Attorneys representing families of the victims of the 2022 Wings Over Dallas air show crash say findings from the National Transportation Safety Board confirm the allegations in their lawsuits against show organizers.
The NTSB will release its final report Thursday, but Kevin Koudelka, who represents the family of pilot Leonard “Len” Root, said the NTSB’s findings so far reaffirm what the plaintiffs say the Commemorative Air Force and the show’s “air boss” did wrong.
“As far as closure, I guess we're going to see what's in the final report and kind of what the reaction of the defendants in this matter are,” Koudelka said. “But I definitely think that this is a step in the right direction. We finally are getting the answers and the conclusions that we've been waiting for, for over two years.”
A synopsis of the NTSB’s report said the pilots of a Boeing B-17 and a Bell P-63, two World War II-era aircraft, had limited ability to see and avoid each other’s airplanes because of flight path geometry and aircraft structures obscuring their window views, which, among other things, led them to crash mid-flight on Nov. 12, 2022.
Investigators concluded that a lack of administrative risk controls and a documented risk assessment process to ensure the aircraft were flying separately directly contributed to the crash. They also found that “air boss” Russell Royce’s plans and directives to pilots from the ground were ineffective, and air bosses in general aren’t subject to regular reevaluations and don’t have to follow standardized communication guidelines under Federal Aviation Administration rules.
Five other men were killed in the crash — B-17 co-pilot Terry Barker, crewmembers Kevin "K5" Michels, Dan Ragan and Curt Rowe, and P-63 pilot Craig Hutain. Several of their family members are part of two lawsuits accusing the Commemorative Air Force and Royce of negligently planning and monitoring the air show.
The Commemorative Air Force said in a statement it has worked closely with the NTSB over the course of the two-year investigation and thoroughly examines accidents like these to improve safety in the future.
“The CAF has already implemented many of the NTSB’s recommendations to strengthen our existing Safety Management System,” the statement reads. “We are reviewing information as it comes in and carefully considering how it may impact our operations in the future.”
CAF cannot discuss legal proceedings, a spokesperson said. Royce’s attorneys did not respond to a request for comment.
When the NTSB releases its final report, attorneys can use facts from the report as evidence — but not the actual conclusions the NTSB draws about the crash, according to federal rules of evidence. The plaintiffs’ attorneys will have to find independent experts who can share their own conclusions during testimonies in depositions or at trial.
The families’ two lawsuits are effectively joined for the purposes of discovery, said Kent Krause, who represents Hutain’s family. Both attorneys say they’re preparing to go to trial in the two cases, which are both set for August 2025.
Krause said the parties in this case should be able to reach a settlement given the information the NTSB has shared. If they did, it’s likely the Commemorative Air Force and other defendants would not have to admit to any alleged wrongdoing.
“Frankly, I think the insurance companies for the Commemorative Air Force as well as the air boss should tender all their money, all the limits they have to the parties and let the plaintiffs figure out how to divide that,” he said.
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