Commemorative Air Force Faces Lawsuit in Fatal Midair Collision

The family of the B-17 pilot killed during the Wings Over Dallas WWII Airshow is suing, alleging negligence.

Meg Godlewski

Tuesday, September 05, 2023 at 04:26 PM ET

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The B-17 ‘Texas Raiders’ from the Commemorative Air Force Gulf Coast Wing. [Courtesy: Jim Allen]

Key Takeaways:

The family of Len Root, a pilot killed in the 2022 Wings Over Dallas airshow mid-air collision, is suing the event organizer, the Commemorative Air Force (CAF), for alleged negligence.
The lawsuit specifically names air boss Russell Royce, accusing him of negligence in managing flight paths, maintaining aircraft separation, conducting briefings, and developing a safe flight plan.
It further alleges the CAF was negligent for allowing an "unsafe, unqualified air boss" to oversee the airshow, which resulted in the fatal collision of a B-17G and a P-63F, killing six volunteer pilots.
The Root family's attorney states the lawsuit's purpose is to find answers, determine blame, and ensure future airshow safety, with all parties awaiting the NTSB's final accident report.

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The family of Len Root, one of six people killed in the midair collision of a B-17G and a P-63F during the Wings Over Dallas WWII Airshow last year, is suing the Commemorative Air Force, the organizers of the event, for negligence that allegedly caused the death of Root and five other men.

The lawsuit was filed last week in Dallas County, Texas, on behalf of Angela Root, the wife of Len Root, and his daughters, Larisa Lichte, Kendra Hockaday, and Rebekah Lowery. Angela Root was at the airshow and witnessed the crash that killed her husband.