nature,” a news release from the law firm representing the family said.
The relatives, who all live in North Texas, are seeking more than $1 million in damages after suffering emotional distress from the loss of their husband and father. Angela Root was at the show when the collision happened and “personally witness the tragedy unfold and she knew she was witnessing her husband’s death as the plane he was flying was split in two,” the lawsuit says.
Among other expenses, the damages will go toward covering the costs of Root’s funeral and burial.
The defendants in the 14-page lawsuit include the Commemorative Air Force, the American Airpower Heritage Flying Museum Inc., and the American Airpower Heritage Museum, Inc. The latter two entities own and maintain the aircraft involved in the incident, according to the lawsuit.
Although Russell Royce, the Air Boss for the event, is not named as a defendant in the lawsuit, a large portion the allegations revolve around his alleged failings as a leader for the show. He was hired and employed by the Commemorative Air Force.
The lawsuit alleges Royce failed to “draft, organize, and implement a safe and adequate flight plan” for the show as is his responsibility, and that failure caused the collision. It further says the air force allowed Royce to serve as Air Boss knowing he lacked the skills and experience to do so, increasing the risk and danger of the show.
The defendants were negligent in many ways, the lawsuit says, including not properly monitoring the aircraft and intervening in a timely manner, failing to establish proper safety management systems, not conducting a proper pre-flight briefing and more.
Root’s family also believes, according to the lawsuit, that the defendants concealed facts and information from Root and his crew that denied them “the opportunity to make an informed decision about the safety of traveling in the aircraft.”
In a written statement provided to The Dallas Morning News, Root’s family said they are working to honor his legacy.
“Len loved to fly and share his love of aviation with others,” the statement says. “He spent many enjoyable hours in the company of other pilots flying vintage aircraft, others who were just as committed to safety as he was. Today, it’s with a heavy heart that we file suit, but it’s something we feel compelled to do to protect other pilots. It’s what Len would want.”
Kevin Koudelka, one of the attorney’s representing the family, said filing the lawsuit was a difficult decision for the family.
“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,” Koudelka said.
The National Transportation Safety Board’s investigation into the crash is still ongoing. Typically a full investigation on such incidents lasts 12-18 months.
A four-page preliminary report was released weeks after the crash. Although it did not determine a cause for the crash, it provided new details about the minutes and maneuvers leading up to the collision.
Root was 66 at the time of his death. He frequently flew modern and historic aircraft after obtaining his pilot’s license when he was just 16. He retired from American Airlines in 2021 as a Boeing 787 international captain and continued to train pilots in the years before his death.
The others who died in the collision include: Terry Barker, also a former American Airlines pilot; Curtis Rowe, a major in the Ohio Civil Air Patrol; Craig Hutain, a former United Airlines pilot; Dan Ragan, a U.S. Navy veteran; and Kevin Michels, who was extremely active with the Commemorative Air Force Gulf Coast Wing’s B-17 Texas Raiders.
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